<\^Si.l 


-A.  -,/r 


COMPILATION  OF  ALL  THE  TREATIES 


BETWEEN   THE 


UNITED  STATES  AND  THE  INDIAN  TRIBES 


NOW  IN  FORCE  AS  LAWS, 


PREPARED    UNDER    THE    PROVISIONS    OF    THE    ACT    OF   CONGRESS,  AP 
PROVED  MARCH  3,  1873,  ENTITLED  "AN  ACT  TO  PROVIDE  FOR  THE 
PREPARATION    AND    PRESENTATION    TO    CONGRESS    OF    THE 
REVISION  OF  THE   LAWS  OF  THE  UNITED  STATES,  CON 
SOLIDATING  THE  LAWS  RELATING  TO  THE  POST-       ^ 
ROADS,  AND  A  CODE  RELATING  TO  MILI 
TARY  OFFENSES,  AND  THE  REVISION 
OF  TREATIES  WITH  THE 
INDIAN  TRIBES  NOW 
IN  FORCE." 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE 
1873. 


/273 


A  COMPILATION  OF  ALL  THE  TREATIES  BETWEEN 
THE  UNITED  STATES  AND  THE  INDIAN  TRIBES 
NOW  IN  FORCE  AS  LAWS. 


APPALACHICOLAS. 


Treaty  with  the  Appalachicola  Band. 

3  The  undersigned  chiefs,  for  and  in  behalf  of  themselves  and 

4  warriors,  surrender  to  the  United  States,  all  their  right,  title, 

5  and  interest  to  a  reservation  of  land  made  for  their  benefit,  in 
G  the  additional  article  of  the  treaty,  concluded  at  Camp  Moultrie, 
1  in  the  Territory  of  Florida,  on  the  18th  of  September,  eighteen 

8  hundred  and  twenty- three,  and  which  is  described  in  said  arti- 

9  cle,  "  as  commencing  on  the  Appalachicola,  one  mile  below  Tuski 

10  Hajo's  improvements,  running  up  said  river  four  miles,  thence 

11  west  two  miles,  thence  southerly  to  a  point  due  west  of  the 

12  beginning,  thence  east  to  the  beginning  point,"  and  agree  to 

13  remove  with  their  warriors  and  families,  now  occupying  said 

14  reservation,  and  amounting  in  all  to  (256)  two  hundred  and  fifty  - 

15  six  souls,  to  the  west  of  the  Mississippi  Elver,  beyond  the  limits 

16  of  the  States  and  Territories  of  the  United  States  of  America. 

17  ARTICLE  2.  For  and  in  consideration  of  said  surrender,  and 

18  to  meet  the  charges  of  a  party  to  explore  immediately  the  coun- 

19  try  west  in  search  of  a  home  more  suitable  to  their  habits  than 

20  the  one  at  present  occupied,  and  in  full  compensation  for  all  the 

21  expenses  of  emigration,  and  subsistence  for  themselves  and 

22  party,  the  United  States  agree  to  pay  to  the  undersigned  chiefs, 

23  and  their  warriors,  thirteen  thousand  dollars;  three  thousand 

24  dollars  in  cash,  the  receipt  of  which  is  herewith  acknowledged, 

25  and  ten  thousand  dollars  whenever  they  have  completed  their 

26  arrangements,  and  have  commenced  the  removal  of  their  whole 

27  party. 

28  ARTICLE  3.  The  undersigned  chiefs,  with  their  warriors  and 

29  families,  will  evacuate  the  reservation  of  land,  surrendered  by 

30  the  first  article  of  this  agreement,  on  or  before  the  first  of  Ko- 

31  vember,  eighteen  hundred  and  thirty-three ;  but  should  unavoid- 

32  able  circumstances  prevent  the  conclusion  of  the  necessary  pre- 
33  paratory  arrangements  by  that  time,  it  is  expected  that  the  in- 


34  diligence  of  the  government  of  the  United  States  will  be  rea- 

35  sonably  extended  for  a  term,  not  to  exceed,  however,  another  year. 
30  ARTICLE  4.  The  United  States  farther  stipulate  to  continue 

37  to  Blunt  and  Davy,  (formerly  Tuski  Hajo,  deceased,)  the  chiefs 

38  of  the  towns  now  consenting  to  emigrate,  their  proportion  of 

39  the  annuity  of  five  thousand  dollars  which  they  at  present  draw, 

40  and  to  which  they  are  entitled  under  the  treaty  of  Camp  Moul- 

41  trie,  so  long  as  they  remain  in  the  Territory  of  Florida,  and  to 

42  advance  their  proportional  amount  of  the  said  annuity  for  the 

43  balance  of  the  term  stipulated  for  its  payment  in  the  treaty 

44  aforesaid,  whenever  they  remove  in  compliance  of  the  terms  of 

45  this  agreement. 

46  Proclaimed  February  13,  1833. 

47  Treaty  with  the  Appalachlcola  land. 

48  The  undersigned  chiefs,  for  and  in  behalf  of  themselves  and 

49  warriors,  voluntarily  relinquish  all  the  privileges  to  which  they 

50  are  entitled  as  parties  to  a  treaty  concluded  at  Camp  Moultrie 

51  on  the  18th  of  September,  1823,  and  surrender  to  the  United 

52  States  all  their  right,  title,  and  interest  to  a  reservation  of  land 

53  made  for  their  benefit  in  the  additional  article  of  the  said  treaty, 

54  and  which  is  described  in  the  said  article  as  commencing  "  on 

55  the  Appalachicola,  at  a  point  to  include  Yellow  Hare's  improve- 
50  ments  $  thence  up  said  river  four  miles  5  thence  west  one  mile  ; 

57  thence  southerly  to  a  point  one  mile  west  of  the  beginning ;  and 

58  thence  east  to  the  beginning  point." 

59  ARTICLE  2.  For  and  in  consideration  of  said  cession  the 

60  U.   States  agree  to  grant,   and  to  convey  in  three   (3)   years 

61  by  patent  to  Mulatto  King  or  Yacapasacy,  and  to  Tustenuggy 

62  Hajo,  head  chief  of  Ematlochees  town,  for  the  benefit  of  thern- 

63  selves,  sub-chiefs,  and  warriors,  a  section  and  a  half  of  land  to 

64  each,  or  contiguous  quarter  and  fractional  sections  containing  a 

65  like  quantity  of  acres,  to  be  laid  off  hereafter  under  the  direc- 

66  tion   of  the  President   of  the   U.  States,  so    as   to    embrace 

67  the  said  chiefs'  fields  and  improvements,  after  the  lauds  shall 

68  have  been  surveyed,  and  the  boundaries  to  correspond  with  the 

69  public  surveys,  it  being  understood  that  the  aforesaid  chiefs 

0  may,  with  the  consent  and  under  the  advisement  of  the  executive 

1  of  the  Territory  of  Florida,. at  any  time  previous  to  the  expi- 

2  ration  of  the  above  three  years,  dispose  of  the  said  sections  of 

3  land,  and  migrate  to  a  country  of  their  choice;  but  that  should 

4  they  remain  on   their  lands  the  U.   States  will,   so  soon   as 

75  Blunt's  band  and  the  Seminoles  generally  have  migrated  under 

76  the  stipulations  of  the  treaties  concluded  with  them,  withdraw 

77  the  immediate  protection  hitherto  extended  to  the  aforesaid 


5 

78  chiefs  arid  warriors,  and  that  they  thereafter  become  subject  to 

79  the  government  and  laws  of  the  Territory  of  Florida. 

80  ARTICLE  3.  The  U.  States  stipulate  to  continue  to  Mulatto 

81  King  and  Tustenuggy  Hadjo,  their  sub-chiefs  and  warriors,  their 

82  proportion  of  the  annuity  of  (5,000)  five  thousand  dollars  to  which 

83  they  are  entitled  under  the  treaty  of  Canip  Moultrie,  so  long  as 

84  the  Semiuoles  remain  in  the  Territory,  and  to  advance  their 

85  proportional  amount  of  the  said  annuity  for  the  balance  of  the 

86  term  stipulated  for  its  payment  in  the  treaty  aforesaid,  whenever 

87  the  Seminoles  finally  remove  in  compliance  with  the  terms  of  the 

88  treaty  concluded  at  Payne's  Landing  on  9th  May,  1832. 

89  ARTICLE  4.  If  at  any  time  hereafter  the  chiefs  and  warriors, 

90  parties  to  this  agreement,  should  feel  disposed  to  migrate  from 

91  the  Territory  of  Florida  to  the  country  allotted  to  the  Creeks 

92  and  Seminoles  in  Arkansas,  should  they  elect  to  sell  their  grants 

93  of  land  as  provided  for  in  the  first  article  of  this  treaty,  they 

94  must  defray  from  the  proceeds  of  the  sales  of  said  land,  or  from 

95  their  private  resources  all  the  expenses  of  their  migration,  sub- 
90  sisteuce,  &c. — but  if  they  prefer  they  may,  by  surrendering  to 

97  the  U.  States  all  the  rights  and  privileges  acquired  under  the 

98  provisions  of  this  agreement,  become  parties  to  the  obligations, 

99  provisions,  and  stipulations  of  the  treaty  concluded  at  Payne's 
100  Landing  with  the  Seminoles  on  the  9th  of  May,  1832,  as  a  coii- 
10  L  stituent  part  of  said  tribe,  and  re-unite  with  said  tribe  in  their 

102  new  abode  on  the  Arkansas.    The  U.  States,  in  that  event, 

103  agreeing  to  pay  (3.000)  three  thousand  dollars  for  the  reserva- 

104  tion  relinquished  in  the  first  article  of  this  treaty,  in  addition  to 

105  the  rights  and  immunities  the  parties  may  acquire  under  the 

106  aforesaid  treaty  at  Payne's  Lauding. 
107*  Proclaimed  April  12,  1834. 

108  Relinquixliment,  In/  certain  chiefs,   of  land  referred  In/  Hie  treaty 

109  of  ISth  Sept.,  1823. 

110  The  undersigned  chiefs,  for  and  in  behalf  of  themselves  and 

111  warriors,  voluntarily  relinquish  all  the  privileges  to  which  they 

112  are  entitled,  as  parties  to  a  treaty  concluded  at  Camp  Moultrie,  on 

113  the  18th  of  September,  1823,  and  surrender  to  the  United  States 

114  all  their  right,  title,  and  interest  to  a  reservation  of  land  made  for 

115  their  benefit  in  the  additional  article  of  the  said  treaty,  and  which 

116  is  described  in  said  article  as  "  commencing  on  the  Chattahoochie, 

117  one  mile  below  Econchatimico's  house ;  thence  up  said  river 

118  four  miles  j  thence  one  mile  west  ;  thence  southerly  to  a  point  one 

119  mile  west  of  the  beginning ;  thence  east  to  the  beginning  point/' 

120  ARTICLE  2.  For  and  in  consideration  of  said  cession,  the 

121  U.   States  agree   to   grant  and  to  convey  in  three  (3)  years. 


122  by  patent,  to  Ecoucliatimico,  for  the  benefit  of  himself,  sub- 

123  chiefs,  and  warriors,  three  sections  of  land,  (or  contiguous  quar- 

124  ter  and  fractional  sections  containing  a  like  quantity  of  acres,) 

125  to  be  laid  off  hereafter  under  the  direction  of  the  President  of 

126  the  IT.   States,  so  as  to  embrace  the  said  chiefs'  fields,  iui 

127  provements,  &c.,  after  the  lands  shall  have  been  surveyed,  and 

128  the  boundaries  to  correspond  with  the  public  surveys  ;  it  being 

129  understood  that  the  aforesaid  chief  may,  with  the  consent  and 

130  under  the  advisement  of  the  execute  of  the  Territory  of  Flor 

131  ida,  at  any  time  previous  to  the  expiration  of  the  above  three 

132  years,   dispose  of  the   said  sections  of  land,  and   migrate  to  a 

133  country  of  their  choice  ;  but  that,  should  they  remain  on  their 

134  lands,  the  U.   States   will,  so   soon   as  Blunts  band  arid  the 

135  Seminoles  generally  have  migrated  under  the  stipulations  of 

136  the  treaty  concluded  with  them,  withdraw  the  immediate  pro- 

137  tection  hitherto  extended  to  the  aforesaid  chief,  his  sub-chiefs, 

138  and  warriors,  and  that  they  thereafter  become  subject  to  the 

139  government  and  laws  of  the  Territory  of  Florida, 

140  ARTICLE  3.  The  United   States    stipulate  to  continue   to 

141  Ecouchatimico,  his  sub-chiefs  and  warriors,  their  proportion  ot 

142  the  annuity  of  (5,000)  five  thousand  dollars  to  which  they  are  en- 

143  titled  under  the  treaty  of  Camp  Moultrie,  so  long  as  the  Semi- 

144  noles  remain  in  the  Territory,  and  to  advance  their  proportional 

145  amount  of  said  annuity  for  the  balance  of  the  term   stipulated 

146  for  its  payment  in  the  treaty  aforesaid,  whenever  the  Semiuoles 

147  finally  remove  in  compliance  with  the  terms  of  the  treaty  con- 

148  eluded  at  Payne's  Landing  on  9th  May,  1832. 

149  ARTICLE   4.  If,    at    any   time    hereafter,  the    chiefs   and 

150  warriors,  parties  to  this  agreement,  should  feel  disposed  to  mi- 

151  grate  from  the  Territory  of  Florida  to  the  country  allotted  to  the 

152  Creeks  and  Seminoles  in  Arkansas ;  should  they  elect  to   sell 

153  their  grants  of  land  as  provided  for  in  the  first  article  of  this 

154  treaty,  they  must  defray  from  the  proceeds  of  the  sales  of  said 

155  land,  or  from  their  private  resources,  all  the  expenses  of  their 

156  migration,  subsistence,  &c.     But,  if  they  prefer,  they  may,  by 

157  surrendering  to  the  IT.   States  all  the  rights   and  privileges 

158  acquired  under  the  provisions  of  this  agreement,  become  parties 

159  to  the  obligations,  provisions,  and  stipulations  of  the  treaty  con- 

160  eluded  at  Payne's  Landing  with  the  Seminoles  on  the  9th  May, 

161  1832,  as  a  constituent  part  of  said  tribe,  and  re- unite  with  said 

162  tribe  in  their  new  abode  on  the  Arkansas,  the  United  States  in 

163  that  event  agreeing  to  pay  (3,000)  three  thousand  dollars  for  the 

164  reservation  relinquished  in  the  first  article  of  this  treaty  ;  in  ad- 

165  dition  to  the  rights  and  immunities  the  parties  may  acquire 

166  under  the  aforesaid  treaty  at  Payne's  Landing. 


167  BLAOKFOOT. 

168  FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 

169  to  all  persons  to  whom  these  presents  shall  come,  greeting : 

1 70  Whereas  a  treaty  was  made  and  concluded  at  the  council- 

171  ground  on  the   Upper  Missouri,  near  the  mouth  of  the  Judith 

172  River,  in  the  Territory  of  Nebraska,  on  the  seventeenth  day  of 

173  October,  in  the  year  one  thousand  eight  hundred  and  fifty-five,  be- 

174  tween  A.  Gumming  and  Isaac  I.  Stevens,  commissioners  on  the 

175  part  of  the  United  States,  and  the  Blackfoot  and  other  tribes 

176  of  Indians,  which  treaty  is  in  the  words  and  figures  following, 

177  to  wit : 

178  Articles  of  agreement  and  convention  made  and  concluded  at 

179  the  council-ground  on  the  Upper  Missouri,  near  the  mouth  of  the 

1 80  Judith  River,  in  the  Territory  of  Nebraska,  this  seventeenth  day 

181  of  Ootober,  in  the  year  one  thousand  eight  hundred  and  fifty  - 

182  five,  by  and  between  A.  Gumming  and  Isaac  I.  Stevens,  commis- 

183  sioners  duly  appointed  and  authorized,  on  the  part  of  the  United 

184  States,  and  the  undersigned  chiefs,  headmen,  and  delegates  of 

185  the  following  nations  and  tribes  of  Indians,  who  occupy,  for  the 

186  purposes  of  hunting,  the  territory  on  the  Upper  Missouri  and 

187  Yellowstone  Rivers,  and  who  have  permanent  homes,  as  follows : 

188  East  of  the  Rocky  Mountains,  the  Blackfoot  Nation,  consisting  of 

189  the  Piegan,  Blood,  Blackfoot,  and  Gros  Yentres  tribes  of  Indians ; 

190  west  of  the  Rocky  Mountains,  the  Flathead  Nation,  consisting 

191  of  the  Flathead,  Upper  Pend  d'Oreille,  and  Kootenay  tribes  of 

192  Indians,  and  the  Nez  Perce  tribe  of  Indians,  the  said  chiefs, 

193  headmen,  and  delegates,  in  behalf  of  and  acting  for  said  nations 

194  and  tribes,  and  being  duly  authorized  thereto  by  them. 

195  ARTICLE  1.  Peace,  friendship,  and  amity  shall  hereafter  exist 

196  between  the  United  States  and  the  aforesaid  nations  and  tribes 

197  of  Indians,  parties  to  this  treaty,  and  the  same  shall  be  per- 

198  petual. 

199'  ARTICLE  2.  The  aforesaid  nations  and  tribes  of  Indians,  par- 

200  ties  to  this  treaty,  do  hereby  jointly  and  severally  covenant  that 

201  peaceful  relations  shall  likewise  be  maintained  among  themselves 

202  in  future ;  and  that  they  will  abstain  from  all  hostilities  whatso- 

203  ever  against  each  other,  and  cultivate  mutual  good-will  and 

204  friendship.     And  the  nations  and  tribes  aforesaid  do  further- 

205  more  jointly  and  severally  covenant,  that  peaceful  relations  shall 

206  be  maintained  with  and  that  they  will  abstain  from  all  hostilities 

207  whatsoever,  excepting  in  self-defense,   against  the  following- 

208  named  nations  and  tribes  of  Indians,  to  wit :  the  Crows,  Assiue- 

209  boins,  Grees,  Snakes,  Blaekfeet,  Sans  Arcs,  and  Aunce-pa-pas 

210  bands  of  Sioux,  and  all  other  neighboring  nations  and  tribes  of 

211  Indians. 


8 

212  ARTICLE  3.  The  Blackfoot  Nation  consent  and  agree  that  all 

213  that  portion  of  the  country  recognized  and  denned  by  the  treaty 

214  of  Laramie  as  Blackfoot  territory,  lying  within  lines  drawn  from 

215  the  Hell  Gate  or  Medicine  Bock  Passes  in  the  main  range  of  the 
216-  Kocky  Mountains,  in  an  easterly  direction  to  the  nearest  source 

217  of  the  Muscle  Shell  River,  thence  to  the  mouth  of  Twenty-five 

218  Yard  Creek,  thence  up  the  Yellowstone  River  to  its  northern 

219  source,  and  thence  along  the  main  range  of  the  Rocky  Mountains, 

220  iii  a  northerly  direction,  to  the  point  of  beginning,  shall  be  a  com- 

221  inon  hunting-ground  for  ninety -nine  years,  where  all  the  nations, 

222  tribes,  and  bands  of  Indians,  parties  to  this  treaty,  may  eiijoy 

223  equal  and  uninterrupted  privileges  of  hunting,  fishing,  and  gath- 

224  ering  fruit,  grazing  animals,  curing  meat,  and  dressing  robes, 

225  They  further  agree  that  they  will  not  establish  villages,  or  in  any 

226  other  way  exercise  exclusive  rights  within  ten  miles  of  the  north  - 

227  ern  line  of  the  common  hunting-ground,  and  that  the  parties  to 

228  this  treaty  may  hunt  on  said  northern  boundary  line  and  within 
221)  ten  miles  thereof. 

230  Provided,  That  the  western  Indians,  parties  to  this  treaty, 

231  may  hunt  on  the  trail  leading  down  the  Muscle  Shell  to  the  Yel- 

232  lowstone ;  the  Muscle  Shell  River  being  the  boundary  separating 

233  the  Blackfoot  from  the  Crow  territory. 

234  And  provided,  That  no  nation,  band,  or  tribe  of  Indians,  par- 

235  ties  to  this  treaty,  nor  any  other  Indians,  shall  be  permitted  to 

236  establish  permanent  settlements,  or  in  any  other  way  exercise, 

237  during  the  period  above  mentioned,  exclusive  rights  or  privileges 

238  within  the  limits  of  the  above-described  hunting-ground. 

239  And  provided  further,  That  the  rights  of  the  western  Indians 

240  to  a  whole  or  a  part  of  the  common  hunting-ground,  derived 

241  from  occupancy  and  possession,  shall  not  be  affected  by  this  ar- 

242  tide,  except  so  far  as  said  rights  may  be  determined  by  the 

243  treaty  of  Laramie. 

244  ARTICLE  4.  The  parties  to  this  treaty  agree  and  consent, 

245  that  the  tract  of  country  lying  within  lines  drawn  from  the  Hell 

246  Gate  or  Medicine  Rock  Passes,  in  an  easterly  direction,  to  the 

247  nearest   source  of  the  Muscle  Shell  River,  thence  down  said 

248  river  to  its  mouth,  thence  down  the  channel  of  the  Missouri 

249  River  to  the  mouth  of  Milk  River,  thence  due  north  to  the  forty  - 

250  ninth  parallel,  thence  due  west  on  said  parallel  to  the  main 

251  range  of  the  Rooky  Mountains,  and  thence  southerly  along  said 

252  range  to  the  place  of  beginning,  shall  be  the  territory  of  the 

253  Blackfoot  Nation,  over  which  said  nation  shall  exercise  exclu- 

254  give  control,  excepting  as  may  be  otherwise  provided  in  this 

255  treaty.    Subject,  however,  to  the  provisions  of  the  third  article 

256  of  this  treaty,  giving  the  right  to  hunt,  and  prohibiting  the  es- 

257  tablishment  of  permanent  villages  and  the  exercise  of  any  ex- 


258  elusive  rights  within  ten  miles  of  the  northern  line  of  the  com- 

259  inon  him  ting- ground,  drawn  from  the  nearest  source  of  the 

260  Muscle  Shell  River  to  the  Medicine  Hock  Passes,  for  the  period 

261  of  ninety-nine  years  : 

262  Provided  also,  That  the  Assiniboins  shall  have  the  right  of 

263  hunting,  in  common  with  the  Blackfeet,  in  the  country  lying 

264  between  the  aforesaid  eastern  boundary  line,  running  from  the 

265  mouth  of  Milk  Eiver  to  the  forty-ninth  parallel,  and  a  line 

266  drawn  from  the  left  bank  of   the  Missouri  Eiver,   opposite 

267  the  Round  Butte,  north,  to  the  forty-ninth  parallel. 

268  ARTICLE  5.  The  parties  to  this  treaty,  residing  west  of  the 

269  main  range  of  the  Rocky  Mountains,  agree  and  consent  that 

270  they  will  not  enter  the  common  hunting-ground,  nor  any  part  of 

271  the  Black  foot  territory,  or  return  home,  by  any  pass  in  the 

272  main  range  of  the  Rocky  Mountains  to  the  north  of  the  Hell 

273  Gate  or  Medicine  Rock  Passes.     And  they  further  agree  that 

274  they  will  not  hunt  or  otherwise  disturb  the  game,  when  visiting 

275  the  Blackfoot  territory  for  trade  or  social  intercourse. 

276  ARTICLE  6.  The  aforesaid  nations  and  tribes  of  Indians, 

277  parties  to  this  treaty,  agree  and  consent  to  remain  within  their 

278  own  respective  countries,   except  when  going  to  or  from,  or 

279  whilst  hunting  upon,  the  a  common  hunting-ground,"  or  when 

280  visiting  each   other  for  the  purpose  of  trade  or  social  inter- 

281  course. 

282  ARTICLE  7.  The  aforesaid  nations  and  tribes  of  Indians  agree 

283  that  citizens  of  the  United  States  may  live  in  and  pass  un- 

284  molested    through    the  countries    respectively    occupied    and 

285  claimed  by  them.    And  the  United  States  is  hereby  bound  to 

286  protect  said  Indians  against  depredations  and  other  unlawful 

287  acts  which  white  men  residing  in  or  passing  through   their 

288  country  may  commit. 

289  ARTICLE  8.    For  the  purpose  of  establishing  travelling 

290  thoroughfares  through  their  country,  and  the  better  to  enable 

291  the  President  to  execute  the  provisions  of  this  treaty,  the  afore- 

292  said  nations  and  tribes  do  hereby  consent  and  agree,  that  the 

293  United  States  may,  within  the  countries  respectively  occupied 

294  and  claimed  by  them,  construct  roads  of  every  description ; 

295  establish  lines  of  telegraph  and  military  posts  ;  use  materials  of 

296  every  description  found  in  the  Indian  country ;  build  houses 

297  for  agencies,  missions,  schools,  farms,  shops,  mills,  stations,  and 

298  for  any  other  purpose  for  which  they  may  be  required,  and  per- 

299  manently  occupy  as  much  land  as  may  be  necessary  for  the 

300  various  purposes  above  enumerated,  including  the  use  of  wood 

301  for  fuel   and  land  for  grazing,  and  that  the  navigation  of  all 

302  lakes  and  streams  shall  be  forever  free  to  citizens  of  the  United 

303  States. 

2  i  T 


10 

304  ARTICLE  9.  in  coiisi deration  of  fehe  foregoing  agreements, 

305  stipulations,  and  cessions,  and  on  condition  of  their  faithful  ob- 

306  servauce,  the  United  States  agree  to  expend,  annually,  for  the 

307  Tiegan,  Blood,  Blackfoot,  and  Gros  Ventres  tribes  of  Indians, 

308  constituting  the  Blackfoot  Nation,  in  addition  to  the  goods  and 

309  provisions  distributed  at  the  time  of  signing  this  treaty,  twenty 

310  thousand  dollars,  annually,  for  ten  years,  to  be  expended  in  such 

311  useful  goods  and  provisions,  and  other  articles,  as  the  Presi- 

312  dent,  at  his  discretion,  may  from  time  to  time  determine;  and 

313  the  superintendent,  or  other  proper  officer,  shall  each  year  iu- 

314  form  the  President  of  the  wishes  of  the  Indians  in  relation  there- 

315  to :  Provided,  however,  That  if,  in  the  judgment  of  the  President 

316  and  Senate,  this  amount  be  deemed  insufficient,  it  may  be  in- 

31 7  creased -not  to  exceed  the  sum  of  thirty- five  thousand  dollars  per 

318  year. 

319  ARTICLE  10.  The  United  States  further  agree  to  expend  an- 

320  uually,  for  the  benefit  of  the  aforesaid  tribes  of  the  Blackfoot 

321  Nation,  a  sum  not  exceeding  fifteen  thousand  dollars  annually, 

322  for  ten  years,  in  establishing  and  instructing  them  in   agricul- 

323  tural  and  mechanical  pursuits,  and  in  educating  their  children, 

324  and  in  any  other  respect  promoting  their  civilization  and  Chris- 

325  tianization  :  Provided,  however,  That  to  accomplish  the  objects 

326  of  this  article,  the  President  may,  at  his  discretion,  apply  any 

327  or  all  the  annuities  provided  for  in  this  treaty:  And  provided, 

328  also.  That  the  President  may,  at  his  discrestion,  determine  in 

329  what  proportions  the  said  annuities  shall  be  divided  among  the 

330  several  tribes. 

331  ARTICLE  11.  The  aforesaid  tribes  acknowledge  their  depend- 

332  ence  on  the  Government  of  the  United  States,  and  promise  to 

333  be  friendly  with  all  citizens  thereof,  and  to  commit  no  depre- 

334  dations  or  other  violence  upon  such  citizens.    And  should  any 

335  one  or  more  violate  this  pledge,  and  the  fact  be  proved  to  the 

336  satisfaction  of  the  President,  the  property  taken  shall  be  re- 

337  turned,  or,  in  default  thereof,  or  if  injured  or  destroyed,  corn- 

338  pensation  may  be  made  by  the  Government  out  of  the  annuities. 

339  The  aforesaid  tribes  are  hereby  bound  to  deliver  such  offenders 

340  to  the  proper  authorities  for  trial  and  punishment,  and  are  held 

341  responsible,  in  their  tribal  capacity,  to  make  reparation  for  dep- 

342  redations  so  committed. 

Nor  will  they  make  war  upon  any  other  tribes  except  in  self- 

344  defense,  but  will  submit  all  matter  of  difference,  between  them- 

345  selves  and  other  Indians,  to  the  Government  of  the   United 

346  States,  through  its  agent,  for  adjustment,  and  will  abide  thereby. 
*47  And  if  any  of  the  said  Indians,  parties  to   this  treaty,  commit 

depredations  on  any  other  Indians  within  the  j urisdiction  of  the 
United  States,  the  same  rule  shall  prevail  as  that  prescribed  in 


11 

350  this  article  in  case  of  depredations  against  citizens.    And  the 

351  said  tribes  agree  not  to  shelter  or  conceal  offenders  against  the 

352  laws  of  the  United  States,  but  to  deliver  them  up  to  the  author- 

353  ities  for  trial. 

354  ARTICLE  12.  It  is  agreed  and  understood,  by  and  between 

355  the  parties  to  this  treaty,  that  if  any  nation  or  tribe  of  Indians 

356  aforesaid  shall  violate  any  of  the  agreements,  obligations,  or 

357  stipulations,  herein  contained,  the  United  States  may  withhold, 

358  for  such  length  of  time  as  the  President  and  Congress  may  de- 

359  terinine,  any  portion  or  all  of  the  annuities  agreed  to  be  paid  to 

360  said  nation  or  tribe  under  the  ninth  and  tenth  articles  of  this 

361  treaty. 

362  ARTICLE  13.  The  nations  and  tribes  of  Indians,  parties  to 

363  this  treaty,  desire  to  exclude  from  their  country  the  use  of  ardent 

364  spirits  or  other  intoxicating  liquor,  and  to  prevent  their  people 

365  from  drinking  the  same.    Therefore  it  is  provided,  that  any 

366  Indian  belonging  to  said  tribes  who  is  guilty  of  bringing  such 

367  liquor  into  the  Indian  country,  or  who  drinks  liquor,  may  have 

368  his  or  her  proportion  of  the  annuities  withheld  from  him  or  her, 

369  for  such  time  as  the  President  may  determine. 

370  ARTICLE  14.  The  aforesaid  nations  and  tribes  of  Indians, 

371  west-of  the  Eocky  Mountains,  parties  to  this  treaty,  do  agree,  in 

372  consideration  of  the  provisions  already  made  for  them  in  existing 

373  treaties,  to  accept  the  guarantees  of  the  peaceful  occupation  of 

374  their  hunting-grounds,  east  of  the  Eocky  Mountains,  and  of  re- 

375  muneration  for  depredations  made  by  the  other  tribes,  pledged 

376  to  be  secured  to  them  in  this  treaty  out  of  the  annuities  of  said 

377  tribes,  in  full  compensation  for  the  concessions  which  they,  in 

378  common  with  the  said  tribes,  have  made  in  this  treaty. 

379  The  Indians  east  of  the  mountains,  parties  to  this  treaty, 

380  likewise  recognize  and  accept  the  guarantees  of  this  treaty,  in  ful  1 

381  compensation  for  the  injuries  or  depredations  which  have  been, 

382  or  may  be  committed  by  the  aforesaid  tribes,  west  of  the  Eocky 

383  Mountains. 

384  ARTICLE  15.  The  annuities  of  the  aforesaid  tribes  shall  not 

385  be  taken  to  pay  the  debts  of  individuals. 

386  ARTICLE  16.  This  treaty  shall  be  obligatory  upon  the  afore- 

387  said  nations  and  tribes  of  Indians,  parties  hereto,  from  the  date 

388  hereof,  and  upon  the  United  States  as  soon  as  the  same  shall  be 

389  ratified  by  the  President  and  Senate. 

390  Proclaimed  25th  April,  1856. 

391  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

392  to  all  and  singular  to  whom  these  presents  shall  come, 

393  greeting  : 

394  Whereas  a  treaty  was  made  and  concluded  at  Fort  Sully,  in 


12 

395  the  Territory  of  Dakota,  on  the  nineteenth  day  of  October,  iu 

396  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty-five, 

397  by  and  between  Newton  Edmunds,  Edward  B.  Taylor,  Major- 

398  General  S.  R.  Curtis,  Brigadier-General  H.  H.  Sibley,  Henry  W. 

399  Reed,  and  Orrin  Guernsey,  commissioners,  on  the  part  of  the 

400  United  States,  and  Wah-hah-chuuk-i-ah-pee,  (The  one  that  is 

401  used  as  a  Shield,)  Wah-mun-dee-wak-ko-no,  (The  War  Eagle  in 

402  the  Air,)  and  other  chiefs  and  headmen  of  the  Blackfeet  band 

403  of  Dakota  or  Sioux  Indians,  on  the  part  of  said  band  of  Indians, 

404  and  duly  authorized  thereto  by  them,  which  treaty  is  in  the 

405  words  and  figures  following,  to  wit : 

40G  Articles  of  a  treaty  made  and  concluded  at  Fort  Sully,  in  the 

407  Territory  of  Dakota,  by  and  between  Newton  Edmunds,  gov- 

408  ernor  and  ex-officio  superintendent  of  Indian  affairs  of  Dakota 

409  Territory,  Edward  B.  Taylor,  superintendent  of  Indian  affairs 

410  for  the  northern  superintendency,  Major-General  S.  R.  Curtis, 

411  Brigadier-General  H.  H.  Sibley,  Henry  W.  Reed,  and  Orrin 

412  Guernsey,  commissioners  on  the  part  of  the  United  States, 

413  duly  appointed  by  the  President,  and  the  undersigned  chiefs 

414  and  headmen  of  the  Blachieet  band  of  Dakota  or  Sioux  In- 

415  dians. 

416  ARTICLE  1.  The  Blackfeet  baud  of  Dakota  or  Sioux  Indians, 

417  represented  in  council,  hereby  acknowledge  themselves  to  be 

418  subject  to  the  exclusive  jurisdiction  and  authority  of  the  United 

419  States,  and  hereby  obligate  and  bind  themselves,  individually 

420  and  collectively,  not  only  to  cease  all  hostilities  against  the  per- 

421  sons  and  property  of  its  citizens,  but  to  use  their  influence,  and, 

422  if  necessary,  physical  force  to  prevent  other  bands  of  the  Dakota 

423  or  Sioux,  or  other  adjacent  tribes,  from  making  hostile  d.einou- 

424  strations  against  the  Government  of  the  United  States,  or  its 

425  people. 

426  ARTICLE  2.  Inasmuch  as  the  Government  of  the   United 

427  States  is  desirous  to  arrest  the  effusion  of  blood  between  the 

428  Indian  tribes  within  its  jurisdiction  hitherto  at  war  with  each 

429  other,  the  Blackfeet  band  of  Dakota  or  Sioux,  represented  in 

430  council,  anxious  to  respect  the  wishes  of  the  Government,  hereby 

431  agree  and  bind  themselves  to  discontinue  for  the  future  all 

432  attacks  upon  the  persons  or  property  of  other  tribes,  unless  first 

433  assailed  by  them,  and  to  use  their  influence  to  promote  peace 

434  everywhere  in  the  region  occupied  or  frequented  by  them. 

435  ARTICLE  3.  All  controversies  or  differences  arising  between 

436  the  Blackfeet  band  of  Dakota  or  Sioux,  represented  in  council, 

437  and  other  tribes  of  Indians,  involving  the  question  of  peace  or 

438  war,  shall  be  submitted  for  the  arbitrament  of  the  President,  or 

439  such  person  or  persons  as  may  be  designated  by  him,  and  the 


13 

440  decision  or  award  faithfully  observed  by  the  said  band  repre- 

441  sented  in  council. 

442  ARTICLE  4.  The  said  band,  represented  in  council,  shall  with- 

443  draw  from  the  routes  overland,  already  established  or  hereafter 

444  to  be  established,  through  their  country,  and  in  consideration 

445  thereof  the  Government  of  the  United  States  agree  to  pay  to 

446  the  said  band  the  sum  of  seven  thousand  dollars  annually,  for 

447  twenty  years,  in  such  articles  as  the  Secretary  of  the  Interior 

448  may  direct:  Provided,  That  said  baud,  so  represented  in  council, 

449  shall  faithfully  conform  to  the  requirements  of  this  treaty. 

450  ARTICLE  5.  Any  amendment  or  modification  of  this  treaty 

451  by  the  Senate  of  the  United  States  shall  be  considered  final  and 

452  binding  upon  the  said  band  represented  in  council,  as  a  part  of 

453  this  treaty,  in  the  same  manner  as  if  it  had  been  subsequently 

454  presented  and  agreed  to  by  the  chiefs  and  headmen  of  said 

455  nation. 

456  Proclaimed  17  March,  1866. 


457  BELANTSE-ETOA . 

458  Treaty ;  with  the  Belantse-etoa  or  Minnetsaree  Tribe. 

459  Whereas  acts  of  hostility  have  been  committed,  by  some 

460  restless  men  of  the  Belantse-etea  or  Minnetaree  tribe  of  Indians, 

461  upon  some  of  the  citizens  of  the  United  States:  Therefore,  to 

462  put  a  stop  to  any  further  outrages  of  the  sort,  and  to  establish 

463  a  more  friendly  understanding  between  the  United  States  and  the 

464  said  Belantse-etea  or  Minnetaree  tribe,  the  President  of  the 

465  United   States,   by  Henry  Atkinson,  brigadier-general  of  the 

466  United  States  Army,   and  Major  Benjamin  O'Fallon,   Indian 

467  agent,  commissioners  duly  appointed  and  commissioned  to  treat 

468  with  the  Indian  tribes  beyond  the  Mississippi  Biver.  forgive  the 

469  offences  which  have  been  committed,  the  chiefs   and  warriors 

470  having  first  made  satisfactory  explanations  touching  the  same. 

471  And,  for  the  purpose  of  removing  all  future  cause  of  misuuder- 

472  standing,  as  respects  trade  and  friendly  intercourse,  between  the 

473  parties,  the  above-named  commissioners,  on  the  part  of  the  United 

474  States,  and  the  undersigned  chiefs  and  warriors  of  the  Belantse. 

475  etea  or  Minnetaree  tribe  of  Indians,  on  the  part  of  said  tribe, 

476  have  made  and  entered  into  the  following  articles  and  condi- 

477  tions;  which,    when  ratified  by  the  President  of  the  United 

478  States,  by  and  with  the  ackice  and  consent  of  the  Senate,  shall 
•479  be  binding  to  both  parties,  to  wit : 

480  ARTICLE  1.  Henceforth  there  shall  be  a  firm  and  lasting 

481  peace  between  the  United  States  and  the  Belantse-etea  or  Miii- 

482  uetaree  tribe  of  Indians;  and  a  friendly  intercourse  shall  imme- 

483  diately  take  place  between  the  parties. 


14 

484  ARTICLE  2.  It  is  admitted  by  the  Belantse-etea  or  Minne- 

485  taree  tribe  of  Indians,  that  they  reside  within  the  territorial 

486  limits  of  the  United  States,  acknowledge  their  supremacy,  and 

487  claim  their  protection.    The  said  tribe  also  admit  the  right  of 

488  the  United  States  to  regulate  all  trade  and  intercourse  with 

489  them. 

490  ARTICLE  3.  The  United  States  agree  to  receive  the  Belantse. 

491  etea  or  Miunetaree  tribe  of  Indians  into  their  friendship,  and 

492  under  their  protection,  and  to  extend  to  them,  from  time  to 

493  time,  such  benefits  and  acts  of  kindness  as  may  be  convenient, 

494  and  seem  just  and  proper  to  the  President  of  the  United  States. 

495  ARTICLE  4.  All  trade  and  intercourse  with  the  Belantse-eta 
49G  or  Minnetaree  tribe  shall  be  transacted  at  such  place  or  places 

497  as  may  be  designated  and  pointed  out,  by  the  President  of  the 

498  United  States,  through  his  agents ;    and  none  but  American 

499  citizens,  duly  authorized  by  the  United  States,  shall  be  admitte  d 

500  to  trade  or  hold  intercourse  with  said  tribe  of  Indians. 

501  ARTICLE  5.  That  the  Belantse-eta  or  Minnetaree  tribe  may 

502  be  accommodated  with  such  articles  of  merchandize,  &c.,  as  their 

503  necessities  may  demand,  the  United  States  agree  to  admit  and 

504  licence  traders  to  hold  intercourse  with  said  tribe,  under  mild 

505  and  equitable  regulations :  in  consideration  of  which,  the  Bel- 

506  antse-eta  or  Minuetaree  tribe  bind  themselves  to  extend  protec- 

507  tion  to  the  persons  and  the  property  of  the  traders,  and  the  per- 

508  sons  legally  employed  under  them,  whilst  they  remain  within  the 

509  limits  of  their  district  of  country.    And  the  said  Belantse-eta  or 

510  Minnetaree  tribe  further  agree,  that  if  any  foreigner  or  other 

511  person,  not  legally  authorized  by  the  United  States,  shall  come 

512  into  their  district  of  country,  for  the  purposes  of  trade  or  other 

513  views,  they  will  apprehend  such  person  or  persons,  and  deliver 

514  him  or  them  to  some  United  States  superintendent  or  agent  of 

515  Indian  affairs,  or  to  the  commandant  of  the  nearest  military 

516  post,  to  be  dealt  with  according  to  law.    And  they  further  agree 

517  to  give  safe  conduct  to  all  persons  who  may  be  legally  author- 

518  ized  by  the  United  States  to  reside  temporarily  among  them. 

ARTICLE  6.  That  the  friendship  which  is  now  established 

520  between  the  United  States  and  the  Belantse  eta  or  Minnetaree 

521  tribe  shall  not  be  interrupted  by  the  misconduct  of  individuals, 
it  is  hereby    agreed   that   for    injuries   done  by    individuals 

523  no  private  revenge  or  retaliation  shall  take  place,  but  instead 
thereof  complaints  shall  be  made  by  the  party  injured  to  the 

525  superintendent  or  agent  of  Indian  affairs,  or  other  person  ap- 

126  pointed  by  the  President;  and  it  shall  be  the  duty  of  the  said 

^>27  chiefs,  upon  complaint  being  made  as  aforesaid,  to  deliver  up 
the  person  or  persons  against  whom  the  complaint  is  made,  to 
the  end  that  he  or  they  may  be  punished,  agreeably  to  the  laws 


15 

(   530  of  the  UDited  States.    And,  in  like  manner,  if 'any  robbery, 

531  violence,  or  murder,  shall  be  committed  on  any  Indian  or  Indians 

532  belonging  to  said  tribe,  the  person  or  persons  so  offending  shall 

533  be  tried,  and,  if  found  guilty,  shall  be  punished  in  like  manner 

534  as  if  the  injury  had  been  done  to  a  white  man.    And  it  is  agreed 

535  that  the  chiefs  of  the  said  Belantse-eta  or  Minnetaree  tribe  shall, 

536  to  the  utmost  of  their  power,  exert  themselves  to  recover  horses, 

537  or  0ther  property,  which  may  be  stolen  or  taken  from  any  citi- 

538  zen  or  citizens  of  the  United  States  by  any  individual  or  indi- 

539  victuals  of  said  tribe ;  and  the  property  so  recovered  shall  be 

540  forthwith  delivered  to  the  agents  or  other  person  authorized  to 

541  receive  it,  that  it  may  be  restored  to  the  proper  owner.     And 

542  the  United  States  hereby  guarantee  to  any  Indian  or  Indians  of 

543  said  tribe  a  full  indemnification  for  any  horses  or  other  property 

544  which  may  be  stolen  from  them  by  any  of  their  citizens  :  Pro- 

545  vided,  That  the  property  so  stolen  cannot  be  recovered,  and  that 

546  sufficient  proof  is  produced  that  it  was  actually  stolen  by  a  citi- 

547  zen  of  the  United  States.    And  the  said  Belantse-eta  or  Minne- 

548  taree  tribe  engage,  on  the  requisition  or  demand  of -the  President 
540  of  the  United  States,  or  of  the  agents,  to  deliver  up  any  white 

550  man  resident  among  them. 

551  ARTICLE  7.  And  the  chiefs  and  warriors  as  aforesaid  promise 

552  and  engage  that  their  tribe  will  never,  by  sale,  exchange,  or  as 

553  presents,  supply  any  nation,  tribe,  or  band  of  Indians  not  in 

554  amity  with  the  United  States  with  guns,  ammunition,  or  other 

555  implements  of  war. 

556  Proclaimed  Feb'y  6,  1826. 


557  CADDOS. 

558  Articles  of  a:  treaty  made  at  the  agency-house  in  the  Caddo  Nation 

559  and  State  of  Louisiana,  on  the  first  day  of  July,  in  the  year 

560  of  our  Lord  one  thousand  eight  hundred  and  thirty-five,  be- 

561  tween  Jehiel  Brooks,  commissioner  on  the  part  of  the  United 

562  8tates,  and  the  chiefs,  head-men,  and  warriors  of  the  Caddo 

563  Nation  of  Indians. 

564  ARTICLE  1.  The  chiefs,  head-men,  and  warriors  of  the  said 

565  nation  agree  to  cede  and  relinquish  to  the  United  States  all 

566  their  land  contained  in  the  following  boundaries,  to  wit : 

567  Bounded  on  the  west  by  the  north  and  south  line  which 

568  separates  the  said  United  States  from  the  republic  of  Mexico 

569  between  the  Sabiue  and  Bed  Rivers,  wheresoever  the  same  shall 

570  be  denned  and  acknowledged  to  be  by  the  two  governments. 

571  On  the  north  and  east  by  the  Red  River  from  the  point  where 


16 

572  the  said  north  and  south  boundary-line  shall  intersect  the  Red 

573  River,  whether  it  be  in  the  Territory  of  Arkansas  or  the  State  of 

574  Louisiana,  following  the  meanders  of  the  said  river  down  to  its 

575  function  with  the  Pascagoula  Bayou.      On  the  south  by  the 

576  said  Pascagoula  Bayou  to  its  junction  with  the  Bayou  Pierre, 

577  by  said  bayou  to  its  junction  with  Bayou  Wallace,  by  said  bayou 

578  and  Lake  Wallace  to  the  mouth  of  the  Cypress  Bayou,  thence 

579  up  said  bayou  to  the  point  of  its  intersection  with  the  first-meu- 

580  tioned  north  and  south  line,  following  the  meanders  of  the  said 

581  water-courses;  but  if  the  said  Cypress  Bayou  be  not  clearly 

582  definable,  so  far,  then,  from  a  point  which  shall  be  definable  by  a 

583  line  due  west  till  it  intersect  the  said  first-mentioned  north  and 

584  south  boundary-line,  be  the  contents  of  land  within  said  bounda- 

585  ries  more  or  less. 

580  ARTICLE  2.  The  said  chiefs,  head-men,  and  warriors  of  the 

587  said  nation  do  voluntarily  relinquish  their  possession  to  the  ter- 

588  ritory  of  land  aforesaid,  and  promise  to  remove  at  their  own  ex- 

589  pense  out  of  the  boundaries  of  the  United  States  and  the  terri- 

590  tories  belonging  and  appertaining  thereto  within  the  period  of 

591  one  year  from  and  after  the  signing  of  this  treaty,  and  never 

592  more  return  to  live,  settle,  or  establish  themselves  as  a  nation, 

593  tribe,  or  community  of  people  within  the  same. 

594  ARTICLE  3.  In  consideration  of  the  aforesaid  cession,  reliu- 

595  quishment,  and  removal,  it  is  agreed  the  said  United  States  shall 

596  pay  to  the  said  nation  of  Caddo  Indians  the  sums  in  goods, 

597  horses,  and  money  hereinafter  mentioned,  to  wit : 

598  Thirty  thousand  dollars,  to  be  paid  in  goods  and  horses,  as 

599  agreed  upon,  to  be  delivered  on  the  signing  of  this  treaty. 

600  Ten  thousand  dollars  in  money,  to  be  paid  within  one  year 

601  from  the  first  day  of  September  next. 

602  Ten  thousand  dollars  per  annum  in  money  for  the  four  years 

603  next  following,  so  as  to  make  the  whole  sum  paid  and  payable 

604  eighty  thousand  dollars. 

605  ARTICLE  4.  It  is  further  agreed  that  the  said  Caddo  Nation 

606  of  Indians  shall  have  authority  to  appoint  an  agent  or  attorney 

607  in  fact,  resident  within  the  United  States,  for  the  purpose  of  re- 

608  ceiving  for  them  from  the  said  United  States  all  of  the  auuui- 

609  ties  stated  in  this  treaty,  as  the  same  shall  become  due,  to  be 

610  paid  to  their  said  agent  or  attorney  in  fact  at  such  place  or  places 

611  within  the  said  United  States  as  shall  be  agreed  on  between 

612  him  and  the  proper  officer  of  the  Government  of  the  United 

613  States. 

ARTICLE  5.  This  treaty,  after  the  same  shall  have  been  rati- 

>15  fied  and  confirmed  by  the  President  and  Senate  of  the  United 

616  States,  shall  be  binding  on  the  contracting  parties. 

617  ^      Agreeably  to  the  stipulations  in  the  third  article  of  the  treaty, 


17 

618  there  have  been  purchased  at  the  request  of  the  Caddo  Indians, 

619  and  delivered  to  them,  goods  and  horses  to  the  amount  of  thirty 

620  thousand  dollars. 

621  As  evidence  of  the  purchase  and  delivery  as  aforesaid,  under 

622  the  direction  of  the  commissioner,  and  that  the  whole  of  the  same 

623  have  been  received  by  the  said  Indians,  the  said  commissioner, 

624  Jehiel  Brooks,  and  the  undersigned  chiefs  and  head-men  of  the 

625  whole  Caddo  Nation  of  Indians,  have  hereunto  set  their  hands 

626  and  affixed  their  seals  the  third  day  of  July,  in  the  year  of  our 

627  Lord  one  thousand  eight  hundred  and  thirty-five. 


628  Articles  supplementary  to  the  treaty  made  at  the  agency-house  in  the 

629  Caddo  Nation  and  State  of  Louisiana  on  the  first  day  of  July, 

630  one  thousand  eight  hundred  and  thirty-five,  between  Jehiel  Brooks, 

631  commissioner  on  the  part  of  the  United  States,  and  the  chiefs 

632  head-men,  and  icarriors  of  the  Caddo  Nation  of  Indians,  con- 

633  eluded  at  the  same  place  and  on  the  same  day  between  the  said 

634  commissioner  on  the  part  of  the  United  States,  and  the  chief s< 

635  head-men,  and  warriors  of  the  said  Nation  of  Indians,  to  -wit  : 

636  Whereas  the  said  nation  of  Indians  did,  in  the  year  one 

637  thousand  eight  hundred  and  one,  give  to  one  Francois  Grappe  and 

638  to  his  three  sons  then  born  and  still  living,  named  Jacques, 

639  Dominique,  and  Belthazar,  for  reasons  stated  at  the  time  and 

640  repeated  in  a  memorial  which  the  said  nation  addressed  to  the 

641  President  of  the  United  Slates  in  the  month  of  January  last. 

642  one  league  of  land  to  each,  in  accordance  with  the  Spanish  cus- 

643  toni  of  granting  land  to  individuals;  that  the  chiefs  and  head. 

644  men,  with  the  knowledge  and  approbation  of  the  whole  Caddo 

645  people,  did  go  with  the  said  Francois  Grappe,  accompanied  by  a 
046  number  of  white  men,  who  were  invited  by  the  said  chiefs  and 

647  head-men  to  be  present  as  witnesses,  before  the  Spanish  authority 

648  at  Natclritoches,  and  then  and  there  did  declare  their  wishes 

649  touching  the  said  donation  of  land  to  the  said  Grappe  and  his 

650  three  sons,  and  did  request  the  same  to  be  written  out  in  form 

651  and  ratified  and  confirmed  by  the  proper  authorities  agreeably 

652  to  law;  and 

653  Whereas  Larkiu  Edwards  has  resided  for  many  years  to 

654  the  present  time  in  the  Caddo  Nation — was  a  long  time  their  true 

655  and  faithful  interpreter,  and  though  poor  he  has  never  sent  the 

656  red  man  away  from  his  door  hungry.     He  is  now  old  and  unable 

657  to  support  himself  by  manual  labor,  and  since  his  employment 

658  as  their  interpreter  has  ceased,  possesses  no  adequate  means  by 

659  which  to  live :     Now,  therefore, 

000  ARTICLE  1.  It  is  agreed  that  the  legal  representatives  of 

661  the  said  Francois  Grappe,  deceased,  and  his  three  sons,  Jacques, 
3  I  T 


18 

662  Dominique,  and  Belthazar  Grappe,  shall  have  their  right  to  the 

663  said  four  leagues  of  laud  reserved  to  them  and  their  heirs  and 

664  assigns  forever.    The  said  laud  to  be  taken  out  of  the  lands 

665  ceded  to  the  United  States  by  the  said  Gaddo  Nation  of  Indians, 

666  as  expressed  in  the  treaty  to  which  this  article  is  supplementary. 

667  And  the  said  four  leagues  of  land  shall  be  laid  off  in  one  body 

668  in  the  southeast  corner  of  their  lands  ceded  as  aforesaid,  and 

669  bounded  by  the  Eed  Itiver  four  leagues,  and  by  the  Pascagoula 

070  Bayou  oue  league,  runniug  back  for  quantity  from  each,  so  as  to 

071  contain  four  square  leagues  of  land,  in   conformity  with  the 

072  boundaries  established  and  expressed  in  the  original  deed  of  gift 

073  made  by  the  said  Caddo  Nation  of  Indians  to  the  said  Francois 

074  Grappe  and  his  three  sons,  Jacques,  Dominique,  and  Belthazar 

075  Grappe. 

070  ARTTCLE  2.  And  it  is  further  agreed  that  there  shall  be 

077  reserved  to  Larkiii  Edwards,  his  heirs  and  assigns,  forever,  one 

078  section  of  laud,  to  be  selected  out  of  the  lands  ceded  to  the 

079  United  States  by  the  said  nation  of  Indians,  as  expressed  in  the 

080  treaty  to  which  this  article  is  supplementary,  in  any  part  thereof 

081  not  otherwise  appropriated  by  the  provisions  contained  in  these 

082  supplementary  articles. 

083  ARTICLE  3.  These  supplementary  articles,  or  either  of  them, 
081  after  the  same  shall  have  been  ratified  and  confirmed  by  the 

085  President  and  Senate  of  the  United  States,  shall  be  binding  on 

086  the  contracting  parties,  otherwise,  to  be  void  and  of  no  effect 

087  upon  the  validity  of  the  original  treaty  to  which  they  are  sup- 

088  plemeutary. 

089  Proclaimed  February  2,  1836. 


690  CALAPOOIAS. 

691  FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 

692  to   all  and  singular  to  whom  these  presents  shall  come, 

693  greeting : 

691  Whereas  a  treaty  was  made  and  concluded  at  Dayton,  Ore- 

695  gon  Territory,  in  the  month  of  January,, eighteen  hundred  and 

696  fifty-live,  by  Joel  Palmer,  superintendent  of  Indian  affairs,  on 

697  the  part  of  the  United  States,  and  the  chiefs  of  the  confederated 

098  bands  of  Indians  residing  in  the  Willamette  Valley,  which  treaty 

099  is  in  the  words  following,  to  wit : 

Articles  of  agreement  and  convention  made  and  concluded 
701    at  Dayton,  Oregon  Territory,  by  Joel  Palmer,  superintendent  of 
Indian  affairs,  on  the  part  of  the  United  States,  and  the  follow 
ing-named  chiefs  of  the  confederated  bands  of  Indians  residing 
701    in  the  Willamette  Valley,  they  being  duly  authorized  thereto  by 


13 

705  their  respective  bands,  to  wit:  Ki-a-kuts,  Le  Medecin,  and  Yat- 

706  skaw,  or  Dave,  chiefs  of  the  Tualatin  band  of  Calapooias; 

707  Shap-h,  or  William,  Shel-ke-ah,  or  David,  and  Cha-ah,  or  Jesse, 

708  chiefs  of  the  Yam  Hill  band ;  Dabo,  or  Jim,  Sco-la-quit,  or  John, 

709  and  Yah-kow,  or  Kompetine,  chiefs  of  the  Che-luk-i-ina-uke 

710  band;  Ah-mo,  or  George,  Hiinpher,  or  Hubbard,  and  Oh-no,  or 

711  Tim,  chiefs  of  the  Chep-en-a-pho  or  Marysville  band;  Ma-mah- 

712  mo,  or  Charley  Peter,  Cha-che-clue,  or  Tom,  and  Quiueflat,  or 

713  Ben,  chiefs  of  the  Chein-a-pho  or  Maddy  baud  ;  Luck-a-ina-foo, 

714  or  Antoine,  and  Hoo-til,  or  Charley,  chiefs  of  the  Che-lam-e-la 

715  or  Long  Torn  band,  all  of  the  Calapooias;  Qui-a-qua-ty,  Yalkus, 

716  and  Kow-ka-ma,  or  Long  Hair,  chiefs  of  the  Mo-lal-la  band  of 

717  Mo-lal-las ;  Kiles,  or  Jim,  and  Kow-ah-tough,  or  John,  chiefs  of 

718  the  Calapooia  band  of  Calapooias ;  Anta-quil-al-la,  or  John,  and 

719  Mequah,  of  the  Winnefelly  and  Mohawk  bands;  Yack-a-tee,  or 

720  Sam,  To-phor,  or  Jim  Brown,  and  Hal-la-be,  or  Doctor,  of  the 

721  Tekopa  baud;  Pulk-tah,  of  the  Chafan  band  of  the  Calapooia 

722  tribe ;  Tum-walth  and  O-ban-a-hah,  chiefs  of  the  Wah-laUa  band 

723  of  Turn-waters ;   Watch-a-no,  Te-ap-i-nick,  and  Wal-lah-pi-coto, 

724  chiefs  of  the  Clack-a-mas  tribe ;   Lallak  and  Cuck-a-mau-na,  or 

725  David,  of  the  Clow-we-wal-la  or  Willamette  Turn-water  band ; 

726  Tow-ye-col-la,  or  Louis ;  Yelk-ma,  or  Jo,  La  ham,  or  Tom,  Joseph 

727  Sanegertta,  Pullicau,  Te-na,  or  Kiles,  Pul-kup-li-ina,  or  John, 

728  Sallaf,  or  Silas,  Hoip-ke-nek,  or  Jack,  Yepta,  and  Sat-invose,  or 

729  James,  chiefs  and  head-  men  of  the  Sautiam  bands  of  Calapooias. 

730  ARTICLE  1.  The  abo ve- named  confederated  bands  of  Indians 

731  cede  to  the  United  States  all  their  right,  title,  and  claim  to  all 

732  and  every  part  of  the  country  included  in  the  following  bouuda- 

733  '  ries,  to  wit : 

734  Commencing  in  the  middle  of  the  main  channel  of  the  Coluin- 

735  bia  Kiver,  opposite  the  mouth  of  the  first  creek  emptying  into 

736  said  river  from  the  south  below  Oak  Point,  thence  south  to  the 

737  first  standard  parallel  north  of  the  base-line  in  the  Government 

738  survey,  thence  west  to  the  summit  of  the  Coast  Eange  of  inount- 

739  aius,  thence  southerly  along  the  summit  of  said  range  to  the 

740  Calapooia  Mountains,  thence  easterly  along  the  summit  of  said 

741  mountains  to  the  summit  of  the  Cascade  Mountains,  thence  along 

742  said  summit  northerly,  to  the  middle  of  the  Columbia  Eiver,  at 

743  the  Cascade  Falls,  and  thence  down  the  middle  of  said  river  to 

744  the  place  of  beginning: 

745  Provided,  however,  That  said  bands  be  permitted  to  remain 

746  within  the  limits  of  the  country  ceded,  and  on  such  temporary 

747  reserves  as  may  be  made  for  them  by  the  superintendent  of 

748  Indian  affairs,  until  a  suitable  district  of  country  shall  be  desig- 

749  nated  for  their  permanent  home,  and  proper    improvements 

750  made  thereon:    And  provided,  That  the   United  States   make 


20 

751  proper  provisiou  for  the  security  of  their  persons  and  property 

752  from  the  hostile  attacks  of  Indians  of  other  tribes  and  bands. 

753  At  which  time,  or  when  thereafter  directed  by  the  superintend- 

754  ent  of  Indian  affairs,  or  agent,  said  confederated  bands  engage 

755  peaceably,  and  without  expense  to  the  United  States  other  than 

756  that  provided  for  in  this  treaty,  to  vacate  the  country  hereby 

757  ceded,  and  remove  to  the  district  which  shall  be  designated  for 

758  their  permanent  occupancy. 

759  ARTICLE  2.  In  consideration  of,   and   payment    for,  the 

760  country  herein  described,  the  United  States  agree  to  pay  to  the 

761  bands  and  tribes  of  Indians  claiming  territory  and  residing  in 

762  said  country,  the  several  sums  of  money  following,  to  wit : 

763  Ten  thousand   dollars  per   annum  for  the  first  five  years, 

764  commencing  on  the  first  day  of  September,  1855. 

765  Eight  thousand  dollars  per  annum  for  the  term  of  five  years 

766  next  succeeding  the  first  five. 

767  Six  thousand  five  hundred  dollars  per  annum  for  the  term 

768  of  five  years  next  succeeding  the  second  five. 

769  Five  thousand  five  hundred  dollars  per  annum  for  the  term 

770  of  five  years  next  succeeding  the  third  five. 

771  All  of  which  several  sums  of  money  shall  be  expended  for 

772  the  use  and  benefit  of  the  confederated  bauds,  under  the  direc 

773  tion  of  the  President  of  the  United  States,  who  may,  from  time 

774  to  time,  at  his  discretion,  determine  what  proportion  thereof 

775  shall  be  expended  for  such  objects  as  in  his  judgment,  will  pro 

776  mote  their  well-being,  and  advance  them  in  civilization,  for  their 

777  moral  improvement  and  education,  for  buildings,  opening  and 

778  fencing  farms,  breaking  land,  providing  stock,  agricultural  im 

779  plements,  seeds.   £c.  ;  for  clothing,  provisions,   and  tools ;  for 

780  medical  purposes ;  providing  mechanics  and  farmers,  and   for 

781  arms  and  ammunition. 

782  The  United  States  agree  to  pay  said  Indians  the  additional 

783  sum  of  fifty  thousand  dollars,  a  portion  whereof  shall  be  ex- 

784  pended  for  such  articles  as  the  superintendent  of  Indian  affairs 

785  shall  furnish  the  Indians,  as  soon  as  practicable  after  the  sign- 

786  ing  of  this  treaty  ;  and  in  providing,  after  the  ratification  there 

787  of,  and  while  the  Indians  shall  reside  on  the  temporary  reserves 

788  that  may  be  assigned  them,  horses,  oxen,   and  other  stock, 

789  wagons,  agricultural  implements,  clothing,  and  provisions,  as 

790  the  President  may  direct ;  and  for  erecting  on  the  tract  that  may 

791  be  selected  as  their  permanent  homes,  mills,  shops,  school-houses^ 

792  a  hospital,  and  other  necessary  buildings,  and  making  improve- 

793  ineuts;  for  seeds,  stock,  and  farming  operations  thereon;  for 

794  paying  for  the  permanent  improvements  of  settlers,  should  any 

795  such  be  on  said  tract  at  the  time  of  its  selection  ;  to  pay  the 

796  expenses  of  the  removal  of  the  Indians  thereto,  and  in  provid 


21 

797  ing  for  their  subsistence  thereon  for  the  first  year  after  their  re- 

798  moval :  Provided,  however,  That  if  any  band  or  bands  of  In- 

799  dians,  residing  on  or  claiming  any  portion  or  portions  of  the 

800  country  described  in  article  first,  shall  not  accede  to  the  terms 

801  of  this  treaty,  then  the  bands  becoming  parties  hereunto  agree 

802  to  receive  such  part  of  the  several  annual  and  other  payments 

803  herein  named,  as  a  consideration  for  theentire  country  described 

804  as  aforesaid,  as  shall  be  in  the  proportion  that  their  aggregate 

805  number  may  bear  to  the  whole  number  of  Indians  residing  in 

806  and  claiming  the  entire  country  aforesaid,  as  consideration  and 

807  payment  in  full  for  the  tracts  in  said  country  claimed  by  them  : 

808  And  provided,  Any  of  the  bands  becoming  parties  to  this  treaty 

809  establish  a  legitimate  claim  to  any  portion  of  the  country  north 

810  of  the  Columbia  Eiver,  that  the  amount  to  which  they  may  be 

811  entitled  as  a  consideration  for  such  country,  in  any  treaties  here 

812  after  entered  into  with  the  United  States,  shall  be  added  to  the 

813  annuities  herein  provided  for. 

814  ARTICLE  3.  In  addition  to  the  considerations  specified,  the 

815  United  States  agree  to  provide  for  the  employment,  for  the  term 
81C  of  five  years  from  and  after  the  removal  of  said  Indians  to  their 

817  permanent  reserve,  of   a  physician,  a  school-teacher,  a  black 

818  smith,  and  a  superintendent  of  farming  operations. 

819  ARTICLE  4.     The  President  may,  from  time  to  time,  at  his 

820  discretion,  cause  the  whole,  or  such  portion  as  he  may  think 

821  proper,  of  the  tract  that  may  hereafter  be  set  apart  as  the  per- 

822  manent  home  of  these  Indians,  to  be  surveyed  into  lots,  and 

823  assign  them  to  such  Indians  of  the  confederated  bands  as  may 

824  wish  to  enjoy  the  privilege,  and*  locate  thereon  permanently ;  to 

825  a  single  person,  over  twenty-one  years  of  age,  twenty  acres;  to 
82G  a  family  of  two  persons,  forty  acres  ;  to  a  family  of  three,  and 

827  not  exceeding  five  persons,  fifty  acres  5  to  a  family  of  six  per 

828  sons,  and  not  exceeding  ten,  eighty  acres  j  and  to  each  family 

829  over  ten  in  number,  twenty  acres  for  each  additional  three  mem~ 

830  bers.     And  the  President  may  provide  such  rules  and  regula 

831  tions  as  will'  secure  to  the  family,  in  case  of  the  death  of  the 

832  head  thereof,  the  possession  and  enjoyment  of  such  permanent 

833  home  and  the  improvements  thereon  ;  and  he  may,  at  any  time, 

834  at  his  discretion,  after  such  person  or  family  has  made  location 

835  on  the  land  assigned  as  a  permanent  home,  issue  a  patent  to 

836  such  person  or  family,  for  such  assigned  land,  conditioned  that 

837  the  tract  shall  not  be  aliened  or  leased  for  a  longer  time  than 

838  two  years,  and  shall  be  exempt  from  levy,  sale,  or  forfeiture  ; 

839  which  conditions  shall  continue  in  force  until  a  State  constitu- 

840  tiou,  embracing  such  lands  within  its  boundaries,  shall  have 

841  been  formed,  and  the  legislature  of  the  State  shall  remove  the 

842  restrictions  :  Provided,  however,  That  no  state  legislature  shall 


22 

843  remove  the  restrictions  herein  provided  for,  without  the  consent 

844  of  Congress.    And  if  any  such  family  shall  at  any  time  neglect 

845  or  refuse  to  occupy  or  till  a  portion  of  the  land  assigned,  and 
840  on  which  they  have  located,  or  shall  rove  from  place  to  place, 

847  the  President  may,  if  the  patent  shall  have  been  issued,  revoke 

848  the  same:  or,  if  not  issued,  cancel  the  assignment;  and  may 

849  also  withhold  from  such  person  or  family  their  proportion  of  the 

850  annuities  or  other  moneys  due  them,  until  they  shall  have  re- 

851  turned  to  such  permanent  home,  and  resume  the  pursuits  of  in- 

852  dustry  j  and  in  default  of  their  return,  the  tract  may  be  declared 

853  abandoned,  and  thereafter  assigned  to  some  other  person  or 

854  family  of  the  Indians  residing  on  the  reserve. 

855  ARTICLE  5.  The  annuities  of  the  Indians  shall  not  be  taken 
850  to  pay  the  debts  of  individuals. 

857  ARTICLE  0.  The  confederated  bands  acknowledge  their  de- 

858  pendence  on  the  government  of  the  United  States,  and  promise 

859  to  be  friendly  with  all  the  citizens  thereof,  and  pledge  them- 

800  selves  to  commit  no  depredations  on  the  property  of  such  citi- 

801  zens.     And  should  any  one  or  more  of  the  Indians  violate  this 

802  pledge,  and  the  fact  be  satisfactorily  proven  before  the  agent, 

803  the  property  taken  shall  be  returned,  or  in  default  thereof,  or  if 

804  injured  or  destroyed,  compensation  may  be  made  by  the  Govern- 

805  ment  out  of  their  annuities.    Nor  will  they  make  war  on  any 
800  other  baud  or  tribe  of  Indians,  except  in  self-defence,  but  will 

807  submit  all  matters  of  difference  between  them  and  other  Indians 

808  to  the  Government  of  the  United  States,  or  its  agent,  for  de- 

809  cision,and  abide  thereby.    And  if  any  of  said  Indians  commit 
870  any  depredations  on  any  other  Indians,  the  same  rule  shall  pre- 
871  vail  as  that  prescribed  in  this  article  in  case  of  depredations 

872  against  citizens.     Said  Indians  further  engage  to  submit  to  and 

873  observe  all  laws,  rules,  and  regulations  which  may  be  prescribed 

874  by  the  United  States  for  the  government  of  said  Indians. 

875  ARTICLE.  7.  In  order  to  prevent  the  evils  of  intemperance 
870  among  said  Indians,  it  is  hereby  provided  that  any  one  of  them 

877  who  shall  drink  liquor,  or  procure  it  for  otlier  Indians  to  drink, 

878  may  have  his  or  her  proportion  of  the  annuities  withheld  from 

879  him  or  her  for  such  time  as  the  President  may  determine. 

ARTICLE  8.  The  said  confederated  bands  agree  that  when  a 

581  permanent  reserve  shall  be  assigned  them,  all  roads,  highways, 

and  railroads,  demanded  at  any  time  by  the  public  convenience, 

'S3  shall  have  the  right  of  way  therein,  a  just  compensation  being 

884  made  therefor. 

ARTICLE  9.  This  treaty  shall  be  obligatory  on  the  contract- 

>8G  ing  parties  as  soon  as  the  same  shall  be  ratified  by  the  President 

887  and  Senate  of  the  United  States. 
Proclaimed  April  10,  1855. 


23 


889  CHASTAS. 

890  FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 

891  to  all  persons  to  whom  these  presents  shall  come,  greeting : 

892  Whereas  a  treaty  was  made  and  concluded,  at  the  council- 

893  ground,  opposite  the  mouth  of  Applegate  Creek,  on  Eogue  Eiver, 

894  in  the  Territory  of  Oregon,  on  the  eighteenth  day  of  November, 

895  eighteen  hundred  and  fifty-four,  between  the  United  States  and 

896  the  Chasta  and  other  tribes  of  Indians,  which  treaty  is  in  the 

897  words  following,  to  wit : 

898  Articles  of  a  convention  and  agreement  made  and  concluded 

899  at  the  council-ground,  opposite  the  mouth  of  Applegate  Creek, 

900  on  Eogue  River,  in  the  Territory  of  Oregon,  on  the  eighteenth 

901  day  of  November,  one  thousand  eight  hundred  and  fifty-four,  by 

902  Joel  Palmer,  superintendent  of  Indian  affairs,  on  the  part  of 

903  the  United  States,  and  the  chiefs  and  head-men  of  the  Q nil-si- 

904  eton  and  Na-hel-ta  bands,  of  the  Chasta  tribe  of  Indians,  the 

905  Cow-nan-ti-co,  Sa-cher-i-tou,  and  Na-al-ye  bands  of  Scotons,  and 
90G  the  Grave  Creek  baud  of  Umpquas,  to  wit,  Jes-tul-tut,  or  Little 

907  Chief,  Ko-ne-che-quot,  or  Bill,  Se-sel-che-tel,  or  Salmon  Fisher, 

908  Kul-ki-aoi-i-ua,  or  Bush-head,  Te-po-kon-ta,  or  Sam,  and  Jo,  they 

909  being  duly  authorized  thereto  by  said  united  bands. 

910  ARTICLE  1.  The  aforesaid  united  bauds  cede  to  the  United 

911  States  all  their  country,  bounded  as  follows : 

912  Commencing  at  a  point  in  the  middle  of  Eogue  Eiver,  one 

913  mile  below  the  mouth  of  Applegate  Creek  ;  thence  northerly,  on 

914  the  western. boundary  of  the  country  heretofore  purchased  of 

915  the  Eogue  Eiver  tribe  by  the  United  States,  to  the  head-waters 
91(3  of  Jump-Off- Jo  Creek;  thence  westerly  to  the  extreme  north  - 

917  eastern  limit  of  the  country  purchased  of  the  Cow  Creek  band 

918  of  Umpquas;  thence  along  that  boundary  to  its  extreme  south- 

919  western  limit  ;  thence  due  west  to  a  point  from  which  a  line  run- 

920  ning  due  south  would  cross  Eogue  Eiver,  midway  between  the 

921  mouth  of  Grave   Creek  aud  the  great  bend  of  Eogue  Eiver; 

922  thence  south  to  the  southern  boundary  of  Oregon  ;  thence  east 

923  along  said  boundary  to  the  summit  of  the  main  ridge  of  the 

924  Siskiou  Mountains,  or  until  this  line  reaches  the  boundary  of 

925  the  country  purchased  of  the  Eogue  Eiver  tribe ;  thence  north- 
92G  erly  along  the  western  boundary  of  said  purchase  to  the  place  of 

927  beginning. 

928  ARTICLE  2.  The  said  united  bands  agree  that,  as  soon  af- 

929  ter  the  ratification  of  this  convention  as  practicable,  they  will 

930  remove  to  such  portion  of  the  Table  Eock  reserve  as  may  be  as- 

931  signed  them  by  the  superintendent  of  Indian  affairs  or  agent, 

932  or  to  whatsoever  other  reserve  the  President  of  the  United 

933  States  may  at  any  time  hereafter  direct. 


24 

934  ARTICLE  3.  ILI  consideration  of  and  payment  for  the  coun- 

935  try  herein  ceded,  the  United  States  agree  to  pay  to  the  said 

936  united  bands  the  sum  of  two  thousand  dollars  annually  for  fif- 

937  teen  years,  from  and  after  the  first  day  of  September,  one  thou- 

938  sand  eight  hundred  and  fifty-five,  which  annuities  shall  be  added 

939  to  those  secured  to  the  Eogue  Eiver  tribe  by  the  treaty  of  the 

940  10th  September,  1853,  and  the  amount  shared  by  the  members 
fl4L  of  the  united  bands  and  of  the  Eogue  Eiver  tribe,  jointly  and 

942  alike  ;  said  annuities  to  be  expended  for  the  use  and  benefit  of 

943  said  bauds  and  tribe  in  such  manner  as  the  President  may  from 

944  time  to  time  prescribe  ;  for  provisions,  clothing,  and  merchan 

945  disc ;  for  buildings,  opening  and  fencing  farms,  breaking  land, 

946  providing  stock,  agricultural  implements,  tools,  seeds,  and  such 

947  other  objects  as  will  in  his  judgment  promote  the  comfort  and 

948  advance  the  prosperity  and  civilization  of  said  Indians.     The 

949  United  States  also  agree  to  appropriate  the  additional  sum  of 

950  five  thousand  dollars,  for  the  payment  of  the  claims  of  persons 

951  whose  property  has  been  stolen  or  destroyed  by  any  of  the  said 

952  united  bauds  of  Indians  since  the  first  day  of  January,  1849  < 

953  such  claims  to  be  audited  and  adjusted  in  such  manner  as  the 

954  President  may  prescribe. 

955  ARTICLE  1.  When  said  united  bands  shall  be  required  to 

956  remove  to  the  Table  Eock  reserve  or  elsewhere,  as  the  President 

957  may  direct,  the  further  sum  of  six  thousand  five  hundred  dol- 

958  lars  shall  be  expended  by  the  United  States  for  provisions  to 

959  aid  in  their  subsistence  during  the  first  year  they  shall  reside 

960  thereon  ;  for  the  erecting  of  necessary  buildings,  and  the  break- 

961  ing  and  fencing  of  fifty  acres  of  land,  and  providing  seed  to 

962  plant  the  same.  fo*  their  use  and  benefit,  in  common  with  the 

963  other  Indians  on  the  reserve. 

964  ARTICLE  5.  The  United  States  engage  that  the  following 

965  provisions,  for  the  use  and  benefit  of  all  Indians  residing  on  the 

966  reserve,  shall  be  made  : 

An  experienced  farmer  shall  be  employed  to  aid  and  in - 

968  struct  the  Indians  in  agriculture  for  the  term  of  fifteen  years, 
Two  blacksmith -shops  shall  be  erected  at  convenient  points 

970  on  the  reserve,  and  furnished  with  tools  and  the  necessary  stock, 

971  and  skilful  smiths  employed  for  the  same  for  five  years. 

A  hospital  shall  be  erected,  and  proper  provision  made  for 

973  nu'dical  purposes,  and  the  care  of  the  sick  for  ten  years. 

School-houses  shall  be  erected,  and  qualified  teachers  em- 

975  ployed  to  instruct  children  on  the  reserve,  and   books  and  sta- 

976  tionery  furnished  for  fifteen  years. 

All  of  which  provisions   shall  be  controlled  by  such   laws, 

978  rules,  or  regulations  us  Congress  may  enact  or  the  President 

979  prescribe. 


980  ARTICLE  0.  The  President  may,  from  time  to  time,  at  his 

981  discretion,  direct  the  surveying  of  a  part  or  all  of  the  agricultural 

982  lands  on  said  reserve,  divide  the  same  into  small  forms  of  from 

983  twenty  to  eighty  acres,  according  to  the  number  of  persons  in  a 

984  family,  and  assign  them  to  sucli  Indians  as  are  willing  to  avail 

985  themselves  of  the  privilege  and  locate  tliereon  as  a  permanent 
98G  home,  and  to  grant  them  a  patent  therefor  under  such  laws  and 

987  regulations  as  may  hereafter  be  enacted  or  prescribed. 

988  ARTICLE  7.  The  annuities  of  the  Indians  shall  not  be  taken 

989  to  pay  the  debts  of  individuals. 

990  ARTICLE  8.  The  said  united  bands  acknowledge  themselves 

991  subject  to  the  Government  of  the  United  States,  and  engage  to 

992  live  in  amity  with  the  citizens  thereof,  and  commit  no  depreda- 

993  tions  on  the  property  of  said  citizens;  and  should  any  Indian  or 

994  Indians  violate  this  pledge,  and  the  fact  be  satisfactorily  proven, 

995  the  property  shall  be  returned,  or  if  not  returned,  or  if  injured  or 
990  destroyed,  compensation  may  be  made  therefor  out  of  their  annui- 

997  ties.    They  also  pledge  themselves  to  live  peaceably  with  one 

998  another,  and  with  other  Indians,  to  abstain  from  war  and  private 

999  acts  of  revenge,  and  to  submit  all  matters  of  difference  between 

1000  themselves  and  Indians  of  other  tribes  and  bands  to  the  decision 

1001  of  the  United  States  or  the  agent,  and  to  abide  thereby.  It  is  also 

1002  agreed  that  if  any  individual  shall  be  found  guilty  of  bringing 

1003  liquor  into  their  country,  or  drinking  the  same,   his  or  her 

1004  annuity  may  be  withheld  dating  the  pleasure  of  the  President. 

1005  ARTICLE  9.  This  convention  shall  be  obligatory  on  the  con- 
•1000  tracting  parties  from  and  after  its  ratification  by  the  President 

1007  and  Senate  of  the  United  States. 

1008  Proclaimed  April  10,  1855. 


lOOi)  OHBBOKBES. 

1010  Articles  concluded  at  Hopewell,  on  the  Keo wee,  between  Benjamin 

1011  Hawkins,  Andrew    Pickens,  Joseph  Martin,   and    Lachlanc 

1012  3PIntosh,  commissioners  plenipotentiary  of  the  United  States 

1013  of  America,  of  the  one  part,  and  the  head-men  and  warriors  of 

1014  all  the  Cherokees  of  the  other. 

1015  The  commissioners  plenipotentiary  of  the  United  States  in 
1010  Congress  assembled,  give  peace   to  all  the  (Jherokees,  and  rc- 

1017  ceive  them  into  the  favour  and  protection  of  the  United  States  of 

1018  America,  on  the  following  conditions  : 

1019  ARTICLE  1.  The  head-men  and  warriors  of  all  the  Cherokees 

1020  shall  restore  all  the  prisoners,  citizens  of  the  United  States,  or 

1021  subjects  of  their  allies,,  to  their  entire  liberty  :  They  shall  also 

1022  restore  all  the  negroes,  and  all  other  property  taken  during  the 
4  i  T 


26 

1023  late  war  from  the  citizens,  to  such  person,  and  at  such  time  and 

1024  place  as  the  commissioners  shall  appoint. 

1025  ARTICLE  2.  The  commissioners    of  the  United   States  in 

1026  Congress  assembled  shall  restore  all  the  prisoners  taken  from 

1027  the  Indians,  during  the  late  war,  to  the  head-men  and  warriors 

1028  of  the  Cherokees,  as  early  as  is  practicable. 

1021)  ARTICLE  3.  The  said  Indians,  for  themselves  and  their  re- 

1030  spective  tribes  and  towns,  do  acknowledge  all  the  Cherokees  to 

1031  be  under  the  protection  of  the  United  States  of  America,  and  of 

1032  no  other  sovereign  whosever. 

1033  ARTICLE  4.  The  boundary  allotted  to  the  Cherokees  for 

1034  their  hunting-grounds  between  the  said  Indians  and  the  citizens 

1035  of  the  United  States,  within  the  limits  of  the  United  States  of 

1036  America,  is,  and  shall  be  the  following,  viz:  Beginning  at  the 

1037  mouth  of  Duck  River,  on  the  Tennessee ;  thence  running  north - 

1038  east  to  the  ridge  dividing  the  waters  running  into  Cumberland 
1030  from  those  running  into  the  Tennessee  ,*  thence    eastwardly 

1040  along  the  said  ridge  to  a  northeast  line  to  be  run,  which  shall 

1041  strike  the  river  Cumberland  forty  miles  above  Nashville ;  thence 

1042  along  the  said  line  to  the  river ;  thence  up  the  said  river  to  the 

1043  ford  where  the  Kentucky  road  crosses  the  river  ;  thence  to  Carnp- 

1044  bell's  line,   near  Cumberland  Gap  5  thence  to  the  mouth    of 

1045  Claud's  Creek  on  Holstein ;  thence  to  the  Chimney-Top  Mountain ; 

1046  thence  to  Camp-Creek,  near  the  uitmth  of  Big  Limestone,  on 

1047  Nolichuckey  ;  thence  a  southerly  course  six  miles  to  a  mountain  ; 

1048  thence  south  to  the  Xorth  Carolina  line ;  thence  to  the  South 

1049  Carolina  Indian  boundary,  and  along  the  same  southwest  over 

1050  the  top  of  the  Oconee  Mountain  till  it  shall  strike  Tugaloo  River  ; 

1051  thence  a  direct  line  to  the  top  of  the   Currohee  Mountain  ; 

1052  thence  to  the  head  of  the  south  fork  of  Oconee  River. 

1053  ARTICLE  5.  If  any  citizen  of  the  United  States,  or  other 

1054  person  not  being  an  Indian,  shall  attempt  to  settle  on  any  of 

1055  the  lands  westward  or  southward  of  the  said  boundary  which 

1056  are  hereby  allotted  to  the  Indians  for  their  hunting  grounds,  or 

1057  having  already  settled  and  will  not  remove  from  the  same  within 

1058  six  mouths  after  the  ratification  of  this  treaty,  such  person  shall 
1050  forfeit  the  protection  of  the  United  States,  and  the  Indians  may 

1060  punish  him  or  not  as  they  please :  Provided  nevertheless,  That 

1061  this  article  shall  not  extend  to  the  people  settled  between  the 

1062  fork  of  French  Broad  and  Holstein  Rivers,  whose  particular  sit- 

1063  nation  shall  be  transmitted  to  the  United  States  in  Congress  as- 

1064  sembled  for  their  decision  thereon,  which  the  Indians  agree  to 

1065  abide  by. 

ARTICLE  6.  If  any  Indian  or  Indians,  or  person  residing 

1067  among  them,  or  who  shall  take  refuge  in  their  nation,  shall 

1068  commit  a  robbery,  or  murder,  or  other  capital  crime,  on  any  cit- 


27 

1069  izen  of  the  United  States,  or  person  under  their  protection,  the 

1070  nation,  or  the  tribe  to  which  such  offender  or  offenders  may  be- 

1071  long,  shall  be  bound  to  deliver  him  or  them  up  to  be  punished 

1072  according  to  the  ordinances  of  the  United  States:   Provided, 

1073  That  the  punishment  shall  not  be  greater  than  if  the  robbery  or 

1074  murder,  or  other  capital  crime,  had  been  committed  by  a  citizen 

1075  on  a  citizen. 

1070  ARTICLE  7.  If  any  citizen  of  the  United  States,  or  person 

1077  under  their  protection,  shall  commit  a  robbery  or  murder,  or 

1078  other  capital  crime,  on  any  Indian,  such  offender  or  offenders 
1070  shall  be  punished  in  the  same  manner  as  if  the  murder  or  rob- 

1080  bery,  or  other  capital  crime,  had  been  committed  on  a  citizen  of 

1081  the  United  States  5  and  the  punishment  shall  be  in  presence  of 

1082  some  of  the  Cherokees,  if  any  shall  attend  at  the  time  and 

1083  place ;  and  that  they  may  have  an  opportunity  so  to  do,  due 

1084  notice  of  the  time  of  such  intended  punishment  shall  be  sent  to 

1085  some  one  of  the  tribes. 

1086  ARTICLE  8.  It  is  understood  that  the  punishment  of  the 

1087  innocent,  under  the  idea  of  retaliation,  is  unjust,  and  shall  not  be 

1088  practised  on  either  side,  except  where  there  is  a  manifest  viola- 

1089  tion  of  this  treaty  ;  and  then  it  shall  be  preceded  first  by  a  do- 

1090  mand  of  justice,  and  tf  refused,  then  by  a  declaration  of  hos- 

1091  tilities. 

1092  ARTICLE  9.  For  the  benefit  and  comfort,  of  the  Indians, 

1093  and  for  the  prevention  of  injuries  or  oppressions  on  the  part  of 

1094  the  citizens  or  Indians,  the  United  States  in  Congress  assem- 

1095  bled  shall  have  the  sole  and  exclusive  right  of  regulating  the 

1096  trade  with  the  Indians,  and  managing  all  their  affairs  in  such 

1097  manner  as  they  think  proper. 

1098  ARTICLE  10.   Until  the  pleasure  of  Congress   be  known 

1099  respecting  the  ninth  article,  all  traders,  citizens  of  the  United 

1100  States,  shall  have  liberty  to  go  to  any  of  the  tribes  or  towns  of 

1101  the  Cherokees  to  trade  with  them,  and  they  shall  be  protected 

1102  in  their  persons  and  property,  and  kindly  treated. 

1103  ARTICLE  11.  The  said  Indians  shall  give  notice  to  the  citi- 

1104  zens  of  the  United   States  of  any  designs  which  they  may 

1105  know  or  suspect  to  be  formed  in  any  neighbouring  tribe,  or  by 

1106  any  person  whosoever,  against  the  peace,  trade,  or  interest  of 

1107  the  United  States. 

1 108  ARTICLE  12.  That  the  Indians  may  have  full  confidence  in 

1109  the  justice  of  the  United  States  respecting  their  interests,  they 

1110  shall  have  the  right  to  send  a  deputy  of  their  choice,  whenever 

1111  they  think  fit,  to  Congress. 

1112  ARTICLE  13.  The  hatchet  shall  be  forever  buried,  and  the 

1113  peace  given  by  the  United  States,  and  friendship  re-established 

1114  between  the  said  States  on  the  one  part,  and  all  the  Cherokees 


28 

1115     on  the  other,  shall  be  universal;    and  the  contracting  parties 
1  110    shall  use  their  utmost  endeavours  to  maintain  the  peace  given  as 

1117  aforesaid,  and  friendship  re-established. 

1118  Concluded  November  22,  1785. 


1110  .4  treaty  of  pea&  and  friendship  made  and  concluded  between  the 

1120  President  of  the  United  State*  of  America,  on  the  part  and 

1121  behalf  of  the  said  States,  and  the  undersigned  chiefs  and  war- 

1122  riors  of  the  Cherokee  Nation  of  Tndiamt,  on  the  part  and  le- 
1  1  23  h  a  \f  of  th  e  sa  id  nation. 

1124  The  parties  being  desirous  of  establishing  permanent  peace 

1125  and  friendship  between  the  United  States  and  the  said  Cherokee 
1120  Nation,  and  the  citizens  and  members  thereof,  and  to  remove 
1  127  the  causes  of  war,  by  ascertaining  their  limits  and  making  other 

1128  necessary,  just,  and  friendly  arrangements  :   The  President  of 

1129  the  United  States,  by  William  Blount,  governor  of  the  territory 

1130  of  the  United  States  of  America  south  of  the  river  Ohio,  and 

1131  superintendent  of  Indian  aif  airs  for  the  southern  district,  who 

1132  is  vested  with  full  powers  for  these  purposes,  by  and  with  the 

1133  advice  and  consent  of  the  Senate  of  the  United  States:    And 

1134  the  Cherokee  Nation,  by  the  undersigned  chiefs  and  warriors 

1135  representing  the  said  nation,  have  agreed  to  the  following  arti- 
1  130  cles,  namely  : 

1137  ARTICLE  1.  There  shall  be  perpetual  peace  and  friendship 

1  138  between  all  the  citizens  of  the  United  States  of  America,  and 

1139  all  the  individuals  composing  the  whole  Cherokee  Nation  of  In- 

1140  dians. 

1141  ARTICLE  1?.  The  undersigned  chiefs  and  warriors,  for  them  - 

1142  selves  and  all  parts  of  the  Cherokee  Nation,  do  acknowledge 

1143  themselves  and  the  said  Cherokee  Nation  to  be  under  the  pro- 

1144  tectiou  of  the  United  States  of  America,  and  of  no  other  sov- 

1145  ereign  whosoever  ;  and  they  also  stipulate  that  the  said  Chero- 
1140  kee  Nation  will  not  hold  any  treaty  with  any  foreign  power,  in- 

1147  dividual  State,  or  with  individuals  of  any  State. 

1148  ARTICLE  3.  The  Cherokee  Nation  shall  deliver  to  the  gov- 
1  149  ernor  of  the  territory  of  the  United  States  of  America  south 
1150  of  the  river  Ohio,  on  or  before  the  1st  day  of  April  next,  at  this 
1  151  place,  all  persons  who  are  now  prisoners,  captured  by  them  from 
1152  any  part  of  the  United  States:  And  the  United  States  shall  on 
J  153  or  before  the  same  day,  and  at  the  same  place,  restore  to  the 

154  Cherokees  all  the  prisoners  now  in  captivity  which  the  citizens 

1155  of  the  United  States  have  captured  from  them. 

ARTICLE   4.   The  boundary   between  the  citizens   of  the 

1157  United  States  and  the  Cherokee  Nation  is  and  shall  be  as  fol- 

1158  lows:   Beginning  at  the  top  of  the  Cnrraliee  Mountain,  where 


29 

1159  tbe  Creek  line  passes  it;  thence  a  diiect  line  to  Tugelo  River 

11GO  thence  northeast  to  the  Occunna  Mountain,  and  over  the  same 

1161  along  the  South  Carolina  Indian  boundary  to  the  North  Caro- 

1162  lina  boundary;  thence  north  to  a  point  from  which  a  Hue  is  to 

1163  .  be  extended  to  the  river  Clinch,  that  shall  pass  to  Holston  at 

1164  the  ridge  which  divides  the  waters  running  into  Little  River 

1165  from  those  running  into  the  Tennessee;  thence  up  the  river 

1166  Clinch  to  Campbell's  line,  and  along  the  same  to  the  top  of 

1167  Cumberland  Mountain  ;  thence  a  direct  line  to  the  Cumberland 

1168  River  where  the  Kentucky  road  crosses  it;  thence  down  the 
1.160  Cumberland  River  to  a  point  from  which  a  southwest  line  will 

1170  strike  the  ridge  which  divides  the  waters  of  Cumberland  from 

1171  those  of  Duck  River,  forty  miles  above  Nashville;  thence  down 

1172  the  said  ridge  to  a  point  from  whence  a  southwest  line  will 

1173  strike  the  mouth  of  Duck  River. 

1174  And  in  order  to  preclude  forever  all  disputes  relative  to  the 

1175  said  boundary,   the  same  shall  be  ascertained   and  marked 

1176  plainly  by  three  persons  appointed  on  the  part  of  the  United 

1177  States,  and  three  Cherokees  on  the  part  of  their  nation. 

1178  And  in  order  to  extinguish  forever  all  claims  of  the  Chero- 
1170  kee  Nation,  or  any  part  thereof,  to  any  of  the  laud  lying  to  the 

1180  right  of  the  line  above  described,  beginning  as  aforesaid  at  the 

1181  Currahee  Mountain,  it  is  hereby  agreed,  that  in  addition  to  the 

1182  consideration  heretofore  made  for  the  said  land,  the  United 

1183  States  will  cause  certain  valuable  goods  to  be  immediately  de- 

1184  livered  to  the  undersigned  chiefs  and  warriors,  for  the  use  of 

1185  their  nation  ;  and  the  said  United  States  will  also  cause  the  sum 

1186  of  one  thousand  dollars  to  be  paid  annually  to  the  said  Cherokee 

1187  Matron.    And  the  undersigned  chiefs  and  warriors  do  hereby 

1188  for  themselves  and  the  whole  Cherokee  Nation,  their  heirs  and 
1180  descendants,  for   the  considerations  above-mentioned,  release, 

1100  quit-claim,  relinquish,  and  cede,  all  the  laud  to  the  right  of  the 

1101  line  described,  and  beginning  as  aforesaid. 

1102  ARTICLE  5.  It  is  stipulated  and  agreed  that  the  citizens  and 

1103  inhabitants  of  the  United  States  shall  have  a  free  and  unmolested 

1104  use  of  a  road  from  Washington  district  to  Mero  district,  and  of 

1105  the  navigation  of  the  Tennessee  River. 

1106  ARTICLE  6.  It  is  agreed  on  the  part  of  the  Cherokees  that 

1107  the  United  States  shall  have  the  sole  and  exclusive  right  of 

1108  regulating  their  trade. 

1100  ARTICLE  7.  The  United  States  solemnly  guarantee  to  the 

1200  Cherokee  Nation  all  their  lands  not  hereby  ceded. 

1201  ARTICLE  8.  If  any  citizen  of  the  United  States,  or  other 

1202  person  not  being  an  Indian,  shall  settle  on  any  of  the  Cherokees' 

1203  lands,  such  person  shall  forfeit  the.  protection  of  the  Unite;! 


30 
1204    States,  and   the   Chcrokees   may  punish  him   or   not,  as   tliey 


1206  ARTICLE  9.  Xo  citizen  or  inhabitant  of  the  United  States 

1207  shall  attempt  to  hunt  or  destroy  the  game  on  the  lauds  of  the 

1208  Cherokees;  nor  shall  any  citizeu  or  inhabitant  go  into  the  Cher- 
1  209  okee  country  without  a  passport  first  obtained  from  the  governov 

1210  of  some  one  of  the  United  States,  or  territorial  districts,  or  such 

1211  other  person  as  the  President  of  the  United  States  may  from 

1212  time  to  time  authorize  to  grant  the  same. 

1213  ARTICLE  10.  If  any  Cherokee  Indian  or  Indians,  or  person 

1214  residing  among  them,  or  who  shall  take  refuge  in  their  nation, 

1215  shall  steal  a  horse  from,  or  commit  a  robbery  or  murder,  or  other 

1216  capital  crime,  on  any  citizens  or  inhabitants  of  the  United  States, 

1217  the  Cherokee  Nation  shall  be  bound  to  deliver  him  or  them  up, 

1218  to  be  punished  according  to  the  laws  of  the  United  States. 

1219  ARTICLE  11.  If  any  citizen  or  inhabitant  of  the  United 

1220  States,  or  of  either  of  the  territorial  districts  of  the  United 

1221  States,  shall  go  into  any  town,  settlement,  or  territory  belonging 

1222  to  the  Cherokees,  and  shall  there  commit  any  crime  upon,  or 

1223  trespass  against  the  person  or  property  of  any  peaceable  and 

1224  friendly  Indian  or  Indians  which,  if  committed  within  the  juris- 

1225  diction  of  any  State,  or  within  the  jurisdiction  of  either  of  the 
122G  said  districts,  against  a  citizen  or  white  inhabitant  thereof,  would 

1227  be  punishable  by  the  laws  of  such  State  or  district,  such  offender 

1228  or  offenders  shall  be  subject  to  the  same  punishment,  and  shall 

1229  be  proceeded  against  in  the  same  manner  as  if  the  offence  had 

1230  been  committed  within  the  jurisdiction  of  the  State  or  district 

1231  to  which  he  or  they  may  belong,  against  a  citizen  or  white  inhab 

1232  itant  thereof. 

1233  ARTICLE  12.  In  case  of  violence  on  the  persons  or  property 

1234  of  the  individuals  of  either  party,  neither  retaliation  or  reprisal 

1235  shall  be  committed  by  the  other,  until  satisfaction  shall  have 

1236  been  demanded  of  the  party  of  which  the  aggressor  is,  and  shall 

1237  have  been  refused.; 

1238  ARTICLE  13.  The  Cherokees  shall  give  notice  to  the  citizens 

1239  of  the  United  States  of  any  designs  which  they  may  know  or 
1  240  suspect  to  be  formed  in  any  neighbouring  tribe,  or  by  any  person 

1241  whatever,  against  the  peace  and  interest  of  the  United  -States. 

1242  ARTICLE  14.  That  the  Cherokee  Nation  may  be  led  to  a 

1243  greater  degree  of  civilization,  and  to  become  herdsmen  and  cul- 

1244  tivators,  instead  of  remaining  in  a  state  of  hunters,  the  United 

1245  States  will  from  time  to  time  furnish  gratuitously  the  said  nation 

1246  with  useful  implements  of  husbandry  ;  and  further  to  assist  the 

1247  said  nation  in  so  desirable  a  pursuit,  and  at  the  same  time  to 

1248  establish  a  certain.  mode  of  communication,  the  United  States 

1249  will  send  such  and  so  many  persons  to  reside  in  said  nation  as 


31 

1250  they  may  judge  proper,  not  exceeding  four  iu  number,  who  shall 

1251  qualify  .themselves  to  act  as  interpreters.    These  persons  shall 

1252  have  lands  assigned  by  the  Cherokees  for  cultivation  for  thenr 

1253  selves  and  their  successors  in  office ;  but  they  shall  be  precluded 
1251  exercising  any  kind  of  traffic. 

1255  ARTICLE  15.    All   animosities  for    past    grievances  shall 

1256  henceforth  cease,  and  the  contracting  parties  will  carry  the  forc- 

1257  going  treaty  into  full  execution  with  all  good  faith  and  sin- 

1258  cerity. 

1259  ARTICLE  10.  This  treaty  shall  take  effect  and  be  obligatory 

1260  on  the  contracting  parties  as  soon  as  the  same  shall  have  been 

1261  ratified  by  the  President  of  the  United  States,  with  the  advice 

1262  and  consent  of  the  Senate  of  the  United  States. 


1263  Additional   article  to  the   treaty  made  between  the   United  States 

1261  and  the  Cherokees  on  the  second  day  of  July,  one  thousand 

1265  wren  hundred  and  ninety-one. 

1266  It  is  hereby  mutually  agreed  between  Henry  Knox,  Secre- 

1267  tary  of  War,  duly  authorized  thereto  in  behalf  of  the  United 

1268  States,  on  the  one  part,  and  the  undersigned  chiefs  and  warriors, 

1269  in  behalf  of  themselves  and  the  Cherokee  Xatiou,  on  the  other 

1270  part,  that  the  following  Article  shall  be  added  to  and  considered 

1271  as  part  of  the  treaty  made  between  the  United  States  and  the 

1272  said  Cherokee  Xation  on  the  second  day  of  July,  one  thousand 

1273  seven  hundred  and  ninety-one,  to  wit : 

1271  The  sum  to  be  paid  annually  by  the  United  States  to  the 

1275  Cherokee  Nation  of  Indians,  in  consideration  of  the  reliuquish- 

1276  inent  of  land,  as  stated  in  the  treaty  made  with  them  on  the  scc- 

1277  ond  day  of  July,  one  thousand  seven  hundred  and  ninety-one, 

1278  shall  be  one  thousand  five  hundred  dollars  instead  of  one  tliou- 

1279  sand  dollars,  mentioned  in  the  said  treaty. 

1280  Proclaimed  February  7,  1792. 

1281  Treaty  icith  the  Cherokee  Indians. 

1282  Whereas  the  treaty  made  and  concluded  on  Holston  Eiver, 

1283  on  the  second  day  of  July,  one  thousand  seven  hundred  and 

1284  ninety-one,  between  the  United  States  of  America  and  the  Cher 

1285  okee  Nation  of  Indians,  has  not  been  fully  carried  into  execution 

1286  by  reason  of  some  misunderstandings  which  have  arisen  : 

1287  ARTICLE  1.  And  whereas  the   undersigned   Henry  Knox, 

1288  Secretary  for  the  Department  of  War,  being  authorised  thereto 

1289  by  the  President  of  the  United  States,  in  behalf  of  the  said 

1290  United  States,  and  the  undersigned  chiefs  and  warriors,  in  their 

1291  own  names,  and  in  behalf  of  the  whole  Cherokee  Nation,  are 


1292  desirous  of  re-establishing-  peace  and  friendship  between  the  said 

1293  parties  in  a  permanent  manner,  do  hereby  declare  that  the  said 

1294  treaty  of  Holstou  is,  to  all  intents  and  purposes,  in  full  force  and 

1295  binding  upon  the  said  parties,  as  well  in  respect  to  the  boundaries 
1290  therein  mentioned  as  in  all  other  respects  whatever. 

1297  ARTICLE  2.  It  is  hereby  stipulated  that   the    boundaries 

1298  mentioned   in   the  fourth   article   of  the  said  treaty  shall    be 

1299  actually  ascertained  and  marked  in  the  manner  prescribed  by 

1300  the  said  article,  whenever  the  Cherokee  Nation  shall  have  ninety 

1301  days'  notice  of  the  time  and  place  at  which  the  commissioners  of 

1302  the  United  States  intend  to  commence  their  operation. 

1303  ARTICLE  3.  The  United  States,  to  evince  their  justice  by 

1304  amply  compensating  the  said  Cherokee  Nation  of  Indians  for  all 

1305  reliuquishments  of  land  made  either  by  the  treaty  of  Hopewell 
130G  upon  the  Keowee  Eiver,  concluded  on  the  twenty-eighth  of  No- 

1307  vember,  one  thousand  seven  hundred  and  eighty-live,  or  the 

1308  aforesaid  treaty  made  upon  the  Holston  Eiver,  on  the  second  of 

1309  July,  one  thousand  seven  hundred  and  ninety-one,  do  hereby 

1310  stipulate,  in  lieu  of  all  former  sums  to  be"paid  annually,  to  fur- 

1311  nish  the  Cherokee  Indians  with  goods  suitable  for  their  use,  to 

1312  the  amount  of  five  thousand  dollars  yearly. 

1313  ARTICLE  4.  And  the  said  Cherokee  Nation,  in   order  to 

1314  evince  the  sincerity  of  their  intentions  in  future,  to  prevent  the 

1315  practice  of  stealing  horses,  attended  with  the  most  pernicious 

1316  consequences  to  the  lives  and  i>eace  of  both  parties,  do  hereby 

1317  agree,  that  for  every  horse  which  shall  be  stolen  from  the  white 

1318  inhabitants  by  any  Cherokee  Indians,  and  not  returned  within 

1319  three  mouths,  that  the  sum  of  fifty  dollars  shall  be  deducted 

1320  from  the  said  annuity  of  five  thousand  dollars. 

1321  ARTICLE  5.  The  articles  now  stipulated  will  be  considered 

1322  .as  permanent  additions  to  the  treaty  of  Holstou,  as  sooif  as  they 

1323  shall  have  been  ratified  by  the  President  of  the  United  States 

1324  and  the  Senate  of  the  United  States. 

1325  Proclaimed  January  21,  1795. 

1320  Arlielr*  of  a  treaty  between  the  United  State*  of  America-  aiul  the 

1327  Cherokee  Indians. 

Whereas  the  treaty  made  and  concluded  on  Holston  Iviver, 

1329  on  the  second  day  of  July,  in  the  year  one  thousand  seven  huu- 

1330  dred  and  ninety-one,  between  the  United  States  of  America  and 
>31  the  Cherokee  Nation  of  Indians,  had  not  been  carried  into  exe 
cution  for  some  time  thereafter,  by  reason  of  some  misundei- 

1333  standings  which  had  arisen  ;  and 

Whereas  in  order  to  remove  such  misunderstandings,  and 


33 

1335  to  provide  for  carrying  the  said  treaty  into  effect,  and  for  re- 

1336  establishing  more  fully  the  peace  and  friendship  between  the 

1337  parties,  another  treaty  was  held,  made,  and  concluded  by  and 

1338  between  them,  at  Philadelphia,  the  twenty-sixth  day  of  June,  in 

1339  the  year  one  thousand  seven  hundred  and  ninety- four ;  in  which, 

1340  among    other  things,   it  was  stipulated  that  the  boundaries 

1341  mentioned  in  the  fourth  article  of  the  said  treaty  of  Holston 

1342  should  be  actually  ascertained  and  marked  in  the  manner  pre- 
1343  scribed  by  the  said  article,  whenever  the  Cherokee  Nation  should 

1344  have  ninety  days'  notice  of  the  time  and  place  at  which  the  com- 

1345  rnissioners  of  the  United  States  intended  to  commence  their 

1346  operation;  and 

1347  Whereas  further  delays  in  carrying  the  said  fourth  article  into 

1348  complete  effect  did  take  place,  so  that  the  boundaries  mentioned 

1349  and  described  therein  were  not  regularly  ascertained  and  marked 

1350  until  the  latter  part  of  the  year  one  thousand  seven  hundred  and 

1351  ninety-seven  ;  before  which  time,  and  for  want  of  knowing  the  di- 

1352  rect  course  of  the  said  boundary,  divers  settlements  were  made, 

1353  by  divers  citizens  of  the  United  States,  upon  the  Indian  lands  over 

1354  and  beyond  the  boundaries  so  mentioned  and  described  in  the 

1355  said  article,  and  contrary  to  the  intention  of  the  said  treaties ; 

1356  but  which  settlers  were  removed  from  the  said  Indian  lands,  by 

1357  authority  of  the  United  States,  as  soon  after  the  boundaries  had 

1358  been  so  lawfully  ascertained  and  marked  as  the  nature  of  the 

1359  case  had  admitted ;  and 

1360  Whereas  for  the  purpose  of  doing  justice  to  the  Cherokee 
136L  Nation  of  Indians,  and  remedying  iuconveniencies  arising  to 

1362  citizens  of  the  United  States  from  the  adjustment  of  the  bound- 

1363  ary-line    between    the    lands   of    the    Cherokees    and     those 

1364  of  the  United  States,  or  the  citizens  thereof,  or  from  any  other 

1365  cause  in  relation  to  the  Cherokees;  and  in  order  to  promote 

1366  the  interests  and  safety  of  the  said  States,  and  the  citizens 

1367  thereof,  the  President  of  the  United  States,  by  and   with  the 

1368  advice  and  consent  of  the  Senate  thereof,  hath  appointed  George 

1369  Walton,  of  Georgia,  and  the  President  of  the  United  States  hath 

1370  also  appointed  Lieutenant-Colonel  Thomas  Butler,  commanding 

1371  the  troops  of  the  United  States  in  the  State  of  Tennessee,  to  be 

1372  commissioners  for  the  purpose  aforesaid  ;  and  who  on  the  part 

1373  of  the  United  States,  and  the  Cherokee  Nation  by  the  uuder- 

1374  signed  chiefs  and  warriors,  representing  the  said  nation,  have 

1375  agreed  to  the  following  articles,  namely  : 

1376  ARTICLE  1.  The  peace  and  friendship  subsisting  between 

1377  the  United  States  and  the  Cherokee  people  are  hereby  renewed, 

1378  continued,  and  declared  perpetual. 

1379  'ARTICLE  2.  The  treaties  subsisting  between  the  present 

1380  contracting  parties  are  acknowledged  to  be  of  full  and  operat- 

5  I  T 


34 

1381  ing  force ;  together  with  the  construction  and  usage  under  their 

1382  respective  articles,  and  so  to  continue. 

1383  ARTICLE  3.  The  limits  and  boundaries  of  the  Cherokee 

1384  -Nation,  as  stipulated  and  marked  by  the  existing  treaties  between 

1385  the  parties,  shall  be  and  remain  the  same,  where  not  altered  by 
138G  the  present  treaty. 

1387  ARTICLE  4.  la  acknowledgment  for  the  protection  of  the 

1388  United  States,  and  for  the  considerations  hereinafter  expressed 

1389  and  contained,  the  Cherokee  Nation  agree,  and  do  hereby  reliu- 

1390  quish  and  cede  to  the  United  States  all  the  lauds  within  the  fol- 

1391  lowing  points  and  lines,  viz :     From  a  point  on  the  Tennessee 

1392  Elver,  below  Tellico  block-house,  called  the  Wild-cat  Eock,  in  a 

1393  direct  line  to  the  Militia  spring,  near  the  Mary  ville  road  leading 

1394  from  Tellico.    From  the  said  spring  to  the  Chill-howie  Mountain, 

1395  by  a  line  so  to  be  rim  as  will  leave  all  the  farms  on  Nine-mile 
139G  Creek  to  the  northward  and  eastward  of  it ;  and  to  be  continued 

1397  along  Chill-howie  Mountain,  until   it  strikes  Hawkins's  line. 

1398  Thence  along  the  said  line  to  the  great  Iron  Mountain  ;  and  from 

1399  the  top  of  which  a  line  to  be  continued  in  a  soiitheastwardly 

1400  course  to  where  the  most  southwardly  branch  of  Little  Eiver 

1401  crosses  the  divisional  line  to  Tuggaloe  Eiver  :  From  the  place  of 

1402  beginning,  the  Wild-cat  Rock,  down  the  northeast  margin  of  the 

1403  Tennessee  Eiver  (not  including  islands)  to  a  point  or  place  one 

1404  mile  above  the  junction  of  that  river  with  the  Clinch,  and  from 

1405  thence  by  a  line  to  be  drawn  in  a  right  angle,  until  it  intersects 
140G  Hawkins's  line  leading  from  Clinch.     Thence  down  the  said  line 

1407  to  the  river  Clinch  ;  thence  up  the  said  river  to  its  junction  with 

1408  Emmery's  Elver;  and  thence  up  Emmery's  Eiver  to  the  foot  of 

1409  Cumberland  Mountain.     From  thence  aline  to  be  drawn,  uorth- 

1410  eastwardly,  along  the  foot  of  the  mountain,  until  it  intersects 

1411  with  Campbell's  line. 

ARTICLE  5.  To  prevent  all   future  misunderstanding  about 

1413  the  -line  described  in  the  foregoing  article,  two  commissioners 

1414  shall  be  appointed  to  superintend  the  running  and  marking  the 

1415  same,  where  not  ascertained   by  the  rivers,  immediately  after 
141G  signing  this  treaty ;  one  to  be  appointed  by  the  commissioners 

1417  of  the  United  States,  and  the  other  by  the  Cherokee  Nation  ; 

1418  and  who  shall  cause  three  maps  or  charts  thereof  to  be  made 

1419  out;  one   whereof  shall  be  transmitted  and  deposited  in  the 

1420  War  Office  of  the  United  States  ;  another  with  the  executive  of 

1421  the  State  of  Tennessee,  and  the  third  with  the  Cherokee  Nation, 
which  said  line  shall  form  a  part  of  the  boundary  between  the 

1423  United  States  and  the  Cherokee  Nation. 

ARTICLE  G.  In  consideration  of  thereimquishment  and  ces- 

:25  sion  hereby  made,  the  United  States,  upon  signing  'the  present 

1426  treaty,  shall  cause  to  be  delivered   to  the   Cherokees,  goods, 


35 

1427  wares,  and  merchandize,  to  the  amount  of  five  thousand  dollars, 

1428  and  shall  cause  to  be  delivered,  annually,  other  goods,  to  the 

1429  amount  of  one   thousand  dollars,  in  addition   to  the  annuity 

1430  already  provided  for ;  and  will  continue  the  guarantee  of  the 

1431  remainder  of  their  country  forever,  as  made  and  contained  in 

1432  former  treaties. 

ARTICLE  7.  The  Cherokee  Nation  agree,  that  the  Kentucky 

1434  road,  running  between  the  Cumberland  Mountain  and  the  Cum- 

1435  berlaud  Eiver,  where  the  same  shall  pass  through  the  Indian 
1438  land,  shall  be  an  open  and  free  road  for  the  use  of  the  citizens  of 

1437  the  United  States  in  like  manner  as  the  road  from  Southwest 

1438  Point  to  Cumberland  Eiver.     In  consideration  of  which  it  is 

1439  hereby  agreed  on  the  part  of  the  United  States,  that  until  settle- 

1440  ments  shall  make  it  improper,  the  Cherokee  hunters  shall  be  at 

1441  liberty  to  hunt  and  take  game  upon  the  lands  relinquished  and 

1442  ceded  by  this  treaty. 

1443  ARTICLE  8.  Due  notice  shall  be   given  to   the   principal 

1444  towns  of  the  Cherokees,  of  the  time  proposed  for.  delivering  the 

1445  annual  stipends  ;  and  sufficient  supplies  of  provisions  shall  be 

1446  furnished,  by  and  at  the  expense  of  the  United  States,  to  sub- 

1447  sist  such  reasonable  number  that  may  be  sent,  or  shall  attend  to 

1448  receive  them  during  a  reasonable  time. 

1449  ARTICLE  9.  It  is  mutually  agreed  between  the  parties,  that 

1450  horses  stolen  and  not  returned  within  ninety  days  shall  be  paid 

1451  for  at  the  rate  of  sixty  dollars  each  ;  if  stolen  by  a  white  man, 

1452  citizen  of  the  United  States,  the  Indian  proprietor  shall  be  paid 

1453  in  cash  ;  and  if  stolen  by  an  Indian  from  a  citizen,  to  be  deducted 

1454  as  expressed  in  the  fourth  article  of  the  treaty  of  Philadelphia. 

1455  This  article  shall  have  retrospect  to  the  commencement  of  the 

1456  first  conferences  at  this  place  in  the  present  year,  and  no  fur- 

1457  ther.     And  all  animosities,  aggressions,  thefts,  and  pluuderings, 

1458  prior  to  that  day,  shall  cease,  and  be  no  longer  remembered  or 

1459  demanded  on  either  side. 

1460  ARTICLE  10.  The  Cherokee  Nation  agree,  that  the  agent  who 

1461  shall  be  appointed  to  reside  among  them  from   time  to  time 

1462  shall  have  a  sufficient  piece  of  ground  allotted  for  his  temporary 

1463  use. 

1464  And  lastly,  This  treaty,  and  the  several  articles  it  contains, 

1465  shall  be  considered   as  additional  to,   and  forming  a  part  of, 

1466  treaties  already  subsisting  between  the  United  States  and  the 

1467  Cherokee  Nation,  and  shall  be  carried  into  effect  on  both  sides, 

1468  with  all  good  faith,  as  soon  as  the  same  shall  be  approved  and 

1469  ratified  by  the  President  of  the  United  States,  and  the  Senate 

1470  thereof. 

1471  Concluded  October  2,  1798. 


36 

1473  Articles  of  a  treaty  between  the  United  States  of  America  and  the 

1473  Cherokee  Indians. 

1474  Daniel  Smith  and  lletuni  J.  Meigs,  being  commissioned  by 

1475  Thomas  Jefferson,  President  of  the  United  States,  with  powers 

1476  of  acting  in  behalf  of  the  said  United  States,  in  arranging  cer- 

1477  tain  matters  with  the  Cherokee  Nation  of  Indians;  and  the 

1478  underwritten  principal  chiefs,  representing  the  said  nation,  hav- 
1470  ing  met  the  said  commissioners  in  a  .conference  at  Tellico,  and 

1480  having  taken  into  their  consideration  certain  propositions  made 

1481  to  them  by  the  said   commissioners  of  the  United  States  5  the 

1482  parties  aforesaid  have  unanimously  agreed  and  stipulated,  as  is 

1483  definitely  expressed  in  the  following  articles  : 

1484  ARTICLE  1.  For  the  considerations  hereinafter  expressed, 

1485  the  Cherokee  Nation  relinquish  and  cede  to  the  United  States 

1486  a  tract  of  land  bounding,  southerly,  on  the  boundary-line  be- 

1487  tweeii  the  Stateof  Georgia' and  the  said  Cherokee  Nation,  begin- 

1488  ning  at  a  point  on  the  said  boundary-line  northeasterly  of  the 

1489  most  northeast  plantation,  in  the  settlement  known  by  the  name 

1490  of  Watford's  Settlement,  and  running  at  right  angles  with  the 

1491  said  boundary  line  four  miles  into  the  Cherokee  land;  thence 

1492  at  right  angles  southwesterly  and  parallel  to  the  first  mentioned 

1493  boundary -line,  so  far  as  that  a  line,  to  be  run  at  right  angles 

1494  southerly  to  the  said  first  mentioned  boundary -line,  shall  include 

1495  in  this   cession   all  the  plantations  in  Watford's   Settlement, 

1496  ^  so-called,  as  "aforesaid. 

1497  ARTICLE  2.  For  and  in  consideration  of  the  reliuquishnieut 

1498  and  cession,  as  expressed  in  the  first  article,  the  United  States, 

1499  upon  signing  the  present  treaty,  shall  cause  to  be  delivered  to 

1500  the  Cherokees  useful  goods,  wares,  and   merchandise,  to  the 

1501  amount  of  five  thousand   dollars,  or  that  sum  in  money,  at  the 

1502  option  (timely  signified)  of  the  Cherokees,  and  shall,  also,  cause 

1503  to  be  delivered,   annually,  to   them,  other  useful  goods  to  the 

1504  amount  of  one  thousand  dollars,  or  money  to  that  amount,  at 

1505  the  option  of  the  Cherokees,  timely  notice  thereof  being  given, 

1506  in  addition  to  the  annuity  heretofore  stipulated,  and  to  be  de- 

1507  livered  at  the  usual  time  of  their  receiving  their  annuity. 

1508  Proclaimed  May  17,  1804. 

1509  Articles  of  a  treaty  agreed  upon  leticeen  the  United  States  of  Amer- 

1510  ica,  by  their  commissioners,  Return  J,  Meigs  and  Daniel  Smith, 

151 1  appointed  to  hold  conferences  with  the  Cherokee  Indians,  for  the 

1512  purpose  of  arranging  certain  interesting  matters  icith  the  said 
Cherokees,  of  the  one  part,  and  the  undersigned  chiefs  and  head- 

1514  men  of  the  said  nation,  of  the  other  part. 

1515  ARTICLE  1.  All  former  treaties,  which  provide  for  the  main- 


37 

1516  tenance  of  peace  and  preventing  of  crimes,  are  on  this. occasion 

1517  recognized  and  continued  in  force. 

1518  ARTICLE  2.  The  Cherokees  quit  claim   and  cede  to   the 

1519  United  States  all  the  land  which  they  have  heretofore  claimed, 

1520  lying  to  the  north  of  the  following  boundary  line :  beginning 

1521  at  the  mouth  of  Duck  River,  running  thence  up  the  main  stream 

1522  of  the  same  to  the  junction  of  the  fork,  at  the  head  of  which  Fort 

1523  Nash  stood,  with  the  main  south  fork ;  thence  a  direct  course  to 

1524  a  point  on  the  Tennessee  River  bank,  opposite  the  mouth  of 

1525  Hiwassa  River.    If  the  line  from  Hiwassa  should  leave  out 

1526  Field's  Settlement,  it  is  to  be  marked  round  his  improvement, 

1527  and  then  continued  the  straight  course  ;  thence  up  the  middle 

1528  of  the  Tennessee  River,  (but  leaving  all  the  islands  to  the  Cher- 

1529  okeeSj)  to  the  mouth  of  Clinch  River ;  thence  up  the  Clinch 

1530  River  to  the  former  boundary  line  agreed  upon  with  the  said 

1531  Cherokees,  reserving  at  the  same  time  to  the  use  of  the  Cher- 

1532  okees  a  small  tract  lying  at  and  below  the  mouth  of  Clinch 

1533  River  5  from  the  mouth  extending  thence  down  the  Tennessee 

1534  River,  from  the  mouth  of  Clinch  to  a  notable  rock  on  the  north 

1535  bank  of  the  Tennessee,  in  view  from  Southwest  Point ;  thence 
1526  a  course  at  right  angles  with  the  river  to  the  Cumberland  road  ; 

1537  thence  eastwardly  along  the  same,  to  the  bank  of  Clinch  Riverj 

1538  so  as  to  secure  the  ferry  landing  to  the  Cherokees  up  to  the  first 

1539  hill,  and  down  the  same  to  the  mouth  thereof,  together  with  two 

1540  other  sections  of  one  square  mile  each,  one  of  which  is  at  the 

1541  foot  of  Cumberland  Mountain,  at  and  near  the  place  where  the 

1542  turnpike  gate  now  stands ;  the  other  on  the  north  bank  of  the 

1543  Tennessee  River,  where  the  Cherokee  Talootiske  now  lives.    And 

1544  whereas,  from  the  present  cession  made  by  the  Cherokees,  and 

1545  other  circumstances,  the  site  of  the  garrisons  at  South  West 

1546  Point  and  Tellico  are  become  not  the  most  convenient  and  suit- 

1547  able  places  for  the  accommodation  of  the  said  Indians,  it  may 

1548  become  expedient  to  remove  the  said  garrisons  and  factory  to 

1549  some  more  suitable  place,  three  other  square  miles  are  reserved 

1550  for  the  particular  disposal  of  the  United  States  on  the  north 

1551  bank  of  the  Tennessee,  opposite  to  and  below  the  mouth  of 

1552  Hiwassa. 

1553  ARTICLE  3.  In  consideration  of  the  above  cession  and  relin- 

1554  quishmeut,  the  United  States  agree  to  pay  immediately  three 

1555  thousand  dollars  in  valuable  merchandize,  and  eleven  thousand 

1556  dollars  within  ninety  days  after  the  ratification  of  this  treaty,  and 

1557  also  an  annuity  of  three  thousand  dollars,  the  commencement  of 

1558  which  is  this  date.    But  so  much  of  the  said  eleven  thousand 

1559  dollars  as  the  said  Cherokees  may  agree  to  accept  in  useful  arti. 

1560  cles  of  and  machines  for  agriculture  and  manufactures,  shall  be 

1561  paid  in  those  articles,  at  their  option. 


1502  ARTICLE  4.  The  citizens  of  the  United  States  shall  have  the 

1563  free  and  unmolested  use  and  enjoyment  of  the  two  following  cle- 

1564  scribed  roads,  in  addition  to  those  which  are  at  present  estab- 
15G5  lishcd  through  their  country ;  one  to  proceed  from  some  convenient 
1566  place  near  the  head  of  Stone's  Eiver,  and  fall  into  the  Georgia 
15G7  road  at  a  suitable  place  towards  the  southern  frontier  of  the 
1568  Cherokees.    The  other  to  proceed  from  the  neighbourhood  of 
15G9  Franklin,  on  Big  Harpath,  and  crossing  the  Tennessee  at  or  near 

1570  the  Muscle  Shoals,  to  pursue  the  nearest  and  best  way  to  the 

1571  settlements  on  the  Tombigbee.     These  roads  shall  be  viewed  and 

1572  marked  out  by  men  appointed  on  each  side  for  that  purpose,  in 

1573  order  that  they  may  be  directed  the  nearest  and  best  ways,  and 

1574  the  time  of  doing  the  business  the  Cherokees  shall   be   duly 

1575  notified. 

1576  ARTICLE  5.  This  treaty  shall  take  effect  and  be  obligatory 

1577  on  the  contracting  parties  as  soon  as  it  is  ratified  by  the  Presi- 

1578  dent  of  the  United  States,  by  and  with  the  advice  and  consent 

1579  of  the  Senate  of  the  same. 

1580  Proclaimed  April  24,  180G. 

1581  Articles  of  a  treaty  between  the  United  States  of  America,  by  their 

1582  commissioners,  Return  J.  Meiys  and  Daniel  Smith,  icho  are 

1583  appointed  to  hold  conferences  with  the  Cherokees  for  the  purpose 

1584  of  arranging  certain  interesting  matters  with  the  said  Indian*, 

1585  of  the  one  part.,  and  the  undersigned  chiefs  and  head-men  of  the 

1586  .     Cherokees,  of  the  other  part. 

1587  ARTICLE  1.  Whereas  it  has  been  represented  by  the  one 

1588  party  to  the  other,  that  the  section  of  land  on  which  the  garrison 

1589  of  South  West  Point  stands,  and  which  extends  to  Kingston,  is 

1590  likely  to  be  a  desirable  place  for  the  assembly  of  the  State  of 

1591  Tennessee  to  convene  at,  (a  committee  from  that  body  now  in 

1592  session  having  viewed  the  situation,)  now  the  Cherokees  being 

1593  possessed  of  a  spirit  of  conciliation,  and  seeing  that  this  tract  is 

1594  desired  for  public  purposes,  and  not  for  individual  advantages, 

1595  (reserving  the  ferries  to  themselves,)  quit  claim  and  cede  to  the 

1 596  United  States  the  said  section  of  land,  understanding  at  the  same 

1597  time  that  the  buildings  erected  by  the  public  are  to  belong  to 

1598  the  public,  as  well  as  the  occupation  of  the  same,  during  the 

1599  pleasure  of  the  Government;  we  also  cede"  to  the  United  States 
1GOO  the  first  island  in  the  Tennessee,  above  the  mouth  of  Clinch. 
1G01  ARTICLE  2.  And  whereas  the  mail  of  the  United  States  is 

1602  ordered  to  be  carried  from  Knoxville  to  New  Orleans,  through 

1603  the    Cherokee,  Creek  and  Choctaw  countries,  the  Cherokees 

1604  agree  that  the  citizens  of  the  United  States  shall  have,  so  far  as 

1605  it  goes  through  their  country,  the  free  and  unmolested  use  of  a 


39 

1606  road  leading  from  Tellico  to  Tombigbe,  to  be  laid  out  by  viewers 

1607  appointed  on  both  sides,  who  shall  direct  it  the  nearest  and  best 

1608  way ;  and  the  time  of  doing  the  business  the  Cherokees  shall  be 

1609  notified  of. 

1610  ARTICLE  3.  In  consideration  of  the  above  cession  and  re- 

1611  linquishment,  the  United  States  agree  to  pay  to  the  said  Cher- 

1612  okee   Lndians  sixteen  hundred  dollars  in  money,  or  useful  mer- 

1613  chandize,  at  their  option,  within  ninety  days  after  the  ratification 

1614  of  this  treaty. 

1615  ARTICLE  4.  This  treaty  shall  be  obligatory  between  the  con- 

1616  tracting  parties  as  soon  as  it  is  ratified  by  the  President,  by  and 

1617  with  the  advice  and  consent  of  the  Senate  of  the  United  States. 

1618  Proclaimed  June  10,  1806. 


1619  A  convention  between  the  United  States  and  the  Cherokee  Nation  of 

1620  Indians,  concluded  at  the  city  of  Washington,  on  the  seventh 

1621  day  of  January,  in  the  year  one  thousand  eight  hundred  and 

1622  sijc. 

1623  Articles  of  a  convention  made  between  Henry  Dearborn, 

1624  secretary  of  war,  being  specially  authorized  thereto  by  the  Pres- 

1625  ident  of  the  United  States,  and^the  undersigned  chiefs  and  head- 

1626  men  of  the  Cherokee  Nation  of  Indians,  duly  Authorized  and  em- 

1627  powered  by  said  nation. 

1628  ARTICLE  1.  The  undersigned  chiefs  and  head-men  of  the 

1629  Cherokee  Nation  of  Indians,  for  themselves  and  in  behalf  of  their 

1630  nation,  relinquish  to  the  United  States  all  right,  title,  interest 

1631  and  claim,  which  they  or  their  nation  have  or  ever  had  to  all 

1632  that  tract  of  country  which  lies  to  the  northward  of  the  river 

1633  Tennessee  and  westward  of  a  line  to  be  run  from  the  upper  part 

1634  of  the  Chickasaw  Old  Fields,  at  the  upper  point  of  an  island, 

1635  called  Chickasaw  Island,  on  said  river,  to  the  most  easterly  head 

1636  waters  of  that  branch  of  said  Tennessee  Elver  called  Duck  River, 

1637  excepting  the  two  following  described  tracts,  viz,  one  tract 

1638  bounded  southerly  on  the  said  Tennessee  River,  at  a  place  called 

1639  the  Muscle  Shoals,  westerly  by  a  creek  called  Te  Kee,  ta,  no-eh 

1640  or  Cyprus  Creek,  and  easterly  by  Chu,  wa,  lee,  or  Elk  River  or 

1641  Creek,  and  northerly  by  a  line  to  be  drawn  from  a  point  on  said 

1642  Elk  River  ten  miles  on  a  direct  line  from  its  mouth  or  junction 

1643  with  Tennessee  River,  to  a  point  on  the  said  Cyprus  Creek,  ten 

1644  miles  on  a  direct  line  from  its  junction  with  the  Tennessee  River. 

1645  The  other  tract  is  to  be  two  miles  in  width  on  the  north  side 

1646  of  Tennessee  River,  and  to  extend  northerly  from  that  river 

1647  three  miles,  and  bounded  as  follows,  viz,  beginning  at  the  mouth 

1648  of  Spring  Creek,. and  running  up  said  creek  three  miles  on  a 

1649  straight  line,  thence  westerly  two  miles  at  right  angles  with  the 


40 

1G50  general  course  of  said  creek,  thence  southerly  on  a  line  parallel 

1651  with  the  general  course  of  said  creek  to  the  Tennessee  River, 

1652  theuce  up  said  river  by  its  waters  to  the  beginning:  which  first 

1653  reserved  tract  is  to  be  considered  the  common  property  of  the 

1654  *  Cherokees  who  now  live  on  the  same,  including  John  D.  Ches- 

1655  holm,  Au,  tow,  we,  and  Cheh  Chuh,  and  the  other  reserved  tract 

1656  on  which  Moses  Melton  now  lives  is  to  be  considered  the  prop- 

1657  erty  of  said  Melton  and  of  Charles  Hicks,  in  equal  shares. 

1658  And  the  said  chiefs  and  head-men  also  agree  to  relinquish 

1659  to  the  United  States  all  right  or  claim  which  they  or  their  nation 

1660  have  to  what  is  called  the  Long  Island  in  Holston  River. 

1661  ARTICLE  2.  The  said  Ileury  Dearborn  on  the  part  of  the 

1662  United  States  hereby  stipulates  and  agrees  that  in  consideration 

1663  of  the  relinquishmeut  of  title  by  the  Cherokees,  as  stated  in  the 

1664  preceding  article,  the  United  States  will  pay  to  the  Cherokee 

1665  Nation  two  thousand  dollars  in  money  as  soon  as  this  convention 

1666  shall  be  duly  ratified  by  the  Government  of  the  United  States ; 

1667  and  two  thousand  dollars  in  each  of  the  four  succeeding  years, 

1668  amounting  in  the  whole  to  ten  thousand  dollars  ;  and  that  a  grist- 

1669  mill  shall,  within  one  year  from  the  date  hereof,  be  built  in  the 

1670  Cherokee  county,  for  the  use  of  the  nation,  at  such  place  as 

1671  shall  be  considered  most  convenient ;   that  the  said  Cherokees 

1672  shall  be  furnished  with  a  machine  for  cleaning  cotton ;  and  also, 

1673  that  the  old  Cherokee  chief,  called  the  Black  Fox,  shall  be 

1674  paid  annually  one  hundred  dollars  by  the  United  States  during 

1675  his  life. 

1676  ARTICLE  3.  It  is  also  agreed  on  the  part  of  the"  United 

1677  States,  that  the. Government  thereof  will  use  its  influence  and 

1678  best  endeavors  to  prevail  on  the  Chickasaw  Nation  of  Indians  to 

1679  agree  to  tbe  following  boundary  between  that  nation  and  the 

1680  Cherokees  to  the  southward  of  the  Tennessee  River,  viz,  begin- 

1681  ning  at  the  mouth  of  Cauey  Creek  near  the  lower  part  of  the 

1682  Muscle  Shoals,  and  to  run  up  said  creek  to  its  head,  and  in  a 

1683  direct  line  from  thence  to  the  Flat  Stone  or  Rock,  the  old  corner 

1684  boundary. 

1685  But  it  is  understood  by  the  contracting  parties  that  the 

1686  United  States  do  not  engage  to  have  the  aforesaid  line  or  bound- 

1687  ary  established,  but  only  to  endeavor  to  prevail  on  the  Cbicka- 

1688  s  iw  Nation  to  consent  to  such  a  line  as  the  boundary  between  the 

1689  two  nations. 

1G90  ARTICLE  4.  It  is  further  agreed  on  the  part  of  the  United 

1691  States  that  the  claims  which  the  Chickasaws  may  have  to  the 

1632  two  tracts  reserved  by  the  first  article  of  this  convention  en  the 

1693  north  side  of  the  Tennessee  River,  shall  be  settled  by  the  United 
States  in  such  manner  as  will  be  equitable,  and  will  secure  to 

1695  the  Cherokees  the  title  to  the  said  reservations. 

1696  reclaimed  May  23,  1807. 


41 

1697  Elucidation  of  a  convention  icith  the  Cherokee  Nation. 

1698  Whereas  by  the  first  article  of  a  convention  between  the 
1G99     United  States  and  the  Cherokee  Nation,  entered  into  at  the 

1700  city  of  Washington,  on  the  seventh  day  of  January,  one  thou- 

1701  sand  eight  hundred  and  six,  it  was  intended  on  the  part  of  the 

1702  Cherokee  Nation,  and  so  understood  by  the  Secretary  of  War, 
170,3  the  commissioner  on  the  part  of  the  United  States,  to  cede  to 

1704  the  United  States  all  the  right,  title,  and  interest  which  the  said 

1705  Cherokee  Is  at  ion  ever  had  to  a  tract  of  country  contained  be- 
1700    tween  the  Tennessee  River  and  the  Tennessee  ridge  (so-called ;) 

1707  which  tract  of  country  had,  since  the  year  one  thousand  seven 

1708  hundred  and  ninety-four,  been  claimed  by  the  Cherokees  and 

1709  the  Chickasaws;  the  eastern  boundary  whereof  is  limited  by  a 

1710  line  so  to  be  run  from   the  upper  part  of  the  Chickasaw  Old 

1711  Fields,  as  to  include  all  the  waters  of  Elk  River,  anything  ex- 

1712  pressed  in  said  convention  to  the  contrary  notwithstanding:    It 

1713  is  therefore  now  declared  by  James  Robertson  and  Return  J. 

1714  Meigs,  acting  under  the  authori ty  of  the  Executive  of  the  United 

1715  States,  and  by  a  delegation  of  Cherokee  chiefs,  of  whom  Euno- 

1716  lee  or  Black  Fox,  the  king  or  head  chief  of  said  Cherokee  Nation, 

1717  acting  on  the  part  of,  and  in  behalf  of  said  nation,  is  one,  that 

1718  the  eastern  limits  of  said  ceded  tract  shall  be  bounded  by  a  line  so 

1719  to  be  run  from  the  upper  end  of  the  Chickasaw  Old  Fields,  a 

1720  little  above   the   upper  point  of  an  island  called  Chickasaw 

1721  Island,  as  will  most  directly  intersect  the  first  waters  of  Elk 

1722  River,  thence  carried  to  the  Great  Cumberland  Mountain,  in 

1723  which  the  waters  of  Elk  River  have  their  source,  then  along  the 

1724  margin  of  said  mountain  untill  it  shall  intersect  lands  hereto- 

1725  fore  ceded  to  the  United  States,  at  the  said  Tennessee  ridge. 

1726  And  in  consideration  of  the  readiness  shown  by  the  Cherokees 

1727  to  explain,  and  to  place  the  limits  of  the  land  ceded  by  the  said 

1728  convention  out  of  all  doubt,  and  in  consideration  of  their  ex- 

1729  penses  in  attending  council,  the  Executive  of  the  United  States 

1730  will  direct  that  the  Cherokee  Nation  shall  receive  the  sum  of 

1731  two  thousand  dollars,  to  be  paid  to  them  by  their  agent,  at  such 

1732  time  as  the  said  Executive  shall  direct,  and  that  the  Cherokee 

1733  hunters,  as  hath  been  the  custom  in  such  cases,  may  hunt  on 
1731  said  ceded  tract,  until  by  the  fullness  of  settlers  it  shall  become 

1735  improper.     And  it  is  hereby  declared  by  the  parties,  that  this 

1736  explanation  ought  to  be  considered  as  a  just  elucidation  of  the 

1737  cession  made  by  the  first  article  of  said  convention. 

1738  Proclaimed  April  22,  1808. 

6  IT 


'    42 

1739  Articles  of  a  treaty  made  and  concluded  at  the  city  of  Washington, 

1740  on  the  twenty -second  (lay  of  March,  one  thousand  eight  hundred 

1741  and  sixteen,  between  George  Graham,  being  specialty  authorized 

1742  by  the  President  of  the  United  States  thereto,  and  the  under  - 

1 743  signed  ch  iefs  and  head-men  of  the  Cherokee  Ration,  duly  a uthor- 

1744  izedand  empowered  by  the  said  nation. 

1745  ARTICLE  1.    Whereas  the  executive  of  the  State  of  South 

1746  Carolina  has  made  an  application  to  the  President  of  the  United 

1747  States  to  extinguish  the  claim  of  the  Cherokee  Nation  to  that 

1748  part  of  their  lands  which  lie  within  the  boundaries  of  the  said 

1749  State,  as  lately  established  and  agreed  upon  between  that  State 

1750  and  the  State  of  North  Carolina ;  and  as  the  Cherokee  Nation 

1751  is  disposed  to  comply  with  the  wishes  of  their  brothers  of  South 

1752  Carolina,  they  have  agreed  and  do  hereby  agree  to  cede  to  the 

1753  State  of  South  Carolina,  and  forever  quit  claim  to,  the  tract  of 

1754  country  contained  within  the  following  bounds,  viz,  beginning 

1755  on  the  east  bank  of  the  Chattuga  River,  where  the  boundary  - 

1756  line  of  the  Cherokee  Nation  crosses  the  same,  running  thence, 

1757  with  the  said  boundary-line,  to  a  rock  on  the  Blue  Ridge,  where 

1758  the  boundary-line  crosses  the  same,  and  which  rock  has  been 

1759  lately  established  as  a  corner  to  the  States  of  North  and  South 

1760  Carolina;  running  thence,  south,  sixty-eight  and  a  quarter  de- 

1761  grees  west,  twenty  miles  and  thirty-two  chains,  to  a  rock  on  the 

1762  Chattuga  liiver  at  the  thirty-fifth  degree  of  north  latitude,  an- 

1763  other  corner  of  the  boundaries  agreed  upon  by  the  States  of 

1764  North  and  South  Carolina;  thence,  down  and  with  the  Chat- 

1765  tuga,  to  the  beginning. 

1766  ARTICLE  2.  For  and  in  consideration  of  the  above  cession, 

1767  the  United  States  promise  and  engage  that  the  State  of  South 

1 768  Carolina  shall  pay  to  the  Cherokee  Nation,  or  its  accredited  agent , 

1769  the  sum  of  live  thousand  dollars,  within  ninety  days  after  the 

1770  President  and  Senate  shall  have  ratified  this  treaty  :  Provided, 

1771  That  the  Cherokee  Nation  shall  have  sanctioned  the  same  in 

1772  council :  And  provided  also,  That  the  executive  of  the  State  of 

1773  South  Carolina  shall  approve  of  the  stipulations  contained  in 

1774  this  article. 

1775  Ratified  April  8,  1810. 

1776  Articles  of  a  convention  made  and  entered  into  between   George 

1777  Graham,  specially  authorized  thereto  ly  the  President  of  the 

1778  United  States,  and  the  undersigned  chiefs  and  head-men  of  the 

1779  Cherokee  Nation,  duly  authorized  and  empowered  by  the  said 

1780  nation. 

1781  ARTICLE  1.  Whereas  doubts  have  existed  in  relation  to  the 

1782  northern  boundary  of  that  part  of  the  Creek  lands  lying  west 


43 

1783  of  the  Coosa  Biver,  and  which  were  ceded  to  the  United  States 

1784  by  the  treaty  held  at  Fort  Jackson,  on  the  ninth  day  of  August, 

1785  one  thousand  eight  hundred  and  fourteen  ;  and  whereas,  by  the 
1780  third  article  of  the  treaty  dated  the  seventh  of  January,  one 
1787  thousand  eight  hundred  and  six,  between  the  United  States  and 
L788  the  Cherokee  Nation,  the  United  States  have  recognised  a  claim 

1789  on  the  part  of  the  Cherokee  Nation  to  the  land  south  of  the 

1790  Big  Bend  of  the  Tennessee  River,  and  extending  as  far  west  as 

1791  a  place  on  the  waters  of  Bear  Creek,  [a  branch  of  the  Tennes- 

1792  see  Biver,]  known  by  the  name  of  the  Flat  Bock,  or  Stone;  it 

1793  is  therefore  now  declared  and  agreed,  tb at  a  line  shall  be  run 

1794  from  a  point  on  the  west  bank  of  the  Coosa  Biver,  opposite  to 

1795  the  lower  end  of  the  Ten  Islands  in  said  river,  and  above  Fort 

1796  Strother,  directly  to  the  Flat  Bock  or  Stone,  on  Bear  Creek,  [a 

1797  branch  of  the  Tennessee  Biver ;]  which  line  shall  be  established 

1798  as  the  boundary  of  the  lands  ceded  by  the  Creek  Nation  to  the 

1799  United  States  by  the  treaty  held  at  Fort  Jackson,  on  the  ninth 

1800  day  of  August,  one  thousand  eight  hundred  and  fourteen,  and 

1801  of  the  lands  claimed  by  the  Cherokee  Nation  lying  west  of  the 

1802  Coosa  and  south  of  the  Tennessee  Rivers. 

1803  ARTICLE  2.  It  is  expressly  agreed  on  the  part  of  the  Chero- 
1801  kee  Nation  that  the  United  States  shall  have  the  right  to  lay 

1805  off,  open,  and  have  the  free  use  of,  such  road  or  roads,  through 

1806  any  part  of  the  Cherokee  Nation,  lyiug  north  of  the  boundary  - 

1807  line  now  established,  as  may  be  deemed  necessary  for  the  free 

1808  intercourse  between  the  States  of  Tennessee  and  Georgia  and 

1809  the  Mississippi  Territory.      And   the  citizens  of  the  United 
1.810  States  shall  freely  navigate  and  use,  as  a  highway,  all  the  rivers 

1811  and  waters  within  the  Cherokee  Nation.    The  Cherokee  Nation 

1812  further  agree  to  establish  and  keep  up,  on  the  roads  to  be  opened 

1813  under  the  sanction  of  this  article,  such  ferries  and  public  houses 

1814  as  may  be  necessary  for  the  accommodation  of  the  citizens  of 

1815  the  United  States. 

1816  ARTICLE  3.    In  order  to  preclude  auy  dispute  hereafter 

1817  relative  to  the   boundary-line   now   established,   it  is   hereby 

1818  agreed  that  the  Cherokee  Nation  shall  appoint  two  commission- 

1819  ers  to  accompany  the  commissioners  already  appointed  on  the 

1820  part  of  the  United  States  to  run  the  boundary -lines  of  the  lands 

1821  ceded  by  the  Creek  Nation  to  the  United  States,  while  they  are 

1822  engaged  in  running  that  part  of  the  boundary  established  by 

1823  the  first  article  of  this  treaty. 

1824  ARTICLE  4.  In  order  to  avoid  unnecessary  expense  and 

1825  delay,  it  is  further  agreed  that,  whenever  the  President  of  the 

1826  United  States  may  deem  it  expedient  to  open  a  road  through  any 

1827  part  of  the  Cherokee  Nation,  in  pursuance  of  the  stipulations 

1828  of  the   second  article  of  this  convention,  the  principal  chief  of 


44 

1829  the  Cherokee  Nation  shall  appoint  one  commissioner  to  accom- 

1830  pany  the  commissioners  appointed   by  the  President  of  the 

1831  United  States,  to  lay  off  and  mark  the  road ;  and  the  said  com- 

1832  missioner  shall  be  paid  by  the  United  States. 

1833  ARTICLE  5.  The  United  States  agree  to  indemnify  the  indi- 

1834  viduals  of  the  Cherokee  Nation  for  losses  sustained  by  them  in 

1835  consequence  of  the  march  of  the  militia  and  other  troops  in  the 
183G    service  of  the  United  States  through  that  nation ;  which  losses 

1837  have  been  ascertained  by  the  agents  of  the  United  States  to 

1838  amount  to  twenty-five  thousand  five  hundred  dollars. 

1839  Ratified  Aprir8,*1816. 

1840  Treaty  with  the  Cherokees. 

1841  To  perpetuate  peace  and  friendship  between  the  United 

1842  States  and  Cherokee  tribe,  or  nation,  of  Indians,  and  to  remove 

1843  all  future  causes  of  dissension  which  may  arise  from  indefinite 

1844  territorial  boundaries,  the  President  of  the  United  States  of 

1845  America,  by  Major  General  Andrew  Jackson,  General  David 
1840  Meri wether,  and  Jesse  Franklin,  esquire,  commissioners  pleuipo- 
3847  tentiary,  on  the  one  part,  and  the   Cherokee  delegates  on  the 

1848  other,  covenant  and  agree  to  the  following  articles  and  condi- 

1849  tions,  which,  when  approved  by  the  Cherokee  Nation,  and  con- 

1850  stitutionally  ratified  by  the  Government  of  the  United  States, 

1851  shall  be  binding  on  all  parties  : 

1852  ARTICLE  1.  Peace  and  friendship  are  hereby  firmly  estab- 

1853  lished  between  the  United  States  and  Cherokee  Nation,  or  tribe, 

1854  of  Indians. 

1855  ARTICLE  2.  The  Cherokee  Nation  acknowledge  the  follow- 

1856  ing  as  their  western  boundary:    South  of  the   Tennessee  Hi ver, 

1857  commencing  at  Camp  Coffee,  on  the  south  side  of  the  Tennessee 

1858  River,  which  is  opposite  the  Chickasaw  Island,  running  from 

1859  thence  a  due  south  course   to  the  top  of  the   dividing  ridge 

1860  between  the  waters  of  the  Tennessee  and  To  mbigbee  Rivers; 

1861  thence  eastwardly  along  said  ridge,  leaving  the  head-waters  of 

1862  the  Black  Warrior  to  the  right  hand,  until  opposed  by  the  west 

1863  branch  of  Well's  Creek,  down  the  east  bank  of  said  creek  to  the 

1864  Coosa  River,  and  down  said  river. 

1865  ARTICLE  3.  The  Cherokee  Nation  relinquish  to  the  United 

1866  States  all  claim,  and  cede  all  title,  to  lands  laying  south  and  west 

1867  of  the  line,  as  described  in  the  second  article  ;  and,  in  corusider- 

1868  ation  of  said  relinquishment  and  cession,  the  commissioners 
J869  agree  to  allow  the  Cherokee  Nation  an  annuity  of  six  thousand 
IH70  dollars,  to  continue  for  ten  successive  yeans,  and  five  thousand 
1871  dollars,  to  be  paid  in  sixty  days  after  the  ratification  of  the 


45 

1872  treaty,  as  a  compensation  for  any  improvements  which  the  said 

1873  nation  may  have  had  on  the  lands  surrendered. 

1874  ARTICLE  4.  The  two  contracting  parties  covenant  and  agree 

1875  that  the  line,  as  described  in  the  second  article,  shall  be  ascer- 

1876  tained  and  marked  by  commissioners,  to  be  appointed  by  the 

1877  President  of  the  United  States  ;  that  the  marks  shall  be  bold; 

1878  trees  to  be  blazed  on  both  sides  of  the  line,  and  the  fore  and  aft 

1879  trees  to  be  marked  with  the  letters  U.  S.  5  that  the  comuiission- 

1880  ers  shall  be  accompanied  by  two  persons,  to  be  appointed  by 

1881  the  Cherokee  Nation,  and  that  said  nation  shall  have  due  and 

1882  seasonable  notice  when  said  operation  is  to  be  commenced. 

1883  ARTICLE  5.    It  is  stipulated  that  the  Cherokee  Nation  will 

1884  meet  General  Andrew  Jackson,  General  David  Meriwether,  and 

1885  Jesse  Franklin,  esquire,  in  council,  at  Turkey's  Town,  Coosa 

1886  River,  on  the  28th  of  September,  (instant,)  there  and  then  to 

1887  express  their  approbation,  or  not,  of  the  articles  of  this  treaty  ; 

1888  and  if  they  do  not  assemble  at  the  time  and  place  specified,  it  is 

1889  understood  that  the  said  commissioners  may  report  the  same  as 

1890  a  tacit  ratification,  on  the  part  of  the  Cherokee  Nation,  of  this 

1891  treaty. 

1892  Proclaimed  December  30,  1816. 


1893  Articles  of  a   treat)/   concluded,  at  the    Cherokee   agency,    within 

1894  the  Cherokee  Nation^  between  Major- General  Andrew  Jackson, 

1895  Joseph  M'Minn,  governor  of  the  State  of  Tennessee,  and  General 

1896  David  Meriwether,  commissioners  plenipotentiary  of  the  United 

1897  States  of  America,  of  the  one  part,  and  the  chiefs,  head-men,  and 

1898  warriors  of  the  Cherokee  Nat  ion  east  of  the  Mississippi  River, 

1899  and  the  chiefs,  head-men,  and  ivarriors  of  the  Cherokees  on  the 

1900  Arkansas  River,  and  their  deputies,  John  D.    Chisholm  and 

1901  James  Rogers,  duly  authorized  by  the  chiefs  of  the  Cherokees  on 

1902  the  Arkansas  River,  in  open  council,  by  written  power  of  attor- 

1903  ney,  duly  signed  and  executed,  in  presence  of  Joseph  Serier 

1904  and  William  Ware. 

1905  Whereas  in  the  autumn  of  the  year  one  thousand  eight  huu- 

1906  dred  and  eight,  a  deputation  from  the  Upper  and  Lower  Cbero- 

1907  kee  towns,  duly  authorized  by  their  nation,  went  on  to  the  city 

1908  of  Washington,  the  first  named  to  declare  to  the  President  ot 

1909  the  United  States  their  anxious  desire  to  engage  in  the  pursuits 

1910  of  agriculture  and  civilized  life  in  the  country  they  then  occu- 

1911  pied,  and  to  make  known  to  the  President  of  the  United  States 

1912  the  impracticability  of  inducing  the  nation  at  large  to  do  this, 

1913  and  to  request  the  establishment  of  a  division  line  between  the 

1914  upper  and  lower  towns,  so  as  to  include  all  the  waters  of  the 

1915  Hiwassee  River  to  the  upper  town,  that,  by  thus  contracting 


46 

1916  their  .society  within  narrow  limits,  they  proposed  to  begin  the 

1917  establishment    of  fixed  laws  and  a  regular   government ;   the 

1918  deputies  from  the  lower  towns  to  make  known  their  desire  to 

1919  continue  the  hunter  life,  and  also  the  scarcity  of  game  where 

1920  they  then  lived,  and,  under  those  circumstances,  their  wish  to 

1921  remove  across  the  Mississippi  River,  on  some  vacant  lands  of  the 

1922  United  States.    And  whereas  the  President  of  the  United  States, 

1923  after  maturely  considering  the  petitions  of  both  parties,  on  the 

1924  ninth  day  of  January,  A.  J).  one  thousand  eight  hundred  and 

1925  nine,  including  other  subjects,  answered  those  petitions  as  fol- 

1926  lows  :  u  The  United  States,  my  children,  are  the  friends  of  both 

1927  parties,  and  as  far  as  can  be  reasonably  asked  they  are  willing 

1928  to  satisfy  the  wishes  of  both.    Those  who  remain  may  be  as- 

1929  sured  of  our  patronage,  our  aid,  and  good  neighborhood.    Those 

1930  who  wish  to  remove  are  permitted  to  send  an  exploring  party 

1931  to  reconnoitre  the  country  on  the  waters  of  the  Arkansas  and 

1932  White  Rivers,  and  the  higher  up  the  better,  as  they  will  be  the 

1933  longer  unapproached  by  our  settlements,  which  will  begin  at 

1934  the  mouths  of  those  rivers.    The  regular  districts  of  the  gov- 

1935  eminent  of  St.  Louis  are  already  laid  off  to  the  St.  Francis. 

1936  "When  this  party  shall  have  found  a  tract  of  country  suit- 

1937  ing  the  emigrants,  and  not  claimed  by  other  Indians,  we  will 

1938  arrange  with  them  and  you  the  exchange  of  that  for  a  just  por- 

1939  tiou  of  the  country  they  leave,  and  to  a  part  of  which,  propor- 

1940  tioued  to  their  numbers,  they  have  a  right.    Every  aid  towards 

1941  their  removal,  and  what  will  be  necessary  for  them  there,  will 

1942  then  be  freely  administered  to  them  ;  and  when  established  in 

1943  their  new  settlements,  we  shall  still  consider  them  as  our  children, 

1944  give  them  the  benefit  of  exchanging  their  peltries  for  what  they 

1945  will  want  at  our  factories,  and  always  hold  them  firmly  by  the 

1946  hand." 

1947  And  whereas  the  Cherokees,  relying  on  the  promises  of  the 

1948  President  of  the  United  States,  as  above  recited,  did  explore 

1949  the  country  on  the  west  side  of  the  Mississippi,  and  made  choice 

1950  of  the  country  on  the  Arkansas  and  White  Rivers,  and  settled 

1951  themselves  down  upon  United  States'  lands,  to  which  no  other 

1952  tribe  of  Indians  have  any  just  claim,  and  have  duly  notified  the 

1953  President  of  the  United  States  thereof,  and  of  their  anxious 

1954  desire  for  the  full  and  complete  ratification  of  his  promise,  and? 

1955  to  that  end.  as  notified  by  the  President  of  the  United  States, 

1956  have  sent  on  their  agents,  with  full  powers  to  execute  a  treaty, 

1957  relinquishing  to  the  United  States  all  the  right,  title,  and  inter- 

1958  est  to  all  lands  of  right  to  them  belonging,  as  part  of  the  Chero- 

1959  kee  Nation,  which  they  have  left,  and  which  they  are  about  to 

1960  leave,  proportioned  to  their  numbers,  including,  with  those  now 

1961  on  the  Arkansas,  those  who  are  about  to  remove  thither,  and  to 


47 

1962  a  portion  of  which  they  have  an  equal  right  agreeably  to  their 
19G3     numbers. 

1964  Now,  know  ye,  that  the  contracting  parties,  to  carry  into 

1965  full  effect  the  before-recited  promises  with  good  faith,  and  to 

1966  promote  a  continuation  of  friendship  with  their  brothers  on  the 

1967  Arkansas  Elver,  and  for  that  purpose  to  make  an  equal  distribu- 

1968  tion  of  the  annuities  secured  to  be  paid  by  the  United  States  to 

1969  the  whole  Cherokee  Nation,  have  agreed  and  concluded  on  the 

1970  following  articles,  viz  : 

1971  ARTICLE  1.    The   chiefs,   head-men,   and   warriors   of  the 

1972  whole  Cherokee  Nation,  cede  to  the  United  States  all  the  lands 

1973  lying  north  and  east  of  the  following  boundaries,  viz:  Beginning 
1971  at  the  high  shoals  of  the  Appalachy  River,  and  running  thence 

1975  along  the  boundary  line  between  the  Creek  and  Cherokee  Na- 

1976  tions,  westwardly  to  the  Chatahouchy  River;  thence   up  the 

1977  Chatahouchy  River,  to  the  mouth  of  Souque  Creek ;  thence  con- 

1978  tiuuing  with  the  general  course  of  the  river  until  it  reaches  the 

1979  Indian  boundary  line,  and,  should  it  strike  the  Turrurar  River, 

1980  thence,  with  its  meanders,  down  said  river  to  its  mouth,  in  part 

1981  of  the  proportion  of  land  in  the  Cherokee  Nation  east  of  the 

1982  Mississippi,  to   which  those  now  on  the  Arkansas  and   those 

1983  about  to  remove  there  are  justly  entitled. 

1984  ARTICLE  2.  The  chiefs,  head-men,  and  warriors  of  the  whole 

1985  Cherokee  Nation  do  also  cede  to  the  United  States  all  the  lands ' 

1986  lying  north  and  west  of  the  following  boundary  lines,  viz  :  Be- 

1987  ginning  at  the  Indian   boundary  line  that  runs  from  the  north 

1988  bank  of  the  Tennessee  River,  opposite  to  the  mouth  of  Hywassee* 

1989  River,  at  a  point  on  the  top  of  Walden's  Ridge,  where  it  divides 

1990  the  waters  of  the  Tennessee  River  from  those  of  the  Sequatchie 

1991  River;  thence,  along  the  said  ridge,  southwardly,  to  the  bank 

1992  of  .the  Tennessee  River,  at  a  point  near  to  a  place  called  the 

1993  Negro  Sugar  Camp,  opposite  to  the  upper  end  of  the  first  island 

1994  above  Running  Water    Town;  thence  westwardly,  a  straight 

1995  line  to  the  mouth  of  Little  Sequatchie  River  ;  thence  up  said  river 

1996  to  its  main  fork;  thence  up  its  northerniost  fork  to  its  source  ; 

1997  and  thence,  due  west,  to  the  Indian  boundary  line. 

1998  ARTICLE  3.  It  is  also  stipulated  by  the  contracting  parties  that 

1999  a  census  shall  be  taken  of  the  whole  Cherokee  Nation  during  the 

2000  month  of  June,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
200 L  dred  and  eighteen,  in  the  following  manner,  viz :  That  the  census 

2002  of  those  on  the  east  side  of  the  Mississippi  River,  who  declared 

2003  their  intention  of  remaining,  shall  be  taken  by  a  commissioner 

2004  appointed  by  the  President  of  the  United  States,  and  a  commis- 

2005  sioner  appointed  by  the  Cherokees  on  the  Arkansas  River ;  and 

2006  the  census  of  the  Cherokees  on  the  Arkansas  River,  and  those 

2007  removing  there,  and  who  at  that  time  declare  their  intention  of 


48 

2008  removing  there,  shall  be  taken  by  a  commissioner  appointed  by 

2009  the  President  of  the  United  States,  and  one  appointed  by  the 

2010  Cherokees  east  of  the  Mississippi  Eiver. 

2011  ARTICLED.  The  contracting  parties  do  also  stipulate  that 

2012  the  annuity  due  from  the  United  States  to  the  whole  Cherokee 

2013  Nation  for  the  year  one  thousand  eight  hundred  and  eighteen  is 

2014  to  be  divided  between  the  two  parts  of  the  nation  in  proportion 

2015  to  their  numbers,  agreeably  to  the  stipulations  contained  in  the 

2016  third  article  of  this  treaty  ;  and  to  be  continued  to  be  divided 

2017  thereafter  in  proportion  to  their  numbers;  and  the  lands  to  be 

2018  apportioned  and  surrendered  to  the  United  States  agreeably  to 
2010  the  aforesaid  enumeration,  as  the  proportionate  part,  agreeably 

2020  to  their  numbers,  to  which  those  wrho  have  removed,  and  who 

2021  declare  their  intention  to  remove,  have  a  just  right,  including 

2022  these  with  the  lands  ceded  in  the  first  and  second  articles  of  this 

2023  treaty. 

2024  ARTICLE  5.  The  United  States  bind  themselves,  in  exchange 

2025  for  the  lands  ceded  in  the  first  and  second  articles  hereof,  to  give 
202G  to  that  part  of  the  Cherokee  Nation  on  the  Arkansas  as  much 

2027  land  on  said  river  and  White  River  as  they  have  or  may  here- 

2028  after  receive  from  the  Cherokee  Nation  east  of  the  Mississippi, 

2029  acre  for  acre,  as  the  just  proportion  due  that  part  of  the  nation 

2030  on  the  Arkansas  agreeably  to  their  numbers;  which  is  to  com- 

2031  mence  on  the  north  side  of  the  Arkansas  River,  at  the  mouth  of 

2032  Point  Remove  or  End  well's  Old  Place;  thence  by  a  straight  line, 

2033  northwardly,  to  strike  Chataunga  Mountain,  or  the  hill  first  above 
2031  Shield's  Ferry  on    White  River,  running  up  and  between   said 

2035  rivers  for  complement,  the  banks  of  which  rivers  to  be  the  lines ; 

2036  and  to  have  the  above  line,  from  the  point  of  beginning  to  the 

2037  point  on   White  River,  run  and  marked,  which  shall  be  done 

2038  soon  after  the  ratification  of  this  treaty;  and  all  citizens  of  the 

2039  United  States,  except  Mrs.  1*.  Lovely,  who  is  to  remain  where 

2040  she  lives  during  life,  removed  from  within  the  bounds  as  above- 

2041  named.    And  it  is  further  stipulated  that  the  treaties  heretofore 

2042  between  the  Cherokee  Nation  and  the  United  States  are  to  con- 

2043  tinue  in  full  force  with  both  parts  of  the  nation,  and  both  parts 

2044  thereof  entitled  to  all  the  immunities  and  privilege  which  the 

2045  old  nation  enjoyed  under  the  aforesaid  treaties;    the  United 

2046  States  reserving  the  right  of  establishing  factories,  a  military 

2047  post,  and  roads  within  the  boundaries  above  defined. 

2048  ARTICLE  6.  The  United  States  do  also  bind  themselves  to 

2049  give  to  all  the  poor  warriors  who  may  remove  to  the  western 

2050  side  of  the  Mississippi  River  one  rifle-gun  and  ammunition,  one 

2051  blanket,  and  one  brass  kettle,  or,  in  lieu  of  the  brass  kettle,  a 

2052  beaver  trap,  which  is  to  be  considered  as  a  full  compensation  for 

2053  the  improvements  which  they  may  leave ;  which  articles  are  to  be 


49 

2054  delivered  at  such  point  as  the  President  of  the  United  States 

2055  may  direct ;  and  to  aid  in  the  removal  of  the  emigrants,  they 

2056  further  agree  to  furnish  flat-bottomed  boats  and  provisions  suffi- 

2057  cient  for  that  purpose  ;  and  to  those  emigrants  whose  improve-- 

2058  merits  add  real  value  to  their  lands,  the  United  States  agree  to 
2050  pay  .a  full  valuation  for  the  same,  which  is  to  be  ascertained  by 
2000  a  commissioner  appointed  by  the  President  of  the  United  States 

2061  for  that  purpose,  and  paid  for  as  soon  after  the  ratification  of 

2062  this  treaty  as  practicable.  The  boats  and  provisions  promised  to 

2063  the  emigrants  are  to  be  furnished  by  the  agent  on  the  Tennessee 

2064  River,  at  such  time  and  place  as  the  emigrants  may  notify  him 

2065  of;  and  it  shall  be  his  duty  to  furnish  the  same. 

2066  ARTICLE  7.  And  for  all  improvements  which  add  real  value 

2067  to  the  lands  lying  within  the  boundaries  ceded  to  the  United 
206S  States,  by  the  first  and  second  articles  of  this  treaty,  the  United 

2069  States  do  agree  to  pay  for  at  the  time,  and  to  be  valued  in  the 

2070  same  manner,  as  stipulated  in  the  sixth  article  of  this  treaty  ; 

2071  or,  in  lieu  thereof,  to  give  in  exchange  improvements  of  equal 

2072  value  which  the  emigrants  may  leave,  and  for  which  they  are  to 

2073  receive  pay.    And  it  is  farther  stipulated,  that  all  these  improve- 

2074  inents,  left  by  the  emigrants  within  the  bounds  of  the  Cherokee 

2075  Nation  east  of  the  Mississippi  River,  which  add  real  value  to  the 

2076  lands,  and  for  which  the  United  States  shall  give  a  cousidera- 

2077  tion,  and  not  so  exchanged,  shall  be  rented  to  the  Indians  by 

2078  the  agent,  year  after  year,  for  the  benefit  of  the  poor  and  de- 
2070  crepid  of  that  part  of  the  nation  east  of  the  Mississippi  River, 

2080  until  surrendered  by  the  nation,  or  to  the  nation.     And  it  is 

2081  further  agreed  that  the  said  Cherokee  Nation  shall  not  be  called 

2082  upon  for  any  part  of  the  consideration  paid  for  said  improve- 

2083  ments  at  any  future  period. 

2084  ARTICLE  8.   Arid  to  each  and  every  head  of  any  Indian 

2085  family  residing  on  the  east  side  of  the  Mississippi  River,  on  the 

2086  lands  that  are  now,  or  may  hereafter  be,  surrendered  to  the 

2087  United  States,  who  may  wish  to  become  citizens  of  the  United 

2088  States,  the  United  States  do  agree  to  give  a  reservation  of  six 

2089  hundred  and  forty  acres  of  laud,  in  a  square,  to  include  their 

2090  improvements,  which  are  to  be  as  near  the  centre  thereof  as 

2091  practicable,  in  which  they  will  have  a  life  estate,  with  a  rever- 

2092  sion  in  fee  simple  to  their  children,  reserving  to  the  widow  her 

2093  dower,  the  register  of  whose  names  is  to  be  filed  in  the  office  of 

2094  the  Cherokee  agent,  which  shall  be  kept  open  until  the  census 

2095  is  taken  as  stipulated  in  the  third  article  of  this  treaty  :    Pro- 

2096  videdj  That  if  any  of  the  heads  of  families  for  whom  reserva- 

2097  tions  may  be  made  should  remove  therefrom,  then,  in  that  case, 

2098  the  right  to  revert  to  the  United  States  :   And  provided  further, 

2099  That  the  land  which  may  be  reserved  under  this  article  be  de- 

7  I  T 


50 

2100  ducted  from  the  amount  which  has  been  ceded  under  the  first 

2101  and  second  articles  of  this  treaty. 

2102  ARTICLE  0.  It  is  also  provided  by  the  contracting  parties, 

2103  that  nothing  in  the  foregoing  articles  shall  be  construed  so  as  to 
210-4  prevent  any  of  the  parties  so  contracting  from  the  free  naviga- 
2105  tion  of  all  \he>  waters  mentioned  therein. 

210G  ARTICLE  10.  The  whole  of  the  Cherokee  Nation  do  hereby 

2107  cede  to  the  United  States  all  right,  title,  and  claim  to  all  reser- 

2108  rations  made  to  Doublehead  and  others,  which  were  reserved 
2100  to  them  by  a  treaty  made  and  entered  into  at  the  city  of  AVash- 

2110  ingtou,  bearing  date  the  seventh  of  January,  one  thousand  eight 

2111  hundred  and  six. 

2112  ARTICLE  11.  It  is  further  agreed  that  the  boundary -lines 

2113  of  the  lands  ceded  to  the  United  States  by  the  first  and  second 

2114  articles  of  this  treaty,  and  the  boundary -line  of  the  lauds  ceded 

2115  by  the  United  States  in  the  fifth  article  of  this  treaty,  is  to  be 

2116  run  and  marked  by  a  commissioner  or  commissioners  appointed 

2117  by  the  President  of  the  United  States,  who  shall  be  accompanied 

2118  by  such  commissioners  as  the  Cherokees  may  appoint ;  due  no- 

2119  tice  thereof  shall  be  given  to  the  nation. 

2120  ARTICLE  12.  The  United  States  do  also  bind  themselves  to 

2121  prevent  the  intrusion  of  any  of  its  citizens  within  the  lands 

2122  ceded  by  the  first  and  second  articles  of  this  treaty,  until  the 

2123  same  shall  be  ratified  by  the  President  and   Senate  of  the 

2124  United  States,  and  duly  promulgated. 

2125  ARTICLE  13.  The  contracting  parties  do  also  stipulate  that 

2126  this  treaty  shall  take  effect  and  be  obligatory  on  the  coutract- 

2127  ing  parties  so  soon  as  the  same  shall  be  ratified  by  the  Presi- 

2128  dent  of  the  United  States,  by  and  with  the  advice  and  consent 

2129  of  the  Senate  of  the  United  States. 

2130  Proclaimed  December  26,  1817. 

2131  Articles  of  a  convention  made  between  John  C.  Calhoun,  Secretary 

2132  of  War,  being  specially  authorized  therefor  by  the  President  of 

2133  the  United  Mates,  and  the  undersigned  chiefs  and  head-men  of 

2134  the  Cherokee  Nation  of  Indians,  duly  authorized  and  cmpoic- 

2135  ered  by  said  nation,  at  the  city  of  Washington,  on  the  ticenty- 

2136  seventh  day  of  February,  in  the  year  of  our  Lord  one  thou- 

2137  sand  eight  hundred  and  nineteen. 

2138  Whereas  a  greater  part  of  the  Cherokee  Nation  have  ex- 

2139  pressed  an  earnest  desire  to  remain  on  this  side  of  the  Missis- 

2140  sippi,  and  being  desirous,  in  order  to  commence  those  measures 

2141  which  they  deem  necessary  to  the  civilization  and  preservation 

2142  of  their  nation,  that  the  treaty  between  the  United  States  and 


51 

2143  them,  signed  the  eighth  of  July,  eighteen  hundred  and  seveu- 

2144  teen,  might,  without  further  delay,  or  the  trouble  or  expense  of 

2145  taking  the  census,  as  stipulated  in  the  said  treaty,  be  finally 
*  2146  adjusted,  have  offered  to  cede  to  the  United  States  a  tract  of 

2147  country  at  least  as  extensive  as  that  which  they  probably  are 

2148  entitled  to  under  its  provisions,  the  contracting  parties  have 

2149  agreed  to  and  concluded  the  following  articles : 

2150  ARTICLE  1.   The   Cherokee  Nation   cedes  to   the  United 

2151  States  all  of  their  lands  lying  north  and  east  of  the  following 

2152  line,  viz:  Beginning  on  the  Tennessee  River,  at  the  point  where 

2153  the  Cherokee  boundary  with  Madison  County,  in  the  Alabama 

2154  territory,   joins  the  same ;    thence  along  the  main  channel  of 

2155  said  river  to  the  mouth  of  the  Highwassee;   thence  along  its 
2150  main  channel  to  the  first  hill  which  closes  in  on  said  river, 

2157  about  two  miles  above  Highwassee  Old  Town ;    thence  along 

2158  the  ridge  which  divides  the  waters  of  the  Highwassee  and 

2159  Little  Tellico,  to  the  Tennessee  River,  at  Tallassee ;   thence 
21GO  along  the  main  channel  to  the  junction  of  the  Cowee  and  Nan- 

2161  teyalee ;  thence  along  the  ridge  in  the  fork  of  said  river  to  the 

2162  top  of  the  Blue  Ridge ;    thence  along  the  Blue  Ridge  to  the 

2163  Unicoy  Turnpike  Road  ;   thence  by  a  straight  line  to  the  near- 

2164  est  main  source  of  the  Ckestatee;  thence  along  its  main  ckau- 

2165  nel   to   the  Chatahouchee ;  and  thence  to  the  Creek   bound- 

2166  ary ;  it  being  understood  that  all  the  islands  in  the  Chesta- 

2167  tee,  and  the  parts  of  the  Tennessee  and  Highwassee,  (with 

2168  the  exception  of  Jolly's  Island,  in  the  Tennessee,  near  the 

2169  mouth  of  the  Highwassee,)  which  constitute  a  portion  of  the 

2170  present  boundary,  belong  to  the  Cherokee  Nation  j   and  it  is 

2171  also  understood  that  the  reservations  contained  in  the  seconp 

2172  article  of  the  treaty  of  Tellico,  signed  the  twenty-fifth  Octo- 

2173  ber,  eighteen  hundred  and  five,  and  a  tract  equal  to  twelve 

2174  miles  square,  to  be  located  by  commencing  at  the  point  formed 

2175  by  the  intersection  of  the  boundary-line  of  Madison  County, 

2176  already   mentioned,    and   the   north   bank   of   the   Tennessee 

2177  River ;  thence  along  the  said  line  and  up  the  said  river  twelve 

2178  miles,  are  ceded  to  the  United  States,  in  trust  for  the  Cherokee 

2179  Nation  as  a  school  fund ;  to  be  sold  by  the  United  States,  and 

2180  the  proceeds  vested  as  is  hereafter  provided  in  the  fourth  article 

2181  of  this  treaty ;  and,  also,  that  the  rights  vested  in  the  Unicoy 

2182  Turnpike  Company  by  the  Cherokee  Nation,  according  to  certi- 

2183  fied  copies  of  the  instruments  securing  the  rights  and  herewith 

2184  annexed,  are  not  to  be  affected  by  this  treaty  ;  and  it  is  further 

2185  understood  and  agreed  by  the  said  parties  that  the  lauds  hereby 

2186  ceded  by  the  Cherokee  Nation  are  in  full  satisfaction  of  all 

2187  claims  which  the  United  States  have  on  them,  on  account  of  the 

2188  cession  to  a  part  of  their  nation  who  have  or  may  hereafter 


52 

2180  emigrate  to  the  Arkansaw ;  and  this  treaty  is  aiinal  adjustment 

2100  of  that  of  the  eighth  of  July,  eighteen  hundred  and  seventeen. 

2101  ARTICLE  2.  The  United  States  agree  to  pay,  according  to  the 

2102  stipulations  contained  in  the  treaty  of  the  eighth  of  July,  eight  - 

2103  eeu  hundred  and  seventeen,  for  all  improvements  on  laud  lying 

2104  within  the  country  ceded  by  the  Oherokees,  which  add  real  value 

2105  to  the  land,  and  do  agree  to  allow  a  reservation  of  six  hundred 
210G  aud  forty  acres  to  each  head  of  any  Indian  family  residing  within 

2107  the  ceded  territory,  those  enrolled  for  the  Arkansaw  exceptcd, 

2108  who  choose  to  become  citizens  of  the  United  States,  in  the  man- 
2100  ner  stipulated  in  said  treaty. 

2200  AUTICLE  3.  It  is  also  understood  and  agreed  by  the  eon- 

2201  tract-lug  parties  that  a  reservation,  in  fee  simple,  of  six  hundred 

2202  aud  forty  acres  square,  with  the  exception  of  Major  Walker's, 

2203  which  is  to  be  located  as  is  hereafter  provided,  to  include  their 

2204  improvements,  and  which  are  to  be  as  near  the  centre  thereof 

2205  as  possible,  shall  be  made  to  each  of  the  persons  whose  names 

2206  are  inscribed  on  the  certified  list  annexed  to  this  treaty,  all  of 

2207  whom  are  believed  to  be  persons  of  industry,  and  capable   of 

2208  managing  their  property  with  discretion,  and  have,  with  few  ex- 
2200  ceptions,  made  considerable  improvements  on  the  tracts  reserved. 

2210  The  reservations  are  made  on  the  condition  that  those  for  whom 

2211  they  are  intended  shall  notify,  in  writing,  to  the  agent  for  the 

2212  Cherokee  Nation  within  six  months  after  the  ratification  of  this 

2213  treaty,  that  it  is  their  intention  to  continue  to  reside  perina- 

2214  nently  on  the  laud  reserved. 

2215  The  reservation  for  Lewis  Boss,  so  to  be  laid  oil  as  to  include 
221G  his  house  and  out-buildings,  and  ferry  adjoining  the  Cherokee 

2217  agency,  reserving  to  the  United  States  all  the  public  property 

2218  there,  and  the  continuance  of  the  said  agency  where  it  now  is, 
2210  during  the  pleasure  of  the  Government;  and  Major  Walker's, 

2220  so  as  to  include  his  dwelling-house  and  ferry  ;  for  Major  Walker 

2221  an  additional  reservation  is  made  of  six  hundred  and  forty  acres 

2222  square,  to  include  his  grist  and  saw  mill  $  the  laud  is  poor,  prin- 

2223  cipally  valuable  for  its  timber.     In  addition  to  the  above  reser- 

2224  vatious,  the  following  are  made,  in  fee  simple,  the  persons  for 

2225  whom  they  are  intended  not  residing  on  the  same  :   To  Cabbin 
222G  Smith  six  hundred  and  forty  acres,  to  be  laid  off  in  equal  parts 

2227  on  both  sides  of  his  ferry  on  Tellico,  commonly  called  Blair's 

2228  ferry ;  to  John  lioss  six  hundred  and  forty  acres,  to  be  laid  off 
2220  so  as  to  include  the  Big  Island  in  Tennessee  River,  being  the 

2230  first  below  Tellico— which  tracts  of  laud  were  given  many  years 

2231  since,  by  tiie  Cherokee  Nation,  to  them ;  to  Mrs.  Eliza  Ross,  step- 

2232  daughter  of  Major  Walker,  six  hundred  and  forty  acres  square, 

2233  to  be  located  on  the  river  below  and  adjoining  Major  Walker's ; 

2234  to  Margaret  Morgan  six  hundred  and  forty  acres  square,  to  be 


2235  located  on  the  west  of  and  adjoining  James  lliley's  reservation  ; 

2236  -  to  George   Harlin  six  hundred  and  forty  acres  square,  to  be 

2237  located  west  of  and  adjoining  the  reservation  of  Margaret  Mor- 

2238  gan  ;  to  James  Lowry  six  hundred  and  forty  acres  square,  to  be 
2230  located  at  Crow  Mocker's  old  place,  at  the  foot  of  Cumberland 

2240  Mountain  ;  to  Susannah  Lowry  six  hundred  and  forty  acres,  to 

2241  be  located  at  the  toll-bridge  on  Battle  Creek  ;  to  Nicholas  Byers 

2242  six  hundred  and  forty  acres,  including  the  Toqua  Island,  to  be 

2243  located  on  the  north  bank  of  the  Tennessee,  opposite  to  said 

2244  island. 

2245  ARTICLE  4.  The  United  States  stipulate  that  the  reserva- 
224G  tions,  and  the  tract  reserved  for  the  school  fund,  in  the  first 

2247  article  of  this  treaty,  shall  be  surveyed  and  sold  in  the  same 

2248  manner,  and  on  the  same  terms,  with  the  public  lands  of  the 
2240  United  States,  and  the  proceeds  vested,  under  the  direction  of 

2250  the  President  of  the  United  States,  in  the  stock  of  the  United 

2251  States,  or  such  other  stock  as  he  may  deem  most  advantageous 

2252  to  the  Cherokee  Nation.     The  interest  or  dividend  on  said  stock 

2253  shall  be  applied,  under  his  direction,  in  the  manner  which  he 

2254  shall  judge  best  calculated  to  diffuse  the  benefits  of  education 

2255  among  the  Cherokee  Nation  on  this  side  of  the  Mississippi. 

2256  ARTICLE  5.  It  is  agreed  that  such  boundary-lines  as  may  be 

2257  necessary  to  designate  the  lauds  ceded  by  the  first  article  of  this 

2258  treaty  may  be  run  by  a  commissioner  or  commissioners  to  be 
2250  appointed  by  the  President  of  the  United  States,  who  shall  be 

2260  accompanied  by  such  commissioners  as  the  Cherokees  may  ap- 

2261  point,  due  notice  thereof  to  be  given  to  the  nation  ;  and  that  the 

2262  leases  which  have  been  made  under  the  treaty  of  the  eighth  of 

2263  July,  eighteen  hundred  and  seventeen,  of  land  lying  within  the 

2264  portion  of  country  reserved  to  the  Cherokees,  to  be  void ;  and 

2265  that  all  white  people  who  have  intruded,  or  may  hereafter  in- 

2266  trade,  on  the  laud  reserved  for  the  Cherokees,  shall  be  removed 

2267  by  the  United  States,  and  proceeded  against  according  to  the 

2268  provisions  of  the  act  passed  thirtieth  March,  eighteen  hundred 
2260  and  two,  entitled  "An  act  to  regulate  trade  and  intercourse  with 

2270  the  Indian  tribes,  and  to  preserve  peace  on  the  frontiers.'7 

2271  ARTICLE  6.  The  contracting  parties  agree  that  the  annuity 

2272  to  the  Cherokee  Nation  shall  be  paid,  two-thirds  to  the  Chero- 

2273  kees  east  of  the  Mississippi,  and  one-third  to  the  Cherokees 

2274  west  of  that  river,  as  it  is  estimated  that  those  who  have  emi- 

2275  grated,  and  who  have  enrolled  for  emigration,  constitute  one- 

2276  third  of  the  whole  nation ;  but  if  the  Cherokees  west  of  the 

2277  Mississippi  object  to  this  distribution,  of  which  due  notice  shall 

2278  be  given  them,  before  the  expiration  of  one  year  after  the  ratifi- 
2270  cation  of  this  treaty,  then  the  census,  solely  for  distributing  the 


54 

2280  annuity,  shall  be  taken  at  such  times  and  in  such  manner  as  the 

21*81  President  of  the  United  States  may  designate. 

2282  ARTICLE  7.  The  United  States,  in  order  to  afford  the  Ohero- 

2283  kees  who  reside  on  the  lands  ceded  by  this  treaty  time  to  culti- 

2284  vate  their  crop  next  summer,  and  for  those  who  do  not  choose 

2285  to  take  reservations  to  remove,  bind  themselves  to  prevent  the 
228G  intrrfsion  of  their  citizens  on  the  ceded  land  before  the  first  of 

2287  January  next. 

2288  ARTICLE  8.  This  treaty  to  be  binding  on  the  contracting 

2289  parties  so  soon  as  it  is  ratified  by  the  President  of  the  United 
2200  States,  by  and  with  the  advice  and  consent  of  the  Senate. 


2291  List  of  perxtim  referred  to   in  the  third  article  of   the  annexed 

2292  treaty. 

2293  liichard  Walker,  within  the  chartered  limits  of  North  Caro- 

2294  liua. 

2293  Yonah,  alias  Big  Bear,  within  the  chartered  limits  of  Xorth 

229G  Carolina. 

2297  John  Martin,  within  the  chartered  limits  of  Georgia. 

2298  Peter  Linen,  within  the  chartered  limits  of  Georgia. 

2299  Daniel  Davis,  within  the  chartered  limits  of  Georgia. 

2300  George  Parris,  within  the  chartered  limits  of  Georgia. 

2301  Walter  S.  Adair,  within  the  chartered  limits  of  Georgia. 

2302  Thomas  Wilson,  within  the  chartered  limits  of  Alabama 

2303  Territory. 

2304  Richard  Riley,  within  the  chartered  limits  of  Alabama  Ter- 

2305  ritory. 

2300  James  liiley,  within  the  chartered  limits  of  Alabama  Terri- 

2307  tory. 

2308  Edward  Guuter,  within  the  chartered  limits  of  Alabama 

2309  -Territory. 

2310  Robert  McLeniore,  within  the  chartered  limits  of  Tennessee. 

2311  John  Baldridge,  within  the  chartered  limits  of  Tennessee. 

2312  Lewis  Koss,  within  the  chartered  limits  of  Tennessee. 

2313  Fox  Taylor,  within  the  chartered  limits  of  Tennessee. 

2314  lid.  Timberlake,  within  the  chartered  limits  of  Tennessee. 

2315  David  Fields,  (to  include  his  mill,)  within  the  chartered 

2316  limits  of  Tennessee. 

2317  James  Brown,  (to  include  his  field  by  the  long  pond,)  within 

2318  the  chartered  limits  of  Tennessee. 

2319  William  Brown,  within  the  chartered  limits  of  Tennessee. 

2320  John  Brown,  within  the  chartered  limits  of  Tennessee. 

2321  Elizabeth  Lowry,  within  the  chartered  limits  of  Tennessee. 
George  Lowry,  within  the  chartered  limits  of  Tennessee. 
John  Benge,  within  the  chartered  limits  of  Tennessee. 


55 

2324  Mrs.  Eliz.  Peck,  within  tbe  chartered  limits  of  Tennessee. 

2325  John  Walker,  sr.,  within  the  chartered  limits  of  Tennessee. 
232G  John  Walker,  jr.,  (unmarried,)  within  the  chartered  limits 

2327  of  Tennessee. 

2328  Richard  Taylor,  within  the  chartered  limits  of  Tennessee. 

2329  John  Mclntosh,  within  the  chartered  limits  of  Tennessee. 

2330  James  Starr,  within  the  chartered  limits  of  Tennessee. 

2331  Samuel  Parks,  within  the  chartered  limits  of  Tennessee. 

2332  The  Old  Bark,  (of  Chota,)  within  the  chartered  limits  of 

2333  Tennessee. 

2334  Number  of  reservees  within  the  limits  of  North  Carolina. . .     2 

2335  Number  of  reservees  within  the  limits  of  Georgia 5 

2336  Number  of  reservees  within  the  limits  of  Alabama  Territory.     4 

2337  Number  of  reservees  within  the  limits  of  Tennessee £0 

2338  — 
2330            Total  number  of  reservees 31 

2340  CHEROKEE  AGENCY,  HIGHWASSEE  GARRISON. 

2341  We,  the  undersigned  chiefs  and  councillors  of  the  Cherokees 

2342  in  full  council  assembled,  do  hereby  give,  grant,  and  make  over 

2343  unto  Nicholas  Byers  and  David  Eussell,  who  are  agents  in  behalf 

2344  of  the  States  of  Tennesee  and  Georgia,  full  power  and  authority 

2345  to  establish  a  turnpike  company,  to  be  composed  of  them,  the 
234G  said  Nicholas  and  David,  Arthur  Heuly,  John  Lowry,  Atto,  and 

2347  one  other  person,  by  them  to  be  hereafter  named,  in  behalf  of 

2348  the  State  of  Georgia;  and  the  above-named  persons  are  author- 

2349  ized  to  nominate  five  proper  and  fit  persons,  natives  of  the 

2350  Cherokees,  who,  together  with  the  white  men  aforesaid,  are  to 

2351  constitute  the  company;  which  said  company,  when  thus  estab- 

2352  lished,  are  hereby  fully  authorized  by  us  to  lay  out  and  open  a 

2353  road  from  the  most  suitable  point  on  the  Tennessee  River  to  be 

2354  directed  the  nearest  and  best  way  to  the  highest  point  of  navi- 

2355  gation  on  the  Tugolo  River;  which  said  road,  when  opened  and 
235G  established,  shall  continue  and  remain  a  free  and  public  highway, 

2357  unmolested  by  us,  to  the  interest  and  benefit  of  the  said  com- 

2358  pany,  and  their  successors,  for  the  full  term  of  twenty  years,  yet 

2359  to  come,  after  the  same  may  be  open  and  conipleat;  after  which 
23GO  time,  said  road,  with  all  its  advantages,  shall  be  surrendered  up, 
2361  and  reverted  in,  the  said  Cherokee  Nation.     And  the  said  com- 
23G2  pany  shall  have  leave,  and  are  hereby  authorized,  to  erect  their' 
23G3  public  stands,  or  houses  of  entertainment,  on  said  road;  that 
23G4  is  to  say,  one  at  each  end,  and  one  in  the  middle,  or  as  nearly 
23G5  so  as  a  good  situation  will  permit,  with  leave  also  to  cultivate 
23G6  one  hundred  acres  of  land  at  each  end  of  the  road,  and  fifty 
23G7  acres  at  the  middle  stand,  with  a  privilege  of  a  sufficiency  of 
23G8  timber  for  the  use  and  consumption  of  said  stands.    And  the 


56 

2369  said  turnpike  company  do  hereby  agree  to  pay  the  sum  of  one 

2370  hundred  aud  sixty  dollars  yearly  to  the  Cherokee  Nation  for 

2371  the  aforesaid  privilege,  to  commence  after  said  road  is  opened 
237U  aud  in  complete  operation.    The  said  company  are  to  have  the 

2373  benefit  of  one  ferry  on  Tennessee  River,  and  such  other  ferry  or 

2374  ferries  as  are  necessary  on  said  road ;  and,  likewise,  said  com- 

2375  pany  shall  have  the  exclusive  privilege  of  trading  on  said  road 

2376  during  the  aforesaid  term  of  time. 

2377  CHEROKEE  AGENCY,  January  C,  1817. 

2378  We,  the   undersigned  chiefs  of  the  Cherokee  Nation,  do 
2370  hereby  grant  unto  Nicholas  Byers,  Arthur  H.  Henly,  and  David 

2380  Russell,  proprietors  of  the  Unicoy  road  to  Georgia,  the  liberty 

2381  of  cultivating  all  the  ground  contained  in  the  bend  on  the  north 

2382  side  of  Tennessee  River  opposite  and  below  Chota  Old  Towr, 

2383  together  with  the  liberty  to  erect  a  grist-mill  on   Four  Mile 

2384  Creek,  for  the  use  and  benefit  of  said  road,  and  the  Cherokee s 

2385  in  the  neighbourhood  thereof;  for  them,  the  said  Byers,  Henly, 
238G  and  Russell,  to  have  and  to  hold  the  above  privileges  during 

2387  the  term  of  lease  of  the  Uuicoy  road,  also  obtained  from  the 

2388  Cherokees,   and  sanctioned  by  the    President  of  the   United 

2389  States. 

2390  Proclaimed  March  10,  1819. 

2391  Articles  of 'a  convention  concluded  at  the  city  of  Washington  this 

2392  sixth  day  of  May,  in  the  year  of  our  Lord  one  thousand  eight 

2393  hundred  and  twenty-eight,  between  James  Barbour,  Secretary 

2394  of  War,  being  especially  authorized  therefor  l)\j  the  President 

2395  of  the  United  States,  and  the  undersigned,  chiefs  and  head- 
2390  men  of  the  Cherokee  Nation  of  Indians  west  of  the  Missis- 

2397  sippi,   they  being  duly  authorized  and  empowered   by   their 

2398  nation. 

2399  Whereas  it  being  the  anxious  desire  of  the  Government  of 

2400  the  United  States  to  secure  to  the  Cherokee.  Nation  of  Indians, 

2401  as  well  those  now  living  within  the  limits  of  the  Territory  of 

2402  Arkansas  as  those  of  their  friends  and  brothers  who  reside  in 

2403  States  east  of  the  Mississippi,  and  who  may  wish  to  join  their 

2404  brothers  of  the  West,  a  permanent  home,  and  which  shall,  under 

2405  the  most  solemn  guarantee  of  the  United  States,  be  and  remain 
240G  theirs  forever — a  home  that  shall  never,  in  all  future  time,  be 

2407  embarrassed  by  having  extended  around  it  the  lines,  or  placed 

2408  over  it  the  jurisdiction  of  a  Territory  or  State,  nor  be  pressed 

2409  upon  by  the  extension,  in  any  way,  of  any  of  the  limits  of  any 

2410  existing  Territory  or  State  ;  and 

2411  Whereas  the  present  location  of  the  Cherokees  in  Arkansas 


57 

2412  being  unfavourable  to  their  present  repose,  aucl  tending,  as  the 

2413  past  demonstrates,  to  their  future  degradation  and  misery  ;  and 

2414  the  Cherokees  being  anxious  to  avoid  such  consequences,  and 

2415  yet  not  questioning  their  right  to  their  lands  in  Arkansas,  as 

2416  secured  to  them  by  treaty,  and  resting  also  upon  the  pledges 

2417  given  them  by  the  President  of  the  United  States,  and  the 

2418  Secretary  of  War,  of  March,  1818,  and  8th  of  October,  1821,  in 
2410  regard  to  the  outlet  to  the  West,  and  as  may  be  seen  on  refer  - 

2420  ring  to  the  records  of  the  War  Department,  still  being  anxious 

2421  to  secure  a  permanent  home,  and  to  free  themselves  and  their 

2422  posterity  from  an  embarrassing  connexion  with  the  Territory  of 

2423  Arkansas,  and  guard  themselves  from  such  connexions  in  future; 

2424  and 

2425  Whereas  it  being  important,  not  to  the  Cherokees  only,  but 
242G  also  to  the  Ohoctaws,  and  in  regard  also  to  the  question  which 

2427  may  be  agitated  in  the  future  respecting  the  location  of  the 

2428  latter,  as  well  as  the  former,  within  the  limits  of  the.  Territoiy 

2429  or  State  of  Arkansas,  as  the  case  may  be,  and  their  removal 

2430  therefrom ;  and  to  avoid  the  cost  which  may  attend  negotiations 

2431  to  rid  the  Territory  or  State  of  Arkansas  whenever  it  may 

2432  become  a  State  of  either  or  both  of  those  tribes,  the  parties 

2433  hereto  do  hereby  conclude  the  following  articles,  viz  : 

2434  ARTICLE  1.  The  western  boundary  of  Arkansas  shall  be,  and 

2435  the  same  is,  hereby  denned,  viz :  A  line  shall  be  run,  commenc- 

2436  ing  on  Red  River,  at  the  point  where  the  eastern  Choctaw  line 

2437  strikes  said  river  and  run  due  north  with  said  line  to  the  river 

2438  Arkansas,  thence  in  a  direct  line  to  the  southwest  corner  of 

2439  Missouri. 

2440  ARTICLE  2.  The  United  States  agree  to  possess  the  Chero- 

2441  kees  and  to  guarantee  it  to  them  forever,  and  that  guarantee  is 

2442  hereby  solemnly  pledged,  of  seven  millions  of  acres  of  land,  to 

2443  be  bounded  as  follows,  viz  :  Commencing  at  that  point  on  Ar- 

2444  kansas  Kiver  where  the  eastern  Choctaw  boundary  line  strikes 

2445  said  river,  and  running  thence  with  the  western  line  of  Arkansas, 

2446  as  defined  in  the  foregoing  article,  to  the  southwest  corner  of 

2447  Missouri,  and  thence  with  the  western  boundary  line  of  Missouri 

2448  till  it  crosses  the  waters  of  Neasho,  generally  called  Grand 

2449  Kiver ;  thence  due  west  to  a  point  from  which  a  due  south  course 

2450  will  strike  the'present  northwest  corner  of  Arkansas  Territory ; 

2451  thence  continuing  due  south,  on  and  with  the  present  western 

2452  boundary  line  of  the  Territory  to  the  main  branch  of  Arkansas 

2453  River ;  thence  down  said  river  to  its  junction  with  the  Canadian 

2454  River ;  and  thence  up  and  between  the  said  rivers  Arkansas  and 

2455  Canadian,  to  a  point  at  which  a  line  running  north  and  south 

2456  from  river  to  river  will  give  the  aforesaid  seven  millions  of 

2457  acres.    In  addition  to  the  seven  millions  of  acres  thus  provided 

8  T  T 


58 

2458  for  and  bounded,  the  United  States  further  guarantee  to  the 

2459  Cherokee  Nation  a  perpetual  outlet  west,  and  a  free  and  unmo- 

2460  lested  use  of  all  the  country  lying  west  of  the  western  boundary 

2461  of  the  above  described  limits,  and  as  far  west  as  the  sovereignty 

2462  of  the  United  States  and  their  right  of  soil  extend. 

2463  ARTICLE  3.  The  United  States  agree  to  have  the  lines  of 

2464  the  above  cession  run  without  delay,  say  not  later  than  the  iirst 

2465  of  October  next,  and  to  remove,  immediately  after  the  running 

2466  of  the  eastern  line  from  the  Arkansas  River  to  the  southwest 

2467  corner  of  Missouri,  all  white  persons  from  the  west  to  the  east 

2468  of  said  line,  and  also  all  others,  should  there  be  any  there,  who 

2469  may  be  unacceptable  to  the  Cherokees,  so  that  no  obstacles 

2470  arising  out  of  the  presence  of  a  white  population,  or  a  popula- 

2471  tiou  of  any  other  sort,  shall  exist  to  annoy  the  Cherokees  ;  and 

2472  also  to  keep  all  such  from  the  west  of  said  line  in  future. 

2473  ARTICLE  4.  The  United  States  moreover  agree  to  appoint 

2474  suitable  persons,  whose  duty  it  shall  be,  in  conjunction  with  the 

2475  agent,  to  value  all  such  improvements  as  the  Cherokees  may 

2476  abandon  in  their  removal  from  their  present  homes  to  the  dis- 

2477  trict  or  country  as  ceded  in  the  second  article  of  this  agreement, 

2478  and  to  pay  for  the  same  immediately  after  the  assessment  is 

2479  made  and  the  amount  ascertained.    It  is  further  agreed,  that 

2480  the  property  and  improvements  connected  with  the  agency  shall 

2481  be  sold  under  the  direction  of  the  agent,  and  the  proceeds  of 

2482  the  same  applied  to  aid  in  the  erection,  in  the  country  to  which 

2483  the  Cherokees  are  going,  of  a  grist  and  saw  mill  for  their  use. 

2484  The  aforesaid  property  and  improvements  are  thus  denned : 

2485  Commence  at  the  Arkansas  River,  opposite  William.  Stinnett's, 

2486  and  run  due  north  one  mile;  thence  due  east  to  a  point  from 

2487  which  a  due  south  line  to  the  Arkansas  River  would  include  the 

2488  chalybeate  or  mineral  spring  attached  to  or  near  the  present 

2489  residence  of  the  agent,  and  thence  up  said  river   (Arkansas)  to 

2490  the  place  of  beginning. 

2491  ARTICLE  5.  It  is  further  agreed,  that  the  United  States,  in 

2492  consideration  of  the  inconvenience  and  trouble  attending  the 

2493  removal,  and  on  account  of  the  reduced  value  of  a  great  portion 

2494  of  the  lands  herein  ceded  to  the  Cherokees,  as  compared  with 

2495  that  of  those  in  Arkansas  which  were  made  theirs  by  the  treaty 

2496  of  1817  and  convention  of  1819,  will  pay  to  the  Cherokees, 

2497  immediately  after  their  removal,  which  shall  be  within  fourteen 

2498  months  of  the  date  of  this  agreement,  the  sum  of  fifty  thousand 

2499  dollars;  also,  an  annuity,  for  three  years,  of  two  thousand  dol- 

2500  lars,  towards  defraying  the  cost  and  trouble  which  may  attend 

2501  upon  going  after  and  recovering  their  stock  which  may  stray 

2502  into  the  Territory  in  quest  of  the  pastures  from  which  they  may 

2503  be  driven  ;  also,  eight  thousand  seven  hundred  and  sixty  dol 


59 

2504  lars,  for  spoliations  committed  oil  them,  (the  Gherokees,)  which 

2505  sum  will  be  in  full  of  all  demands  of  the  kind  up  to  this  date, 

2506  as  well  those  against  the  Osages  as  those  against  citizens  of  the 

2507  United  States,  this  being  the  amount  of  the  claims  for  said 
2608  spoliations    as    rendered   by  the  Cherokees,   and    which   are 

2509  believed  to  be  correctly  and  fairly  stated.    Also,  one  thousand 

2510  two  hundred  dollars  for  the  use  of  Thomas  Graves,  a  Cherokee 

2511  chief,  for  losses  sustained  in  his  property,  and  for  personal  suf- 

2512  fering  endured  by  him  when  confined  as  a  prisoner,  on  a  crimi- 

2513  nal  but  false  accusation  ;  also,  five  hundred  dollars  for  the  use 

2514  of  George  Guess,  another  Cherokee,  for  the  great  benefits  he 

2515  has  conferred  upon  the  Cherokee  people,  in  the  beneficial  results 

2516  which  they  are    now  experiencing  from  the  use  of  the  alphabet 

2517  discovered  by  him,  to  whom  also,  in  consideration  of  his  relin- 

2518  quishiug  a  valuable  saline,  the  privilege  is  hereby  given  to  locate 

2519  and  occupy  another  saline  on  Lee's  Creek.    It  is  further  agreed 

2520  by  the  United  States  to  pay  two  thousand  dollars,  annually,  to 

2521  the  Cherokees,  for  ten  years,  to  be  expended  under  the  direction 

2522  of  the  Resident  of  the  United   States  in  the  education  of  their 

2523  children,  in  their  own  country,  in  letters  and  the  rne'chanick  arts  ; 

2524  also,  one  thousand  dollars  toward  the  purchase  of  a  printing 

2525  press  and  types  to  aid  the  Cherokees  in  the  progress  of  educa- 

2526  tion,  and  to  benefit  and  enlighten  them  as  a  people,  in  their  own 

2527  and  our  language.    It  is  agreed  further,  that  the  expense  in- 

2528  curred  other  than  that  paid  by  the  United  States  in  the  erection 

2529  of  the  buildings  and  improvements,  so  far  as  that  may  have  been 

2530  paid  by  the  benevolent  society  who  have  been,  and  yet  are, 

2531  engaged  in  instructing  the  Cherokee  children,  shall  be  paid  to 

2532  the  society,  it  being  the  understanding  that  the  amount  shall  be 

2533  expended  in  the  erection  of  other  buildings  and  improvements, 

2534  for  like  purposes,  in  the  country  herein  ceded  to  the  Cherokees. 

2535  The  United  States  relinquish  their  claim  due  by  the  Cherokees 

2536  to  the  late  United  States  factory,  provided  the  same  does  not 

2537  exceed  three  thousand  five  hundred  dollars. 

2538  ARTICLE  6.  Annulled. 

2539  ARTICLE  7.  The  chiefs  and  head-men  of  the  Cherokee  ]STa- 

2540  tion  aforesaid,  for  and  in  consideration  of  the  foregoing  stipu- 

2541  lations  and  provisions,  do  hereby  agree,  in  the  name  and  behalf 

2542  of  their  nation,  to  give  up,  and -they  do  hereby  surrender,  to 

2543  the  United  States,  and  agree  to  leave  the  same  within  fourteen 

2544  mouths,  as  herein  before  stipulated,  all  the  lands  to  which  they 

2545  are  entitled  in  Arkansas,  and  which  were  secured  to  them  by 

2546  the  treaty  of  8th  January,  1817,  and  the  convention  of  the  27th 

2547  February,  1819. 

2548  ARTICLE  8.  The  Cherokee  Nation  west  of  the  Mississippi 

2549  having,  by  this  agreement,  freed  themselves  from  the  harass* 


60 

2660  ing  aud  ruinous  effects'  consequent  upon  a  location  amidst  a 

2551  white  population,  and  secured  to  themselves  and  their  posterity, 

2552  under  the  solemn  sanction  of  the  guarantee  of  the  United  States, 

2553  as  contained  in  this  agreement,  a  large  extent  of  unembarrassed 

2554  country ;  and  that  their  brothers  yet  remaining  in  the  States 

2555  may  be  induced  to  join  them  and  enjoy  the  repose  and  blessings 

2556  of  such  a  State  in  the  future,  it  is  further  agreed,  on  the  part  of 

2557  the  United  States,  that  to  each  head  of  a  Cherokee  family  now 

2558  residing  within  the  chartered  limits  of  Georgia,  or  of  either  of 

2559  the  States  east  of  the  Mississippi,  who  may  desire  to  remove 

2560  West,  shall  be  given,  on  enrolling  himself  for  emigration,  a  good 

2561  rifle,  a  blanket,  and  kettle,  and  five  pounds  of  tobacco,  (and  to 

2562  each  member  of  his  family  one  blanket ;)  also,  a  just  compensa- 

2563  tion  for  the  property  he  may  abandon,  to  be  assessed  by  per- 

2564  sons  to  be  appointed  by  the  President  of  the  United  States.    The 

2565  cost  of  the  emigration  of  all  such  shall  also  be  borne  by  the 

2566  United  States,  and  good  and  suitable  ways  opened,  and  pro- 

2567  visions  procured  for  their  comfort,  accommodation,  and  support, 

2568  by  the  way,  and  provisions  for  twelve  mouths  aiter  their  arrival 

2569  at  the  agency ;  and  to  each  person,  or  head  of  a  family,  if  he  takes 

2570  along  with  him  four  persons,  shall  be  paid  immediately  on  his 

2571  arriving  at  the  agency  and  reporting  himself  and  his  family,  or 

2572  followers,  ^as  emigrants  aud  permanent  settlers,  in  addition  to  the 

2573  above,  provided  he  and  they  shall  have  emigrated  from  within  the 

2574  chartered  limits  of  the  State  of  Georgia,  the  sum  of  fifty  dollars, 

2575  aud  this  sum  in  proportion  to  any  greater  or  less  number  that 

2576  may  accompany  him  from  within  the  aforesaid  chartered  limits 

2577  of  the  State  of  Georgia. 

2578  ARTICLE  9.  It  is  understood  and  agreed.by  the  parties  to  th is 

2579  convention  that  a  tract  of  land,  two  miles  wide  aud  six  miles 

2580  long,  shall  be,  arid  the  same  is  hereby,  reserved  for  the  use  and 

2581  benefit  of  the  United  States,  for  the  accommodation  of  the  rnili- 

2582  tary  force  which  is  now,  or  which  may  hereafter  be,  stationed  at 

2583  Fort  Gibson,  on  the  Neasho,  or  Grand  Eiver,  to  commence  on 

2584  said  river  half  a  mile  below  the    aforesaid  fort,  and  to  run 

2585  thence  due  east  two  miles,  thence  northwardly  six  miles,  to  a 

2586  point  which  shall  be  two  miles  distant  from  the  river  aforesaid, 

2587  thence  due  west  to  the  said  river,  and  down  it  to  the  place  of 

2588  beginning.    And  the-Cherokees  agree  that  the  United  States 

2589  shall  have  and  possess  the  right  of  establishing  a  road  through 

2590  their  country  for  the  purpose  of  having  a  free  and  unmolested 

2591  way  to  and  from  said  fort. 

2592  ARTICLE  10.  It  is  agreed  that  Captain  James  Rogers,  in  con- 

2593  sideratiou  of  his  having  lost  a  horse  in  the  service  of  the  United 

2594  States,  and  for  services  rendered  by  him  to  the  United  States, 


61 

2595  shall  be  paid,  ill  full  for  the  above,  and  all  other  claims  for  losses 

2596  and  services,  the  sum  of  five  hundred  dollars. 

2597  ARTICLE  11.  This  treaty  to  be  binding  on  the  contracting 

2598  parties  so  soon  as  it  is  ratified  by  the  President  of  the  United 

2599  States,  by  and  with  the  advice  and  consent  of  the  Senate. 
2000  Proclaimed  May  28,  1828. 

2601  [NOTE. — This  treaty  was  ratified  with  the  following  proviso, 

2602  expressed  in  the  resolution  of  the  Senate  :  "  Provided,  neverthe- 

2603  less,  that  the  said  convention  shall  not  be  so  construed  as  to  ex- 

2604  tend  the  northern  boundary  of  the  *  Perpetual  Outlet  West,' 

2605  provided  for  and  guaranteed  in  the  second  article  of  said  con- 

2606  vention,  north  of  the  thirty-sixth  degree  of  north  latitude,  or  so 

2607  as  to  interfere  with  the  lands  assigned,  or  to  be  assigned,  west 

2608  of  the  Mississippi  Eiver,  to  the  Creek  Indians  who  have  emi- 

2609  grated,  or  may  emigrate,  from  the  States  of  Georgia  and  Ala- 

2610  bama,  under  the  provisions  of  any  treaty  or  treaties  heretofore 

2611  concluded  between  the  United  States  and  the  Creek  tribe  of  In- 

2612  dians;  and  provided  further,  that  nothing  in  the  said  conven- 

2613  tion  shall  be  construed  to  cede  or  assign  to  the  Cherokees  any 

2614  lands  heretofore  ceded  or  assigned  to  any  tribe  or  tribes  of  In- 

2615  dians,  by  any  treaty  now  existing  and  in  force,  with  any  such 

2616  tribe  or  tribes."]' 

2617  Articles  of  agreement  and  convention  made  and  concluded  at  Fort 

2618  Gibson,  on  the  Arkansas  River,  on  the  fourteenth  day  of  Feb- 

2619  ruary,  one  thousand  eight  hundred  and  thirty-three,  by  and  be- 

2620  ticeen  Montfort  Stokes,  Henry  L.  Ellsworth,  and  John  F.  Sclier- 

2621  merhorn,  duly  appointed  commissioners  on  the  part  of  the 

2622  United  States,  and  the  undersigned  chiefs  and  head-men  of  the 

2623  Cherokee  Nation  of  Indians  west  of  the  Mississippi,  they  being 

2624  duly  authorized  and  empowered  by  their  nation. 

2625  Whereas  articles  of  convention  were  concluded  at  the  city 

2626  of  Washington,  on  the  sixth  day  of  May,  one  thousand  eight 

2627  hundred  and  twenty-eight,  between  James  Barbour,  Secretary 

2628  of  War,  being  specially  authorized  therefor  by  the  President 

2629  of  the  United  States,  and  the  chiefs  and  head-men  of  the  Cheero- 

2630  kee  Nation  of  Indians  west  of  the  Mississippi,  which  articles  of 

2631  convention  were  duly  ratified  ;  and 

2632  Whereas  it  was  agreed  by  the  second  article  of  said  conven- 

2633  tion  as  follows:  "  That  the  United  States  agree  to  possess  the 
IJ634  Cheerokees,  and  to  guarantee  it  to  them  forever,  and  that  guarantee 

2635  is  solemnly  pledged,  of  seven  millions  of  acres  of  land,  said  land  to 

2636  be  bounded  as  follows,  viz :  commencing  at  a  point  on  Arkansas 

2637  Eiver,  where  the  eastern  Choctaw  boundary-line  strikes  said  river, 


62 

2638  ami  riummg  thence  with  the  western  line  of  Arkansas  Territory  to 

2639  the  southwest  corner  of  Missouri,  and  thence  with  the  western 

2640  boundary-line  of  Missouri  till  it  crosses  the  waters  of  Neasho,  gen- 

2641  erally  called  Grand  Elver ;  thence  due  west,  to  a  point  from  which 

2642  a  due  south  course  will  strike  the  present  northwest  corner  of 

2643  Arkansas  Territory ;  thence  continuing  due  south  on  and  with 

2644  the  present  boundary-line  on  the  west  of  said  Territory,  to  the 

2645  main  branch  of  Arkansas  Eiver ;  thence  down  said  river  to  its 

2646  junction  with  the  Canadian,  and  thence  up,  and  between  said 

2647  rivers  Arkansas  and  Canadian,  to  a  point  at  which  a  line  running 

2648  north  and  south,  from  river  to  river,  will  give  the  aforesaid  seven 

2649  millions  of  acres,  thus  provided  for  and  bounded.    The  United 

2650  States  further  guarantee  to  the  Cherokee  Nation  a  perpetual 

2651  outlet  west,  and  a  free  and  unmolested  use  of  all  the  country 

2652  lying  west  of  the  western  boundary  of  the  above-described 

2653  limits,  and  as  far  west  as  the  sovereignty  of  the  United  States 

2654  and  their  right  of  soil  extend  ;  and 

2655  Whereas  there  was  to  said  articles  of  convention  and  agree- 

2656  inent  the  following  proviso,  viz  :  Provided,  nevertheless.  That  said 

2657  convention  shall  not  be  so  construed  as  to  extend  the  northern 

2658  boundary  of  said  perpetual  outlet  west,  provided  for  and  guar- 

2659  antied  in  the  second  article  of  said  convention,  north  of  the 

2660  thirty-sixth    degree    of    north    latitude,   or*  so    as    to    inter- 

2661  fere  with  the  lands  assigned,  or  to  be  assigned,  west  of  the 

2662  Mississippi  Elver,  to  the  Creek  Indians  who  have  emigrated,  or 

2663  may  emigrate,  from  the  States  of  Georgia  and  Alabama,  under 

2664  the  provision  of  any  treaty,  or  treaties,  heretofore  concluded, 

2665  between  the  United  States  and  the  Creek  tribe  of  Indians  :  And 

2666  provided  further,  That  nothing  in  said  convention  shall  be  con~ 

2667  strued  to  cede,  or  assign,  to  the  Cherokees  any  lands  heretofore 

2668  ceded,  or  assigned,  to  any  tribe,  or  tribes  of  Indians,  by  any 

2669  treaty  now  existing  and  in  force  with  any  such  tribe  or  tribes  ;" 

2670  and 

2671  Whereas  it  appears  from  the  Creek  treaty,  made  with  the 

2672  United  States  by  the  Creek  Nation,  dated  twenty-fourth  day  of 

2673  January,  eighteen  hundred  and  twenty-six,  at  the  city  of  Wash- 

2674  iugton,  that  they  had  the  right  to  select,  and  did  select,  a  part 

2675  of  the  country  described  within  the  boundaries  mentioned  above 

2676  in  said  Cherokee  articles  of  agreement ;  and 

2677  Whereas  both  the  Cheerokee  and  Creek  nations  of  Indians 

2678  west  of  the  Mississippi,  anxious  to  have  their  boundaries  settled 

2679  in  an  amicable  manner,  have  met  each  other  in  council,  and, 

2680  after  full  deliberation,  mutually  agreed  upon  tfre  boundary -lines 

2681  between  them : 

26S2  Now,  therefore,  the  United  States  on  one  part,  and  the  c  iefs 


63 

2683  iiud  head-men  of  the  Cherokee  Nation  of  Indians  west  of  the 

2684  Mississippi  on  the  other  part,  agree  as  follows  : 

2685  ARTICLE  1.  The  United  States  agree  to  possess  the  Cheer- 

2686  okees,  and  to  guarrautee  it  to  them  forever,  and  that  guarrantee 

2687  is  hereby  pledged,   of  seven  millions  of  acres  of  land,   to  be 

2688  bounded  as  follows,  viz  :     Beginning  at  a  point  on  the  old  west- 

2689  ern  territorial  line  of  Arkansas  Territory,  being  twenty-five  miles 

2690  north  from  the  point  where  the  territorial  line  crosses  Arkansas 

2691  Elver;  thence  running  from  said  north  point,  south,  on  the  said 

2692  territorial  line,  to  the  place  where  said  territorial  line  crosses 

2693  the  Verdigris  Elver ;  thence  down  said  Verdigris  Eiver  to  the 

2694  Arkansas  Eiver ;  thence  down  said  Arkansas  to  a  point  where 

2695  a  stone  is  placed  opposite  to  the  east  or  lower  bank  of  Grand 

2696  Eiver  at  its  junction  with  the  Arkansas  ;  thence  running  south, 

2697  forty-four  degrees  west,  one  mile :  thence  in  a  straight  line  to  a 

2698  point  four  miles  northerly  from  the  mouth  of  the  North  Fork  of 
'2699  the  Canadian;  thence  along  the  said  four-miles  line  to  the  Ca- 

2700  nadian ;  thence  down  the  Canadian  to    the  Arkansas;  thence 

2701  down  the  Arkansas  to  that  point  on  the  Arkansas  where  the 

2702  eastern  Choctaw  boundary  strikes  said  river  ;  and  running  thence 

2703  with  the  western  line  of  Arkansas  Territory  as  now  defined,  to 

2704  the  southwest  corner  of  Missouri ;  thence  along  the  western  Mis- 

2705  souri  Hue  to  the  land  assigned  the  Seuecas ;  thence  on.the  South 

2706  line  of  the  Senecas  to  Grand  Elver ;  thence  up  said  Grand  Eiver 

2707  as  far  as  the  south  line  of  the  Osage  reservation,  extended  if 

2708  necessary ;  thence  up  and  between  said  south  Osage  line,  extended 

2709  west  if  necessary ;  and  a  line  drawn  due  west  from  the  point  of 

2710  beginning,  to  a  certain  distance  west,  at  which  a  line  running 

2711  north  and  south  from  said  Osage  line  to  said  due  west  line  will 

2712  make  seven  millions  of  acres  within  the  whole  described  bound- 

2713  aries.    In  addition  to  the  seven  millions  of  acres  of  land,  thus 

2714  provided  for,  and  bounded,  the  United  States  further  guarrautee 

2715  to  the  Cheerokee  Nation  a  perpetual  outlet  west  and  a  free  and 

2716  unmolested  use  of  all  the  country  lying  west  of  the  western 

2717  boundary  of  said  seven  millions  of  acres  as  far  \vest  as  the  sov- 

2718  ereignty  of  the  United  States  and  their  right  of  soil  extend : 

2719  Provided,  hoicever,  That  if  the  saline,  or  salt  plain,  on  the  great 

2720  western  prairie,  shall  fall  within  said  limits  prescribed  for  said 

2721  outlet,  the  right  is  reserved  to  the  United  States  to  permit 

2722  other  tribes  of  red  men  to  get  salt  on  said  plain  in  common  with 

2723  the  Cheerokees ;  and  letters-patent  shall  be  issued  by  the  United 

2724  States  as  soon  as  practicable  for  the  land  hereby  guarranteed. 

2725  ARTICLE  2.   The  Cheerokee  Nation  hereby  relinquish  and 

2726  quit  claim  to  the  United  States  all  the  right,  interest,  and  title 

2727  which  the  Cheerokees  have  or  claim  to  have  in  and  to  all  the 

2728  land  ceded,  or  claimed  to  have  been  ceded  to  said  Cheerokee  Na- 


64 

2729  tion  by  said  treaty  of  sixth  of  May,  one  thousand  eight  hundred 

2730  and  twenty-eight,  and  not  embraced  within  the  limits  or  bounda- 

2731  ries  fixed  in  this  present  supplementary  treaty  or  articles  of 

2732  convention  and  agreement. 

2733  ARTICLE  3.    The  Cherokee  Nation,  having  particularly  re- 

2734  quested  the  United  States  to  annul  and  cancel  the  sixth  article 

2735  of  said  treaty  of  sixth  May,  one  thousand  eight  hundred  and 

2736  twenty  eight,  the  United  States  agree  to  cancel  the  same,  and 

2737  the  same   is  hereby   annulled.     Said   sixth   article  referred  to 

2738  is  in  the  following  words:    "  It  is  moreover  agreed  by  the  United 

2739  States,  when  the  Cheerokees  may  desire  it,  to  give  them  a  plain 

2740  set  of  laws,  suited  to  their  condition ;  also,  when  they  may  wish  to 

2741  lay  off  their  lands  and  own  them  individually,  a  surveyor  shall 

2742  be  sent  to  survey  them  at  the  expense  of  the  United  States. 

2743  ARTICLE  4.  In  consideration  of  the  establishment  of  new 

2744  boundaries  in  part,  for  the  lands  ceded  to  said  Cheerokee  Nation 

2745  and  in  view  of  the  improvement   of  said  nation,  the  United 

2746  States  will  cause  to  be  erected,  on  laud  now  guarrauteed  to  the 

2747  said  nation,  four  blacksmith  shops,  one  wagon-maker  shop,  one 

2748  wheelwright  shop,  and  necessary  tools  and  implements  furnished 

2749  for  the  same;  together  with  one  ton  of  iron,  and  two  hundred 

2750  and  fifty  pounds  of  steel,  for  each  of  said  blacksmith  shops,  to 

2751  l)e  worked  up  for  the  benefit  of  the  poorer  class  of  red  men 

2752  belonging  to  the  Cherokee  Nation.    And  the  United  States  will 

2753  employ  four  blacksmiths,  one  wagon-maker,  and  one  wheelwright, 

2754  to  work  in  said  shops  respectively,  for  the  benefit  of  said  Cheer. 

2755  okee  Nation ;  and  said  materials  shall  be  furnished  annually, 

2756  and  said  services  continued,  so  long  as  the  President  may  deem 

2757  proper.    And  said  United  States  will  cause  to  be  erected  on 

2758  said  lauds,  for  the  benefit  of  said  Cheerokees,  eight  patent  rail- 

2759  way  corn  mills,  in  lieu  of  the  mills  to  be  erected  according  to 

2760  the  stipulation  of  the  fourth  article  of  said  treaty  of  sixth  of 

2761  May,  one  thousand  eight  hundred  twenty-eight,  from  the  avails 

2762  of  the  sale  of  the  old  agency. 

2763  ARTICLE  5.  These  articles   of  agreement  and  convention 

2764  are  to  be  considered  supplementary  to  the  treaty  before  men- 

2765  tioned  between  the  United  States  and  the  Cheerokee  Nation  west 

2766  of  the  Mississippi,  dated  sixth  of  May,  one  thousand  eight  huu- 

2767  dred  and  twenty-eight,  and  not  to  vary  the  rights  of  the  parties 

2768  to  said  treaty,  any  further  than  said  treaty  is  inconsistent  with 

2769  the  provisions  of  this  treaty,  now  concluded,  or  these  articles  of 

2770  convention  and  agreement. 

2771  ARTICLE  6.  It  is  further  agreed  by  the  Cheerokee  Nation 

2772  that  one  mile  square  shall  be  reserved  and  set  apart  from  the 

2773  lands  hereby  guaranteed  for  the  accommodation  of  the  Cheero- 

2774  kee  agency;  and  the  location  of  the  same  shall  be  designated 


65 

2775  by  the  Oheerokee  Nation,  in  conjunction  with  the  agent  of  the 

2776  Government  of  the  United  States. 

2777  ARTICLE  7.  This  treaty,  or  articles  of  convention,  after  the 

2778  same  have  been  ratified  by  the  President  and  Senate,  shall  be 

2779  obligatory  on  the  United  States  and  said  Cheerokee  Nation. 

2780  Proclaimed  April  12,  1834. 

2781  Articles  of  a  treaty  concluded  at  New  Echota  in  the  State  of 

2782  Georgia  on  the  2$th  day  of  Dec?r,  1835,  by  General   William 

2783  Carroll  and  John  F.  Schermerhorn,  commissioners  on  the  part  of 

2784  the   United  States,  and  the  chiefs,  head  men,  and  people  of  the 

2785  Cherolcee  tribe  of  Indians. 

2786  Whereas  the  Cherokees  are  anxious  to  make  some  arrange  - 

2787  ments  with  the  Government  of  the  United  States  whereby  the 

2788  difficulties  they  have  experienced  by  a  residence  within  the 

2789  settled  parts  of  the  United  States  under  the  jurisdiction  and 

2790  laws  of  the  State  governments  may  be  terminated  and  adjusted ; 

2791  and  with  a  view  to  reuniting  their  people  in  one  body  and 

2792  securing  a  permanent  home  for  themselves  and  their  posterity 

2793  in  the  country  selected  by  their  forefathers  without  the  territo- 

2794  rial  limits  of  the  State  sovereignties,  and  where  they  can  estab- 

2795  lish  and  enjoy  a  government  of  their  choice,  and  perpetuate  such 

2796  a  state  of  society  as  may  be  most  consonant  with  their  views, 

2797  habits,  and  condition,  and  as  may  tend  to  their  individual  com- 

2798  fort  and  their  advancement  in  civilization  ;  and 

2799  Whereas  a  delegation  of  the  Cherokee  Nation,  composed 

2800  of  Messrs.  John  Boss,  Eichard  Taylor,  Dan'l  McCoy,  Samuel 

2801  Guuter,  and  William  Eogers,  with  full  power  and  authority  to 

2802  conclude  a  treaty  with  the  United  States,  did  on  the  28th  day 

2803  of  February,  1835,  stipulate  and  agree  with  the  Government  of 

2804  the  United  States  to  submit  to  the  Senate  to  fix  the  amount 

2805  which  should  be  allowed  the  Cherokees  for  their  claims  and  for 

2806  a  cession  of  their  lands  east  of  the  Mississippi  Eiver,  and  did 

2807  agree  to  abide  by  the  award  of  the  Senate  of  the  United  States 

2808  themselves,  and  to  recommend  the   same  to  their  people  for 

2809  their  final  determination  $  and 

2810  Whereas  on  such  submission  the  Senate  advised  uthat 

2811  a  sum  not  exceeding  five  millions  of  dollars  be  paid  to  the 

2812  Cherokee  Indians  for  all  their  lands  and  possessions  east  of  the 

2813  Mississippi  Eiver f  and 

2814  Whereas  this  delegation,  after  said  award  of  the  Senate 

2815  had  been  made,  were  called  upon  to  submit  propositions  as  to 

2816  its  disposition,  to  be  arranged  in  a  treaty,  which  they  refused  to 

2817  do,  but  insisted  that  the  same  "  should  be  referred  to  their 

2818  nation  and  there  in  general  council  to  deliberate  and  determine 

9IT 


66 

2819  cm  the  subject  in  order  to  insure  harmony  and  good  feeling 

2820  among  themselves  ;"  and 

2821  Whereas  a  certain  other  delegation,  composed  of   John 

2822  Ridge,  Elias    Boudinot,    Archilla    Smith,    S.  W.  Bell,    John 

2823  West,  Win  A.   Davis,  and  Ezekiel   West,   who    represented 

2824  that  portion  of  the  nation  in  favor  of  emigration  to  the  Cherokee 

2825  country  west  of  the  Mississippi,  entered  into  propositions  for  a 

2826  treaty  with  John  F.  Schermerhorn,  commissioner  on  the  part 

2827  of  the  United  States,  which  were  to  be  submitted  to  their  nation 

2828  for  their  filial  action  and  determination;  and 

2829  Whereas  the  Cherokee  people,  at  -their  last  October  coun- 

2830  cil  at  Ked  Clay,  fully  authorized  and  empowered   a  delega- 

2831  tion  or  committee  of  twenty  persons  of  their  nation  to  enter  into 

2832  and  conclude  a  treaty  with  the  United  States  commissioner  then 

2833  present,  at  that  place  or  elsewhere,  and  as  the  people  had  good 

2834  reason  to  believe  that  a  treaty  would  then  and  there  be  made,  or 

2835  at  a  subsequent  council  at  New  Echota,  which  the  commissioners, 

2836  it  was  well  known  and  understood,  wrere  authorized  and   in- 

2837  structed  to  convene  for  said  purpose ;  and  since  the  said  dele- 

2838  gation  have  gone  on  to  Washington  City  with  a  view  to  close 

2839  negotiations  there,  as  stated  by  them,  notwithstanding  they 

2840  were  officially  informed  by  the  United  States  commissioner  that 

2841  they  would  not  be  received  by  the  President  of  the  United 

2842  States,  and  that  the  Government  would  transact  no  business  of 

2843  this  nature  with  them,  and  that  if  a  treaty  wras  made  it  must 

2844  be  done  here  in  the  nation,  where  the  delegation  at  Washington 

2845  last  winter  urged  that  it  should  ~be  done  for  the  purpose  of  promot- 

2846  ing  peace  and  harmony  among  the  people ;  and  since  these  facts 

2847  have  also  been  corroborated  to  us  by  a  communication  recently 

2848  received   by  the  commissioner  from  the  Government   of  the 

2849  United  States,  and  read  and  explained  to  the  people  in  open  ' 

2850  council,  and    therefore    believing  said  delegation   can   effect 

2851  nothing,  and  since  our  difficulties  are  daily  increasing,  and  our 

2852  situation  is  rendered  more  and  more  precarious,  uncertain,  and 

2853  insecure  in  consequence  of  the  legislation  of  the  States ;  and 

2854  seeing  no  effectual  way  of  relief,  but  in  accepting  the  liberal 

2855  overtures  of  the  United  States  ;  and 

2856  Whereas    Gen'i     William    Carroll    and    John    F.    Scher- 

2857  merhorn  were  appointed  commissioners  on  the  part  of  the  United 

2858  States,  with  full  power  and  authority  to  conclude  a  treaty  with 

2859  the  Cherokees  east,  and  were  directed  by  the  President  to  con- 

2860  vene  the  people  of  the  nation  in  general  council  at  New  Echota, 

2861  and  to  submit  said  propositions  to  them  with  power  and  author- 

2862  ity  to  vary  the  same  so  as  to  meet  the  views  of  the  Cherokees  in 

2863  reference  to  its  details ;  and 

2864  Whereas  the  said  commissioners  did   appoint  and  notify 


'67 

2865  a  general  council  of  tlie  nation  to  convene  at  New  Ecbotaon  the 

2866  21st  day  of  December,  1835,  and  informed  them  that  the  com- 

2867  missioners  would  be  prepared  to  make  a  treaty  with  the  Chero- 

2868  kee  people  who  should  assemble  there,  and  those  who  did  not 

2869  come  they  should  conclude  gave  their  assent  and  sanction  to 

2870  whatever  should  be  transacted  at  this  council,  and  the  people 

2871  having  met  in  council  according  to  said  notice: 

2872  Therefore,  the  following  articles  of  a  treaty  are  agreed  upon 

2873  and  concluded  between  William.  Carroll  and  John  F.  Seheriner- 

2874  horn,  commissioners  on  the  part  of  the  United  States,  and  the 

2875  chiefs  and  head  men  and  people  of  the  Cherokee  Nation,  in  gen- 

2876  era!  council  assembled  this  29th  day  of  Dec'r,  1835  : 

2877  ARTICLE  1.  The  Cherokee  Nation  hereby  cede,  relinquish, 

2878  and  convey  to  the  United  States  all  the  lauds  owned,  claimed, 

2879  or  possessed  by  them  east  of  the  Mississippi  Eiver,  and  hereby 

2880  release  all  their  claims  upon  the  United  States  for  spoliations  of 

2881  every  kind,  for  and  in  consideration  of  the  sum  of  five  millions 
2382  of  dollars,  to  be  expended,  paid,  and  invested  in  the  manner 

2883  stipulated  and  agreed  upon  in  the  following  articles.    But  as  a 

2884  question  has  arisen  between  the  commissioners  and  the  Chero- 

2885  kees,  whether  the  Senate  in  their  resolution,  by  which  they  ad- 

2886  vised  "that  a  sum  not  exceeding  five  millions  of  dollars  be  paid 

2887  to  the  Cherokee  Indians  for  all  their  lands  and  possessions  east 

2888  of  the  Mississippi  Eiver,"  have  included  and  made  any  allowance 

2889  or    consideration   for  claims  for  spoliations ;    it  is    therefore 

2890  agreed  on  the  part  of  the  United  States  that  this  question  shall 

2891  be  again  submitted  to  the  Senate  for  their  consideration  and  de- 

2892  cision,  and  if  no  allowance  was  made  for  spoliations,  that  then 

2893  an  additional  sum  of  three  hundred  thousand  dollars  be  allowed 

2894  for  the  same. 

2895  ARTICLE  2.  Whereas,  by  the  treaty  of  May  6th,  1828,  and 

2896  the  supplementary  treaty  thereto    of  Feb.   14th,   1833,    with 

2897  the  Cherokees  west  of  the  Mississippi,  the  United  States  guaran  - 

2898  tied  and  secured  to  be  conveyed  by  patent,  to  the  Cherokee  Na- 

2899  tion  of  Indians,  the  following  tract  of  country:  "Beginning  at 

2900  a  point  on  the  old  western  territorial  line  of  Arkansas  Territory, 

2901  being  twenty-five  miles  north  from  the  point  where  the  territo- 

2902  rial  line  crosses  Arkansas  Eiver ;  thence  running  from  said  north 

2903  point  south  on  the  said  territorial  line  where  the  said  territorial 

2904  line  crosses  Verdigris  Eiver ;  thence  down  said  Verdigris  Eiver 

2905  to  the  Arkansas  Eiver ;  thence  down  said  Arkansas  to  a  point 

2906  where  a  stone  is  placed  opposite  the  east  or  lower  bank  of  Grand 

2907  Eiver  at  its  junction  with  the  Arkansas ;  thence  running  south 

2908  forty-four  degrees  west  one  mile  ;  thence  in  a  straight  line  to  a 

2909  point  four  miles  northerly,  from  the  mouth  of  the  north  fork  of 

2910  the  Canadian ;  thence  along  the  said  four-mile  line  to  the  Cana- 


68 

2911  diaii ;  thence  down  the  Canadian  to  the  Arkansas ;  thence  down 

2912  the  Arkansas  to  that  point  on  the  Arkansas  where  the  eastern 

2913  Choctaw  boundary  strikes  said  river,  and  running  thence  with 

2914  the  western  line  of  Arkansas  Territory,  as  now  defined,  to  the 

2915  southwest  corner  of  Missouri ;  thence  along  the  western  Missouri 

2916  line  to  the  land  assigned  the  Senecas ;  thence  on  the  south  line 

2917  of  the  Senecas  to  Grand  Biver ;  thence  up  said  Grand  Kiver  as 

2918  far  as  the  south  line  of  the  Osage  reservation,  extended  if  neces- 

2919  sary ;  thence  up  and  between  said  south  Osage  line/extended 

2920  west  if  necessary,  and  a  line  drawn  due  west  from  the  point  of 

2921  beginning  to  a  certain  distance  west,  at  which  a  line  running 

2922  north  and  south  from  said  Osage  line  to  said  due  west  line  will 

2923  make  seven  millions  of  acres  within  the  whole  described  bounda- 

2924  ries.    In  addition  to  the  seven  millions  of  acres  of  land  thus  pro- 

2925  vided  for  and  bounded,  the  United  States  further  guaranty  to 

2926  the  Cherokee  Nation  a  perpetual  outlet  west,  and  a  free  and  uri- 

2927  molested  use  of  all  the  country  west  of  the  western  boundary  of 

2928  said  seven  millions  of  acres,  as  far  west  as  the  sovereignty  of 

2929  the  United  States  and  their  right  of  soil  extend  :  Provided,  liow- 

2930  ever,  That  if  the  saline  or  salt  plain  on  the  western  prairie  shall 

2931  fall  within  said  limits  prescribed  for  said  outlet,  the  right  is  re- 

2932  served  to  the  United  States  to  permit  other  tribes  of  red  men  to 

2933  get  salt  on  said  plain  in  common  with  the  Cherokees  ;  and  letters- 

2934  patent  shall  be  issued  by  the  United  States  as  soon  as  prac- 

2935  ticable  for  the  land  hereby  guarantied  f  and  whereas  it  is  ap- 

2936  prehended  by  the  Cherokees  that  in  the  above  cession  there 

2937  is  not  contained  a  sufficient  quantity  of  land  for  the  accorn- 

2938  modation  of  the  whole  nation  on  tbeir  removal  west  of  the 

2939  Mississippi,  the  United  States,  in  consideration  of  the  sum  of 

2940  five  hundred  thousand  dollars  therefore,  hereby  covenant  and 

2941  agree  to  convey  to  the  said  Indians  and  their  descendants, 

2942  by  patent  in  fee  simple,  the  following  additional  tract  of  laud, 

2943  situated  between  the  west  line  of  the  State  of  Missouri  and 

2944  the  Osage  reservation,  beginning  at  the  southeast  corner  of 

2945  the  same  and  runs  north  along  the  east  line  of  the  Osage  lauds 

2946  fifty  miles  to  the  northeast  corner  thereof  5  and  thence  east  to 

2947  the  west  line  of  the  State  of  Missouri ;  thence  with  said  line 

2948  south  fifty  miles ;  thence  west  to  the  place  of  beginning ;  esti- 
,2949  mated  to  contain  eight  hundred  thousand  acres  of  laud ;  but  it 

2950  is  expressly  understood  that  if  any  of  the  lands  assigned  the 

2951  Quapaws  shall  fall  within  the  aforesaid  bounds  the  same  shall 

2952  be  reserved  and  excepted  out  of  the  lands  above  granted,  and  a 

2953  pro  rata  reduction  shall  be  made  in  the  price  to  be  allowed  to 

2954  the  United  States  for  the  same  by  the  Cherokees. 

2955  ARTICLE  3.  The  United  States  also  agree  that  the  lands 

2956  above,  ceded  by  the    treaty  of  Feb.  14,   1833,  including    the 


69 

( 2957  outlet,  and  those  ceded  by  this  treaty,  shall  all  be  included  in 

2958  one  patent  executed  to  the  Cherokee  Nation  of  Indians  by  the 

2959  President  of  the  United  States  according  to  the  provisions  of 

2960  the  act  of  May  28, 1830.   It  is,  however,  agreed  that  the  military 

2961  reservation  at  Fort  Gibson  shall  be  held  by  the  United  States. 

2962  But  should  the  United  States  abandon  said  post  and  have  no 

2963  further  use  for  the  same  it  shall  revert  to  the  Cherokee  Nation. 

2964  The  United  States  shall  always  have  the  right  to  make  and  es- 

2965  tablish  such  post  and  military  forts  in  any  part  of  the  Cherokee 

2966  country  as  they  may  deem  proper  for  the  interest  and  protec- 

2967  tion  of  the  same,  and  the  free  use  of  as  much  land,  timber,  fuel, 

2968  and  materials  of  all  kinds  for  the  construction  and  support  of 

2969  the  same,  as  may  be  necessary  ;  provided  that  if  the  private 

2970  rights  of  individuals  are  interfered  with,  a  just  compensation 

2971  therefor  shall  be  made. 

2972  ARTICLE  4.  The  United  States  also  stipulate  and  agree  to 

2973  extinguish  for  the  benefit  of  the  Cherokees  the  titles  to  the  res- 

2974  ervations  within  their  country  made  in  the  Osage  treaty  of 

2975  1825  to  certain  half-breeds ;  and  for  this  purpose  they  hereby 

2976  agree  to  pay  to  the  persons  to  whom  the  same  belong  or  have 

2977  been  assigned,  or  to  their  agents  or  guardians,  whenever  they 

2978  shall  execute  after  the  ratification  of  this  treat}T  a  satisfactory 

2979  conveyance  for  the  same  to  the  United  States,  the  sum  of  fif- 

2980  teen  thousand  dollars,  according  to  a  schedule  accompanying 

2981  this  treaty  of  the  relative  value  of  the  several  reservations ; 

2982  and  whereas  by  the  several  treaties  between  the  United  States 

2983  and   the  Osage  Indians  the  Union  and   Harmony  Missionary 

2984  reservations  which  were  established  for  their  benefit  are  now 

2985  situated    within  the   country  ceded  by  them   to    the    United 

2986  States,  the  former  being  situated  in  the  Cherokee  country  and 

2987  the  latter  in  the  State  of  Missouri,  'it  is  therefore  agreed  that 

2988  the  United  States  shall  pay  the  American  Board  of  Commis. 

2989  sioners  for  Foreign  Missions  for  the  improvements  on  the  same 

2990  what  they  shall  be  appraised  at  by  Capt.  Geo.  Vashon,  Cherokee 

2991  sub-agent,  Abraham.  Kedfield,  and  A.  P.  Chouteau,  or   such 

2992  persons  as  the  President  of  the  United  States  shall  appoint,  and 

2993  the  money  allowed  for  the  same  shall  be  expended  in  schools 

2994  among  the  Osages  and  improving  their  condition.    It  is  under- 

2995  stood  that  the  United  States  are  to  pay  the  amount  allowed  for 

2996  the  reservations  in  this  article,  and  not  the  Cherokees. 

2997  ARTICLE  5.  .The  United  States  hereby  covenant  and  agree 

2998  that  the  lands  ceded  to  the  Cherokee  Nation  in  the  foregoing 

2999  article  shall  in  no  future  time,  without  their  consent,  be  included 

3000  within  the  territorial  limits  or  jurisdiction  of  any  State  or  Ter- 

3001  ritory.    But  they  shall  secure  to  the  Cherokee  Nation  the  right 

3002  by  their  national  councils  to  make  and  carry  into  effect  all  such 


70 

3003  laws  as  they  may  deem  necessary  for  the  government  and  pro- 

3004  tection  of  the  persons  and  property  within  their  own  country 

3005  belonging  to  their  people  or  such  persons  as  have  connected 

3006  themselves  with  them  :  Provided  always,  That  they  shall*not  be 

3007  inconsistent  with  the  Constitution  of  the  United  States  and 

3008  such  acts  of  Congress  as  have  been  or  may  be  passed  regulating 
3000  trade  and  intercourse  with  the  Indians ;  and  also,  that  they  shall 

3010  not  be  considered  as  extending  to  such  citizens  and  army  of  the 

3011  United  States  as  may  travel  or  reside  in  the  Indian  country  by 

3012  permission  according  to  the  laws  and  regulations  established  by 

3013  the  Government  of  the  same. 

3014  ARTICLE  6.  Perpetual  peace  and  friendship  shall  exist  be- 

3015  tween  the  citizens  of  the  United  States  and  the  Cherokee  Indians. 

3016  The  United  States  agree  to  protect  the  Cherokee  Nation  from 

3017  domestic  strife  and  foreign  enemies  and  against  intestine  wrars 

3018  between  the  several  tribes.    The  Cherokees  shall  endeavor  to 

3019  preserve  and  maintain  the  peace  of  the  country  and  not  make 

3020  war  upon  their  neighbors.    They  shall  also  be  protected  against 

3021  interruption  and  intrusion  from  citizens  of  the  United  States, 

3022  who  may  attempt  to  settle  in  the  country  without  their  consent ; 

3023  and  all  such  persons  shall  be  removed  from  the  same  by  order 

3024  of  the  President  of  the  United  States.    But  this  is  not  intended  to 

3025  prevent  the  residence  among  them  of  useful  farmers,  mechanics, 

3026  and  teachers  for  the  instruction  of  Indians  according  to  treaty 

3027  stipulations. 

3028  ARTICLE  7.  The  Cherokee  Nation  having  already  made  great 
3020  progress  in  civilization,  and  deeming  it  important  that  every 

3030  proper  and  laudable  inducement  should  be  offered  to  their  people 

3031  to  improve  their  condition,  as  well  as  to  guard  and  secure  in  the 
.'5032  most  effectual  manner  the  rights  guarantied  to  them  in  this 

3033  treaty,  and  with  a  view  to  illustrate  the  liberal  an  d  enlarged  policy 

3034  of  the  Government  of  the  United  States  towards  the  Indians  in 

3035  their  removal  beyond  the  territorial  limits  of  the  States,  it  is 

3036  stipulated  that  they  shall  be  entitled  to  a  delegate  in  the  House 

3037  of  Eepresentatives  of  the  United  States  whenever    Congress 

3038  shall  make  provision  for  the  same. 

3039  ARTICLE  8.  The  United  States  also  agree  and  stipulate  to 

3040  remove  the  Cherokees  to  their  new  homes,  and  to  subsist  them 

3041  one  year  after  their  arrival  there,  and  that  a  sufficient  number 

3042  of  steamboats  and  baggage- wagons  shall  be  furnished  to  remove 

3043  them  comfortably,  and  so  as  not  to  endanger  their  health,  and 

3044  that  a  physician,  well  supplied  with  medicines,  shall  accompany 

3045  each  detachment  of  emigrants  removed  by  the  Government. 

3046  Such  persons  and  families  as  in  the  opinion  of  the  emigrating 

3047  agent  are  capable  of  subsisting  and  removing  themselves  shall 

3048  be  permitted  to  do  so;  and  they  shall  be  allowed  in  full  of  all 


71 

3049  claims  for  the  same  twenty  dollars  for  each  member  of  their 

3050  family;  and  in  lieu  of  their  one  year's  rations,  they  shall  be  paid 

3051  the  sum  of  thirty-three  dollars  and  thirty-three  cents  if  they 

3052  prefer  it. 

3053  Such  Cherokees  also  as  reside  at  present  out  of  the  nation, 

3054  and  shall  remove  with  them  in  two  years  west  of  the  Mississippi, 

3055  shall  be  entitled  to  allowance  for  removal  and  subsistence  as 
305G  above  provided. 

3057  ARTICLE  9.  The  United  States  agree  to  appoint  suitable 

3058  agents  who  shall  make  a  just  and  fair  valuation  of  all  such  im- 

3059  provements  now  in  the  possession  of  the  Cherokees  as  add  any 

3060  value  to  the  lauds ;  and  also  of  the  ferries  owned  by  them,  ac- 

3061  cording  to  their  nett  income  ;  and  such  im provements  and  ferries 

3062  from  which  they  have  been  dispossessed  in  a  lawless  manner,  or 

3063  under  any  existing  laws  of  the  State  where  the  same  may  be 

3064  situated. 

3065  The  just  debts  of  the  Indians  shall  be  paid  out  of  any  moneys 

3066  due  them  for  their  improvements  and  claims;  and  they  shall 
30Q7  also  be  furnished,  at  the  discretion  of  the  President  of  the 

3068  United  States,  with  a  sufficient  sum  to  enable  them   to  obtain 

3069  the  necessary  means  to  remove  themselves  to  their  new  homes, 

3070  and  the  balance  of  their  dues  shall  be  paid  them  at  the  Cherokee 

3071  agency  west  of  the  Mississippi.     The  missionary  establishments 

3072  shall  also  be  valued  and  appraised  in  a  like  manner,  and  the 

3073  amount  of  them  paid  over  by  the  United  States  to  the  treasurers 

3074  of  the  respective  missionary  societies  by  whom  they  have  been 

3075  established  and  improved,  in  order  to  enable  them  to  erect  such 

3076  buildings  and  make  such  improvements  among  the  Cherokees 

3077  west  of  the  Mississippi  as  they  may  deem  necessary  for  their 

3078  benefit.     Such  teachers  at  present  among  the  Cherokees  as  this 

3079  council  shall  select  and  designate,  shall  be  removed  west  of  the 

3080  IJlississippi  with  the  Cherokee  Nation,  and  on  the  same  terms 

3081  allowed  to  them. 

3082  ARTICLE  10.  The  President  of  the  United  States  shall  invest 

3083  in  some  safe  and  most  productive  public  stocks  of  the  country  for 

3084  the  benefit  of  the  whole  Cherokee  Nation  who  have  removed  or 

3085  shall  remove  to  the  lands  assigned  by  this  treaty  to  the  Chero- 

3086  kee  Nation  west  of  the  Mississippi  the  following  sums  as  per- 

3087  nianent  fund  for  the  purposes  hereinafter  specified,  and  pay  over 

3088  the  nett  income  of  the  same  annually  to  such  person  or  persons  as 

3089  shall  be  authorized  or  appointed  by  the  Cherokee  Nation  to  receive 

3090  the  same,  and  their  receipt  shall  be  a  full  discharge  for  the 

3091  amount  paid  to  them,  viz,  the  sum  of  two   hundred  thousand 

3092  dollars,  in  addition  to  the  present  annuities  of  the  nation,  to  con- 

3093  stitute  a  general  fund,  the  interest  of  which  shall  be  applied 

3094  annually  by  the  council  of  the  nation  to  such  purposes  as  they 


72 

3095  may  deem  best  for  the  general  interest  of  their  people.    The  sum 

3096  of  fifty  thousand  dollars  to  constitute  an  orphans'  fund,  the 

3097  annual  income  of  which  shall  be  expended  towards  the  support 

3098  and  education  of  such  orphan  children  as  are  destitute  of  the 

3099  means  of  subsistence.    The  sum  of  one  hundred  and  fifty  thou- 

3100  sand  dollars,  in  addition  to  the  present  school-fund  of  the  nation, 

3101  shall  constitute  a  permanent  school-fund,  the  interest  of  which 

3102  shall  be  applied  annually  by  the  council  of  the  nation  for  the 

3103  support  of  common  schools  and  such  a  literary  institution  of  a 

3104  higher  order  as  may  be  established  in  the  Indian  country.   And 

3105  in  order  to  secure  as  far  as  possible  the  .true  and  beneficial  appli- 

3106  cation  of  the  orphans'  and  school  fund,  the  council  of  the  Chero- 

3107  kee  Nation,  when   required  by  the  President  of  the  United 

3108  States,  shall  make  a  report  of  the  application  of  those  funds,  and 

3109  he  shall  at  all  times  have  the  right,  if  the  funds  have  been  mis- 

3110  applied,  to  correct  any  abuses  of  them,  and  direct  the  manner 

3111  of  their  application  for  the  purposes  for  which  they  were  intend- 

3112  ed.    The  council  of  the  nation  may,  by  giving  two  years'  notice 

3113  of  their  intention,  withdraw  their  funds  by  and  with  the  consent 

3114  of  the  President  and  Senate  of  the  United  States,  and  invest 

3115  them  in  such  manner  as  they  may  deem  most  proper  for  their 

3116  interest.    The  United  States  also  agree  and  stipulate  to  pay  the 

3117  just  debts  and  claims  against  the  Cherokee  Nation  held  by  the 

3118  citizens  of  the  same,  and  also  the  just  claims  of  citizens  of  the 

3119  United  States  for  services  rendered  to  the  nation,  and  the  sum  of 

3120  sixty  thousand  dollars  is  appropriated  for  this  purpose,  but  no 

3121  claims  against  individual  persons  of  the  nation  shall  allow  beed 

3122  and  paid  by  the  nation.    The  sum  of  three  hundred  thousand 

3123  dollars  is  hereby  set  apart  to  pay  and  liquidate  the  just  claims 

3124  of  the  Cherokees  upon  the  United  States  for  spoliations  of  every 

3125  kind  that  have  not  been  already  satisfied  under  former  treaties. 

3126  ARTICLE  11.  The  Cherokee  Nation  of  Indians,  believing  it 

3127  will  be  for  the  interest  of  their  people  to  have  all  their  funds  and 

3128  annuities  under    their  own   direction   and  future  disposition, 

3129  hereby  agree  to  commute  their  permanent  annuity  of  ten  thou- 

3130  sand  dollars  for  the  sum  of  two  hundred  and  fourteen  thousand 

3131  dollars,  the  same  to  be  invested  by  the  President  of  the  United 

3132  States  as  a  part  of  the  general  fund  of  the  nation  ;  their  present 

3133  school-fund,  amounting  to  about  fifty  thousand  dollars,  shall  con- 

3134  stitute  a  part  of  the  permanent  school-fund  of  the  nation. 

3135  ARTICLE  12.  Those  individuals  and  families  of  the  Cher- 

3136  okee   Nation   that  are  averse  to  a  removal  to  the  Cherokee 

3137  country  west  of  the  Mississippi,  and  are  desirous  to  become  citi- 

3138  zeus  of  the  States  where  they  reside,  and  such  as  are  qualified 

3139  to  take  care  of  themselves  and  their  property,  shall  be  entitled 

3140  to  receive  their  due  portion  of  all  the  personal  benefits  accru- 


73 

3141  ing  under  this  treaty  for  their  claims,  improvements,  and  per 

3142  capita,  as  soon  as  an  appropriation  is  made  for  this  treaty. 

3143  Such  heads  of  Cherokee  families  as  are  desirous  to  reside 

3144  within  the  States  of  No.  Carolina,  Tennessee,   and  Alabama 

3145  subject  to  the  laws  of  the  same,  and  who  are  qualified  or  cal- 

3146  culated  to  become  useful  citizens,  shall  be  entitled,  on  the  certifi- 

3147  cate  of  the  commissioners,  to  a  pre-emption  right  to  one  hun- 

3148  dred  and  sixty  acres  of  land,  or  one-quarter  section,  at  the  mini- 

3149  mum  Congress  price ;  so  as  to  include  the  present  buildings  or 

3150  improvements  of  those  who  now  reside  there,  and  such  as  do  not 

3151  live  there  at  present  shall  be  permitted  to  locate  within  two 

3152  years  any  lauds  not  already  occupied  by  persons  entitled  to  pre- 
3153  eniption  privilege  under  this  treaty ;  and  if  two  or  more  families 

3154  live  on  the  same  quarter  section,  and  they  desire  to  continue 

3155  their  residence  in  these  States,  and  are  qualified  as  above  speci- 

3156  fied,  they  shall,  on  receiving  their  pre-emption  certificate,  be  eu- 

3157  titled  to  the  right  of  pre-emption  to  such  lands  as  they  may 

3158  select  not  already  taken  by  any  person  entitled  to  them  under 

3159  this  treat}'. 

3160  It  is  stipulated  and  agreed  between  the  United  States  and 

3161  the  Cherokee  people  that  John  Ross,  James  Starr,  George  Hicks, 

3162  John   Gnnter,  George  Chambers,  John  Eidge,  Elias  Boudinot, 

3163  George   Sanders,  John  Martin,  William  Rogers,  Roman  Nose 

3164  Situwake,  and  John  Timpson  shall  be  a  committee  on  the  part 

3165  of  the  Cherokees  to  recommend  such  persons  for  the  privilege 

3166  of  pre-emption  rights  as  may  be  deemed  entitled  to  the  same 

3167  under  the  above  articles,  and  to  select  the  missionaries   who 

3168  shall  be  removed  with  the  nation ;  and  that  they  be  hereby  fully 

3169  empowered  and  authorized  to  transact  all  business  on  the  part 

3170  of  the  Indians  which  may  arise  in  carrying  into  effect  the  pro- 

3171  visions  of  this  treaty  and  settling  the  same  with  the   United 

3172  States.     If  any  of  the  persons  above  mentioned  should  decline 

3173  acting,  or  be  removed  by  death,  the  vacancies  shall  be  filled  by 

3174  the  committee  themselves. 

3175  It  is  also  understood  and  agreed  that  the  sum  of  one  huu- 

3176  dred  thousand  dollars  shall  be  expended  by  the  commissioners 

3177  in  such  manner  as  the  committee  deem  best,  for  the  benefit  of 
3178.  the  poorer  class  of  Cherokees  as  shall  remove  west  or  have  re- 

3179  moved  west,  and  are  entitled  to  the  benefits  of  this  treaty.    The 

3180  same  to  be  delivered  at  the  Cherokee  agency  west  as  soon  after 

3181  the  removal  of  the  nation  as  possible. 

3182  ARTICLE  13.  in  order  to  make  a  final  settlement  of  all  the 

3183  claims  of  the  Cherokees  for  reservations  granted  under  former* 

3184  treaties,  to  any  individuals  belonging  to  the  nation,  by  the 

3185  United  States,  it  is  therefore  hereby  stipulated  and  agreed  and 

3186  expressly  understood  by  the  parties  to  this  treaty,  that  all  the 

10  I  T 


74 

3187  Cberokees  aiid  their  heirs  and  descendants  to  whom  any  reser- 

3188  rations  have  been   made  under  any  former  treaties  with  the 
3180  United  States,  and  who  have  not  sold  or  conveyed  the  same  by 

3100  deed  or  others  ise,  and  who,  in  the  opinion  of  the  commissioners, 

3101  have  complied  with  tho  terms  on  which  the  reservations  were 

3102  granted,  as  far  as  practicable  in  the  several  cases,  and  which 

3103  reservations  have  since  been  sold  by  the  United  States,  shall 

3104  constitute  a  just  claim  against  the  United  States,  and  the  orig- 

3105  inal  reservees  or  their  heirs  or  descendants  shall  be  entitled  to 
310(5  receive  the  present  value  thereof,  from  the  United  States,  as 

3107  unimproved  lands.     And  all  such  reservations  as  have  not  been 

3108  sold  by  the  United  States,  and  where  the  terms  on  which  the 
3100  reservations  were  made,  in  the  opinion  of  the  commissioners, 

3200  have  been  complied  with  as  far  as  practicable,  they  or  their  heirs 

3201  or  descendants  shall  be  entitled  to  the  same.     They  are  hereby 

3202  granted  and  confirmed  to  them,  and  also  all  persons  who  were 

3203  entitled   to  reservations   under  the   treaty  of  1817,  and    who, 

3204  as  far  as  practicable,  in  the  opinion  of  the  commissioners,  have 

3205  complied  with  the  stipulations  of  said  treaty,  although,  by  the 
3200  treaty  of  1810,  such  reservations  were  included  in  the  uuceded 

3207  lauds  belonging  to  the  Cherokee  Xation,  are  hereby  confirmed 

3208  to  them  and  they  shall  be  entitled  to  receive  a  grant  for  the 
3200  same.    And  all  such  reservees  as  were  obliged  by  the  laws  of 

3210  the  States  in  which  their  reservations  were  situated,  to  abandon 

3211  the  same  or  purchase  them  from  the  States,  shall  be  deemed  to 

3212  haveajust  claim  against  the  United  States  for  the  amount  by  them 

3213  paid  to  the  States,  with  interest  thereon,  for  such  reservations,  and 

3214  if  obliged  to  abandon  the  same,  to  the  present  value  of  such 

3215  reservations,  as   unimproved   lands ;    but   in    all    cases  where 

3216  the  reservees  have  sold  tkeir  reservations,  or  any  part  thereof, 

3217  and  conveyed  the  same  by  deed  or  otherwise,  and  have  been 

3218  paid  for  the  same,  they,  their  heirs,  or  descendants,  or  their 

3219  assigns,  shall  not  be  considered  as  having  any  claims  upon  the 

3220  United  States  under  this  article  of  the  treaty,  nor  be  entitled 

3221  to  receive  any  compensation  for  the  lands  thus  disposed  of.     It 

3222  is  expressly  understood  by  the  parties  to  this  treaty  that  the 
3±23  amount  to  be  allowed  for  reservations  under  this  article  shall 
32J4  not  be  deducted  out  of  the  consideration  money  allowed  to  the 

3225  Cherokees  for  their  claims  for  spoliations   and  the  cession   of 

3226  their  lauds;  but  the  same  is  to  be  paid  for  independently  by  the 

3227  United  States,  as  it  is  only  a  just  fulfillment  of  former  treaty 

3228  stipulations. 

3±>9  ARTICLE  14.  It  is  also  agreed  oil  the  part  of  the  United 

3230  States  that  such  warriors  of  the  Cherokee  Nation  as  were  en- 

3231  gaged  on  the  side  of  the  United  States  in  the  late  war  with 

3232  Great  Britain  and  the  southern  tribes  of  Indians,  and  who  were 


75 

.'3233  wounded  in  such  service,  shall  be  entitled  to  such  pensions  as 

3234  shall  be  allowed  them  by  the  Congress  of  the  United  States,  to 

3235  commence  from  the  period  of  their  disability. 

323G  ARTICLE  15.  It  is  expressly  understood  and  agreed  between 

3237  the  parties  to  this  treaty  that  after  deducting  the  amount  which 

3238  shall  be  actually  expended  for  the  payment  for  improvements, 
3230  ferries,  claims  for  spoliations,  removal,  subsistence,  and  debts 

3240  and  claims  upon  the  Cherokee  Nation,  anil  for  the  additional 

3241  quantity  of  lands  and  goods  for  the  poorer  class  of  Cherokees, 

3242  and  the  several   sums  to  be  invested  for  the  general  national 

3243  funds  provided  for  in  the  several  articles  of  this  treaty,  the 

3244  balance,  whatever  the  same  may  be,  shall  be  equally  divided 

3245  between  all  the  people  belonging  to  the  Cherokee  Nation  east 
3240  according  to  the  census  just  completed  ;  and  such  Cherokees  as 

3247  have  removed  west  since  June,  1833,  who  are  entitled  by  the 

3248  terms  of  their  enrolment  and  removal  to  all  the  benefits  result- 

3249  ing  from  the  final  treaty  between  the  United  States  and  the 

3250  Cherokees  east,  they  shall  also  be  paid  for  their  improvements 

3251  according  to  their  approved  value  before  their  removal,  where 
32514  fraud  has  not  already  been  shown  in  their  valuation. 

3253  ARTICLE  16.  It  is  hereby  stipulated   and  agreed  by  the 

3254  Cherokees  that  they  shall  remove  to  their  new  homes  within 

3255  two  years  from  the  ratification  of  this  treaty,  and  that  during 
3250  such  time  the  United  States  shall  protect  and  defend  them  in 

3257  their  possessions  and  property,  and  free  use  and  occupation  of 

3258  the  same,  and  such  persons  as  have  been  dispossessed  of  their 
3250  improvements  and  houses,  and  for  which  no  grant  has  actually 

3200  issued  previously  to  the  enactment  of  the  law  of  the  State  of 

3201  Georgia  of  December,  1835,  to  regulate  Indian  occupancy,  shall 

3202  be  again  put  in  possession  and  placed  in  the  same  situation  and 

3203  condition,  in  reference  to  the  laws  of  the  State  of  Georgia,  as 

3204  the  Indians  that  have  not  been  dispossessed  ;  and  if  this  is  not 

3205  done,   and   the  people  are  left  unprotected,  then  the  United 
3200  States  shall  pay  the  several  Cherokees  for  their  losses  and  datn- 

3207  ages  sustained  by  them  in  consequence  thereof.    And  it  is  also 

3208  stipulated  and  agreed  that  the  public  buildings  and  improve- 
3200  ments  on  which  they  are  situated  at  New  Echota,  for  which  no 

3270  grant  has  been  actually  made  previous  to  the  passage  of  the 

3271  above  recited  act,  if  not  occupied  by  the  Cherokee  people,  shall 

3272  be  reserved  for  the  public  and  the  free  use  of  the  United  States 

3273  and  the  Cherokee  Indians,  for  the  purpose  of  settling  and  closing 

3274  all  the  Indian  business  arising  under  this  treaty  between  the 

3275  commissioners  of  claims  and  the  Indians. 

3270  The  United  States,  and  the  several  States  interested  in  the 

3277  Cherokee  lands,  shall  immediately  proceed  to  survey  the  lands 

3278  ceded  by  this  treaty;  but  it  is  expressly  agreed  and  understood 


76 

3279  between  the  parties  that  the  agency  buildings  and  that  tract  of 

3280  land  surveyed  and  laid  off  for  the  use  of  Colonel  K.  J.  Meigs, 
328L  Indian  agent,  or  heretofore  enjoyed  and  occupied  by  his  suc- 

3282  cessors  in  office,  shall  continue  subject  to  the  use  and  occupancy 

3283  of  the  United  States,  or  such  agent  as  may  be  engaged  specially 

3284  superintending  the  removal  of  the  tribe. 

3285  ARTICLE  17.  All  the  claims  arising  under  or  provided  for 
3286.  in   the  several  articles  of  this  treaty  shall  be  examined  and 

3287  adjudicated  by  such  commissioners  as  shall  be  appointed  by  the 

3288  President  of  the  United  States,  by  and  with  the  advice  and 

3289  consent  of  the  Senate  of  the  United  States,  for  that  purpose 5 

3290  and  their  decision  shall  be  final,  and  on  their  certificate  of  the 

3291  amount  due  the  several  claimants  they  shall  be  paid  by  the 

3292  United  States.    All  stipulations  in  former  treaties  which  have 

3293  not  been  superseded  or  annulled  by  this  shall  continue  in  full 

3294  force  and  virtue. 

3295  ARTICLE  18.  Whereas   in   consequence  of  the  unsettled 

3296  affairs  of  the  Cherokee  people,  and  the  early  frosts,  their  crops 

3297  are  insufficient  to  support  their  families,  and  great  distress  is 

3298  likely  to  ensue ;  and  whereas  the  nation  will  not  until  after 

3299  their  removal  be  able  advantageously  to  expend  the  income  of 

3300  the  permanent  funds  of  the  nation,  it  is  therefore  agreed  that 

3301  the  annuities  of  the  nation  which  may  accrue  under  this  treaty 

3302  for  two  years,  the  time  fixed  for  their  removal,  shall  be  expended 

3303  in  provisions  and  clothing  for  the  benefit  of  the  poorer  class  of 

3304  the  nation ;  and  the  United  States  hereby  agree  to  advance  the 

3305  same  for  that  purpose  as  soon  after  the  ratification  of  this  treat}' 

3306  as  an  appropriation  for  the  same  shall  be  made.    It  is,  however, 

3307  not  intended  in  this  article  to  interfere  with  that  part  of  the 

3308  annuities  due  the  Cherokees  west  by  the  treaty  of  1819. 

3309  ARTICLE  19.  This  treaty,  after  the  same  shall  be  ratified 

3310  by  the  President  and  Senate  of  the  United   States,  shall  be 

3311  obligatory  on  the  contracting  parties. 

3312  Proclaimed  May  23,  1836. 

3313  Whereas  the  Western  Cherokees  have  appointed  a  delega- 

3314  tion  to  visit  the  Eastern  Cherokees  to  assure  them  of  the  friendly 

3315  disposition  of  their  people  and  their  desire  that  the  nation  should 

3316  again  be  united  as  one  people,  and  to  urge  upon  them  the  expc- 

3317  diency  of  accepting  the  overtures  of  the  Government;  and  that, 

3318  on  their  removal,  they  may  be  assured  of  a  hearty  welcome  and 

3319  an  equal  participation  with  them  in  all  the  benefits  and  privi- 

3320  leges  of  the  Cherokee  country  west;  and  the  undersigned,  two 

3321  of  said  delegation,  being  the  only  delegates  in  the  eastern  nation 

3322  from  the  west  at  the  signing  and  sealing  of  the  treaty  lately 

3323  concluded  at  New  Echota  between  their  eastern  brethren  and 


77 

3324  the  United  States,  aud  having  fully  understood  the  provisions 

3325  of  the  same,  they  agree  to  it  in  behalf  of  the  Western  Cherokees. 

3326  But  it  is  expressly  understood  that  nothing  in  this  treaty  shall 

3327  affect  any  claims  of  the  Western  Cherokees  on  the  United  States. 

3328  In  testimony  whereof  we  have,  this  31st  day  of  December, 

3329  1835,  hereunto  set  our  hands  and  seals. 

3330  JAMES  ROGERS, 

3331  JO  OX  SMITH, 

3332  Delegates  from  the  Western  Cherokees. 

3333  Schedule  and  estimated  value  of  the  Osage  half-breed  reservations 

3334  within  the  territory  ceded  ~by  the  CheroJcees  icest  of  the  Missis- 

3335  8-ippi,  (referred  to  in  article  5  on  the  foregoing  treaty,)  viz  : 

3336  Augustus  Clainont,  one  section $6,  000 

3337  James  Clamont,  one  section 1, 000 

3338  Paul  Clainont,  one  section 1, 300 

3339  Henry  Clamont,  one  section 800 

3340  Anthony  Clamont,  one  section 1,  800 

3341  Rosalie  Clamont,  one  section  , ....     ] ,  800 

3342  Emilia  D.,  of  Mihanga , 1,  000 

3343  Emilia  D.,  of  Shemiauga. 1,  300 

3344 

3345  $15, 000 

3346  I  hereby  certify  that  the  above  schedule  is  the  estimated 

3347  value  of  the  Osage  reservations,  as  made  out  and  agreed  upon 

3348  with  Col.  A.  P.  Chouteau,  who  represented  himself  as  the  agent 

3349  or  guardian  of  the  above  reservees. 

3350  J..F.  SCHERMERHORN. 

3351  MARCH  14,  1835. 

3352  Supplementary  articles  to  a  treaty  concluded  at  New  JEchota,  Geor- 

3353  gia,  December  29, 1835,  between  the  United  States  and  Cherokee 

3354  people. 

3355  Whereas  the  undersigned  were  authorized  at  the  general 

3356  meeting  of  the  Cherokee  people  held  at  New  Echota,  as  above. 

3357  stated,  to  make  and  assent  to  such  alterations  in  the  preceding 

3358  treaty  as  might  be  thought  necessary;  and  whereas  the  Presi- 

3359  dent  of  the  United  States  has  expressed  his  determination  not 

3360  to  allow  any  pre-emptions  or  reservations,  his  desire  being  thai 

3361  the  whole  Cherokee  people  should  remove  together  and  estab- 

3362  lish  themselves  in  the  country  provided  for  them  west  of  the 

3363  Mississippi  river: 

3364  ARTICLE  1.  It  is  therefore  agreed  that  all  the  pre-emption 


78 

3365  rights  arid  reservations  provided  for  in  articles  12  and  13  shall 

336G  be  and  are  hereby  relinquished  and  declared  void. 

3367  ARTICLE  2.  Whereas  the  Cherokee  people  have  supposed 

3368  that  the  sum  of  five  millions  of  dollars  fixed  by  the  Senate  in 

3369  their  resolution  of day  of  March,  1835,  as  the  value  of  the 

3370  Cherokee  lands  and  possessions  east  of  the  Mississippi  River 

3371  was  not  intended  to  include  the  amount  which  may  be  required 

3372  to  remove  them,  nor  the  value  of  certain  claims  which  many  of 

3373  their  people  had  against  citizens  of  the  United  States,  which 

3374  suggestion  has  been  confirmed  by  the  opinion  expressed  to  the 

3375  War  Department  by  some  of  the  Senators  who  voted  upon  the 

3376  question ;  and  whereas  the  President  is  willing  that  this  subject 

3377  should  be  referred  to  the  Senate  for  their  consideration,  and  if 

3378  it  was  not  intended  by  the  Senate  that  the  above-mentioned 

3379  sum  of  five  millions  of  dollars  should  include  the  objects  herein 
33SO  specified,  that  in  that  case  such  further  provision  should  be 

3381  made  therefor  as  might  appear  to  the  Senate  to  be  just : 

3382  ARTICLE  3.  It  is  therefore  agreed  that  the  sum  of  six  huu- 

3383  dred  thousand  dollars  shall  be,  and  the  same  is  hereby,  allowed 

3384  to  the  Cherokee  people,  to  include  the  expense  of  their  removal, 

3385  and  all  claims  of  every  nature  and  description  against  the  Gov- 

3386  eminent  of  the  United  States  not  herein  otherwise  expressly  pro- 

3387  vided  for,  and  to  be  in  lieu  of  the  said  reservations  and  pre- 
3388  emptious,  and  of  the  sum  of  three  hundred  thousand  dollars  for 

3389  spoliations  described  in  the  1st  article  of  the  above-mentioned 

3390  treaty.    This  sum  of  six  hundred  thousand  dollars  shall  be  ap- 

3391  plied  and  distributed  agreeably  to  the  provisions  of  the  said 

3392  treaty,  and  any  surplus  which  may  remain  after  removal  and 

3393  payment  of  the  claims  so  ascertained,  shall  be  turned  over  and 

3394  belong  to  the  education  fund. 

3395  But  it  is  expressly  understood  that  the  subject  of  this  arti- 

3396  cle  is  merely  referred  hereby  to  the  consideration  of  the  Senate, 

3397  and  if  they  shall  approve  the  same,  then  this  supplement  shall 

3398  remain  part  of  the  treaty. 

3399  ARTICLE  4.  It  is  also  understood  that  the  provisions  in  ar- 

3400  ticle  16,  for  the  agency  reservation,  is  not  intended  to  interfere 

3401  with  the  occupant  right  of  any  Cherokees,  should  their  improve- 

3402  ineut  fall  within  the  same. 

3403  It  is  also  understood  and  agreed,  that  the  one  hundred 

3404  thousand  dollars  appropriated  in  article  12  for  the  poorer  class 

3405  of  Cherokees,  and  intended  as  a  set-off  to  the  pre-emption  rights, 

3406  shall  now  be  transferred  from  the  funds  of  the  nation  and  added 

3407  to  the  general  national  fund  of  four  hundred  thousand  dollars, 

3408  so  as  to  make  said  fund  equal  to  five  hundred  thousand  dollars. 

ARTICLE  5.  The  necessary  expenses  attending  the  negotia- 

3410  tion  of  the  aforesaid  treaty  and  supplement,  and  also  of  such 


79 

3411  persons  of  the  delegation  as  may  sign  the  same,  shall  be  de- 

3412  frayed  by  the  United  States. 

3413  Proclaimed  May  23,  1830. 


3414  Articles  of  a  treaty  made  and  concluded  at    Washington,  in  the 

3415  District  of  Columbia,  between  the  United  States  of  America,  by 
3116  three  commissioners,  Edmund  Burke,  William  Armstrong,  and 
3U7  Albion  K.  Parris  ;  and  John  Ross, principal  chief  of  the  Chcr- 

3418  oltee  Nation;  David  Vann,  William  S.  Coody,  Richard  Taylor, 

3419  .  T.  H.  Walker,  Clement  V.   McNair,  Stephen  Foreman,  John 

3420  Drew,  and  Richard  Field,  delegates  duly  appointed  ly  the  rcy. 

3421  iilarly  constituted  authorities  of  the  Cherokee  Nation  ;  George 
3122  IF.  Adair,  John  A,  Bell,  Stand  Watie,  Joseph  M.  Lynch,  John 

3423  Huss,  and  Brice  Martin,  a  delegation  appointed  ~by,  and  repre. 

3424  senting  that  portion  of  the  Cherokee  tribe  of  Indians  known 

3125  and  recognized  as  the  u  Treaty  Party  f  John  Broicn,  Captain 

3126  Dutch,  John  L.  McCoy,  Richard  Drew,  and  Ellis  Phillips, 

3427  delegates  appointed  ly,  and  representing,  that  portion  of  the 

3428  Cherokee  Tribe  of  Indians  'known  and  recognized  as  "  Western 
3420  Cherokee*?  or  "Old  Settlers" 

3430  Whereas  serious  difficulties  have,  for  a  considerable  time 

3431  past,  existed  between  the  different  portions  of  the  people  consti- 

3432  tilting  and  recognized  as  the  Cherokee  Nation  of  Indians,  which 

3433  it  is  desirable  should  be  speedily  settled,  so  that  peace  and  har- 

3434  mony  may  be  restored  among  them  ;  and  whereas  certain  claims 

3435  exist  on  the  part  of  the  Cherokee  Nation,  and  portions  of  the 

3436  Cherokee  people,  against  the  United  States  :   Therefore,  with  a 

3437  view  to  the  final  and  amicable  settlement  of  the  difficulties  and 
3138  claims  before  mentioned,  it  is  mutually  agreed  by  the  several 

3439  parties  to  this  convention  as  follows,  viz  : 

3440  ARTICLE  1.  That  the  lands  now  occupied  by  the  Cherokee  Na- 

3441  tiou  shall  be  secured  to  the  whole  Cherokee  people  for  their  common 

3442  use  and  benefit;  and  a  patent  shall  be  issued  for  the  same,  in- 
3143  eluding  the  eight  hundred  thousand  acres  purchased,  together 

3414  with  the  outlet  west,  promised  by  the  United  States,  in  conform- 

3415  ity  with  the  provisions'  relating  thereto,  contained  in  the  third 
3116  article  of  the  treaty  of  1835,  and  in  the  third  section  of  the  act 
3147  of  Congress   approved  May  twenty-eighth,  1830,  which  author- 

3448  izes  the  President  of  the  United  States,  in  making  exchanges  ol' 

3449  lands  with  the  Indian  tribes,  "  to  assure  the  tribe  or  nation  with 

3450  which  the  exchange  is  made  that  the  United  States  will  forever 

3151  secure  and  guarantee  to  them,  and  their  heirs  or  successors,  the 

3152  country  so  exchanged  with  them  ;  and  if  they  prefer  it  that  the 
3453  United  States  will  cause  a  patent  or  grant  to  be  made  and  exe- 
3154  cuted  to  them  for  the  same :  Provided,  always,  That  such  lands 


80 

3455  shall  revert  to  the  United  States  if  the  Indians  become  extinct 

3456  or  abandon  the  same." 

3457  ARTICLE  2.  All  difficulties  and  differences  heretofore  ex- 

3458  isting  between  the  several  parties  of  the  Cherokee  Nation  are 

3459  hereby  settled  and  adjusted,  and  shall,  as  far  as  possible,  be  for- 

3460  gotten  and  forever  buried  in  oblivion.     All  party  distinctions 

3461  shall  cease,  except  so  far  as  they  may  be  necessary  to  carry  out 

3462  this  convention  or  treaty.    A  general  amnesty  is  hereby  declared. 

3463  All  offences  and  crimes  committed  by  a  citizen  or  citizens  of  the 

3464  Cherokee  Nation  against  the  nation,  or  against  an  individual  or 

3465  individuals,  are  hereby  pardoned.     All  Cherokees  who  are  now 

3466  out  of  the  nation  are  invited  and  earnestly  requested  to  return  to 

3467  their  homes,  where  they  may  live  in  peace,  assured  that  they  shall 

3468  not  be  prosecuted  for  any  offence  heretofore  committed  against 

3469  the  Cherokee  Nation,  or  any  individual  thereof.     And  this  par- 

3470  don  and  amnesty  shall  extend  to  all  who  may  now  be  out  of  the 

3471  nation,  and  who  shall  return  thereto  on  or  before  1st  day  of  De- 

3472  cember  next.    Tjie  several  parties  agree  to  unite  in  enforcing 

3473  the  laws  against  ajl  future  offenders.     Laws  shall  be  passed  for 

3474  equal  protection,  and  for  the  security  of  life,  liberty,  and  pro- 

3475  perty ;  and  full  authority  shall  be  given  by  law,  to  all  or  any 

3476  portion  of  the  Cherokee  people,  peaceably  to  assemble  and  pe- 

3477  tition  their  own  government,  or  the  Government  of  the  United 

3478  States,  for  the  redress  of  grievances,  and  to  discuss  their  rights. 

3479  All  armed  police,  light  horse,  and  other  military  organization, 

3480  shall  be  abolished,  and  the  laws  enforced  by  the  civil  authority 

3481  alone. 

3482  No  one  shall  be  punished  for  any  crime  or  misdemeanor  ex- 

3483  cept  on  conviction  by  a  jury  of  his  country,  and  the  sentence  of 

3484  a  court  duly  authorized  by  law  to  take  cognizance  of  the  offence. 

3485  And  it  is  further  agreed,  all  fugitives  from  justice,  except  those 

3486  included  in  the  general  amnesty  herein  stipulated,  seeking  ref- 

3487  uge  in  the  territory  of  the  United  States,  shall  be  delivered  up 

3488  by  the  authorities  of  the  United  States  to  the  Cherokee  Nation 

3489  for  trial  and  punishment. 

3490  ARTICLE  3.  Whereas  certain  claims  have  been  allowed  by 

3491  the  several  boards  of  commissioners  heretofore  appointed  nu- 

3492  der  the  treaty  of  1835,  for  rents,  under  the  name  of  improve- 

3493  ments  and  spoliations,  and  for  property  of  which  the  Indians 

3494  were  dispossessed,  provided  for  under  the  16th  article  of  the 

3495  treaty  of  1835 ;  and  whereas  the  said  claims  have  been  paid  out 

3496  of  the  $5,000,000  fund  ;  and  whereas  said  claims  were  not  justly 

3497  chargeable  to  that  fund,  but  were  to  be  paid  by  .the  United 

3498  States,  the  said  United  States  agree  to  re-imburse  the  said  fund 

3499  the  amount  thus  charged  to  said  fund,  and  the  same  shall  form 

3500  a  part  of  the  aggregate  amount  to  be  distributed  to  the  Chero- 


81 

3501  kee  people,  as  provided  in  the  9tli  article  of  this  treaty ;  and 

3502  whereas  a  further  amount  has  been  allowed  for  reservations  un- 

3503  der  the  provisions  of  the  13th  article  of  the  treaty  of  1835,  by 

3504  said  commissioners,  and  has  been  paid  out  of  the  said  fund,  and 

3505  which  said  sums  were  properly  chargeable  to,  and  should  have 

3506  been  paid  by,  the  United  States,  the  said  United  States  further 

3507  agree  to  re-irnburse  the  amounts  thus  paid  for  reservations  to 

3508  said  fund ;  and  whereas  the  expenses  of  making  the  treaty  of 

3509  New  Echoto  were  also  paid  out  of  said  fund,  when  they  should 

3510  have  been  borne  by  the  United  States,  the  United  States  agree 

3511  to  re-imburse  the  same,  and  also  to  re-imburse  all  other  sums 

3512  paid  to  any  agent  of  the  government,  and  improperly  charged 

3513  to  said  fund  ;  and  the  sama  also  shall  form  a  part  of  the  aggre- 

3514  gate  amount  to  be  distributed  to  the  Cherokee  people,  as  pro- 

3515  vided  in  the  9th  article  of  this  treaty. 

3510  ARTICLE  4.  And  whereas  it  has  been  decided  by  the  board 

3517  of  commissioners  recently   appointed  by  the  President  of  the 

3518  United  States  to  examine  and  adjust  the  claims  and  difficulties 

3519  existing  against  and  between  the  Cherokee  people  and  the 

3520  United  States,  as  well  as  between  the  Cherokees  themselves, 

3521  that  under  the  provisions  of  the  treaty  of  1828,  as  well  as  in 

3522  conformity  with  the  general  policy  of  the  United  States  in  rela- 

3523  tion  to  the  Indian  tribes,  and  the  Cherokee  Nation  in  particular, 

3524  that  that  portion  of  the  Cherokee  people  known  as  the  "  Old 

3525  Settlers,"  or  "  Western  Cherokees,"  had  no  exclusive  title  to  the 

3526  territory  ceded  in  that  treaty,  but  that  the  same  was  intended  for 

3527  the  use  of,  and  to  be  the  home  for,  the  whole  nation,  including 

3528  as  well  that  portion  then  east  as  that  portion  then  west  of  the 

3529  Mississippi  ;  and  whereas  the  said  board  of  commissioners  fur- 

3530  ther  decided  that,  inasmuch  as  the  territory  before  mentioned 

3531  became  the  common  property  of  the  whole  Cherokee  Nation  by 

3532  the  operation  of  the  treaty  of  1828,  the  Cherokees  then  west  of 

3533  the  Mississippi,  by  the  equitable  operation  of  the  same  treaty, 

3534  acquired  a  common  interest  in  the  lands  occupied  by  the  Cher- 

3535  okees  east  of  the  Mississippi  river,  as  well  as  in  those  occupied 

3536  by  themselves  west  of  that  river,  which  interest  should  have 

3537  been  provided   for  in  the  treaty  of  1835,  but  which   was  not, 

3538  except  in  so  far  as  they,  as  a  constituent  portion  of  the  nation, 

3539  retained,  in  proportion  to  their  numbers,  a  common  interest  in 

3540  the  country  west  of  the  Mississippi,  and  in  the  general  funds  of 

3541  the  nation  ;  and  therefore  they  have  an  equitable  claim,  upon 

3542  the  United  States  for  the  value  of  that  interest,  whatever  it 

3543  may  be.    Now,  in  order  to  ascertain  the  value  of  that  interest, 

3544  it  is  agreed  that  the  following  principle  shall  be  adopted,  viz: 

3545  All  the  investments    and    expenditures    which    are  properly 

3546  chargeable  upon  the  sums  granted  in  the  treaty  of  1835,  amount- 

11  i  T 


82 

3547  ing  in  the  whole  to  five  millions  six  hundred  thousand  dollars, 

3548  (which  investments  and  .expenditures  are  particularly  enumer- 

3549  ated  in  the  15th  article  of  the  treaty  of  1835,)  to  be  first  de- 

3550  ducted  from  said  aggregate  sum,  thus  ascertaining  the  residuum 

3551  or  amount  which  would,  under  such  marshalling  of  accounts, 

3552  be  left  former  capita  distribution  among  the  Cherokees,  emigrat- 

3553  ing  under  the  treaty  of  1835,   excluding  all  extravagant  and 

3554  improper  expenditures,  and  then  allow  to  the  Old  Settlers  (or 

3555  Western  Gberokees)  a  sum  equal  to  one  third  part  of  said  re- 

3556  siduum,  to  be  distributed  per  capita  to  each  individual  of  said 

3557  party  of  "  Old  Settlers,1'  or  "Western  Cherokees."    It  is  further 

3558  agreed  that,  so  far  as  the  Western  Cherokees  are  concerned,  in 
3550  estimating  the  expense  of  removal  and  subsistence  of  an.East- 

3560  ern  Cherokee,  to  be  charged  to  the  aggregate  fund  of  live  mil- 

3561  lion,  six  hundred  thousand  dollars  above  mentioned,  the  sums 

3562  for  removal  and  subsistence  stipulated  in  the  8th  article  of  the 

3563  treaty  of  1835,  as  commutation  money  in  those  cases  in  which 

3564  the  parties  entitled  to  it  removed  themselves  shall  be  adopted. 

3565  And  as  it  affects  the  settlement  with  the  Western  Cherokees, 

3566  there  shall  be  no  deduction  from  the  fund  before  mentioned  in 

3567  consideration  of  any  payments  which  may  hereafter  be  made  out 

3568  of  said  fund  j  and  it  is  hereby  further  understood  and  agreed, 

3569  that  the  principle  above  defined  shall  embrace  all  those  Chero- 

3570  kees  west  of  the  Mississippi  who  emigrated  prior  to  the  treaty 

3571  of  1835. 

35713  In  the  consideration  of  the  foregoing  stipulation  on  the  part 

3573  of  the  United  States,  the  "  Western  Cherokees,'7  or   "  Old  Set- 

3574  tiers,"  hereby  release  and  quit-claim  to  the  United  States  all 

3575  right,  title,  interest,  or  claim  they  may  have  to  a  common  prop- 

3576  erty  in  the  Cherokee  lands  east  of  the  Mississippi  River,  and  to 

3577  exclusive  ownership  to  the  lands  ceded  to  them  by  the  treaty  of 

3578  1833  west  of  the  Mississippi,  including  the  outlet  west,  consent- 

3579  ing  and  agreeing  that  the  said  lands,  together  with  the  eight 

3580  hundred  thousand  acres  ceded  to  the  Cherokees  by  the  treaty  of 

3581  1835,  shall  be  and  remain  the  common  property  of  the  whole 

3582  Cherokee  people,  themselves  included. 

3583  ARTICLE  5.  It  is  mutually  agreed  that  the  per  capita  allow- 

3584  auce  to  be  given  to  the  "  Western  Cherokees,"  or  "  Old  Settlers," 

3585  upon  the  principle  above  stated,  shall  be  held  in  trust  by  the 

3586  Government  of  the  United  States,  and  paid  out  to  each  individ- 

3587  ual  belonging  to  that  party  or  head  of  family,  or  his  legal  rep- 

3588  resentatives.    And  it  is  further  agreed  that  the  per  capita  al- 

3589  lowance  to  be  paid  as  aforesaid  shall  not  be  assignable,  but  shall 

3590  be  paid  directly  to  the  persons  entitled  to  it,  or  to  his  heirs  or 

3591  legal  representatives,  by  the  agent  of  the  United  States,  au- 

3592  thorized  to  make  such  payments. 


83 

3593  And  it  is  further  agreed  that  a  committee  of  five  persons  shall 

3504  be  appointed  by  the  President  of  the  United  States,  from  the 

3595  party  of  "Old  Settlers/7  whose  duty  it  shall  be,  in  conjunction 

3596  with  an  agent  of  the  United  States,  to  ascertain  what  persons 

3597  are  entitled  to  the  per  capita  allowance  provided  for  in  this  and 

3598  the  preceding  article. 

3599  ARTICLE  G.  And  whereas  many  of  that  portion  of  the  Chero- 
3000  kec  people  known  and  designated  as  the  "  Treaty  Party  "  have 
3601  suffered  losses  and  incurred  expenses  in  con  sequence  of  the  treaty 

3002  of  1835 ;  therefore,  to  indemnify  the  treaty  party,  the  United 

3003  States  agree  to  pay  to  the  said  treaty  party  the  sum  of  one 

3004  hundred  and  fifteen  thousand  dollars,  of  which  the  sum  of  five 

3005  thousand  dollars  shall  be  paid  by  the  United  States  to  the  heirs 
3000  or  legal  representatives  of  Major  Ridge,  the  sum  of  five  thou- 

3007  sand  dollars  to  the  heirs  or  legal  representatives  of  John  Ridge, 

3008  and  the  sum  of  five  thousand. dollars  to  the  heirs  or  legal  repre- 
3609  sentatives  of  Elias  Boudiuot,  and  the  balance,  being  the  sum  of 

3010  one  hundred  thousand  dollars,  which  shall  be  paid  by  the  United 

3011  States,  in  such  amounts  and  to  such  persons  as  may  be  certified 

3012  by  a  committee  to  be  appointed  by  the  treaty  party,  and  which 

3013  committee  shall  consist  of  not  exceeding  five  persons,  and  ap- 

3014  proved  by  an  agent  of  the  United  States,  to  be  entitled  to  re- 

3015  ceive  the  same  for  losses  and  damages  sustained  by  them,  or  by 

3016  those  of  whom  they  are  the  heirs  or  legal  representatives :  Pro- 
3617  vided.  That  out  of  the  said  balance  of  one  hundred  thousand 

3018  dollars,  the  present  delegation  of  the  treaty  party  may  receive 

3019  the  sum  of  twenty-five  thousand  dollars,  to  be  by  them  applied 

3620  to  the  payment  of  claims  and  other  expenses.    And  it  is  further 

3621  provided  that,  if  the  said  sum  of  one  hundred  thousand  dollars 

3022  should  not  be  sufficient  to  pay  all  the  claims  allowed  for  losses 

3023  and  damages,  that  then  the  same  shall  be  paid  to  the  said  claim 

3624  ants  pro  rata,  and  which  payments  shall  be  in  full  of  all  claims 

3625  and  losses  of  the  said  treaty  party. 

3626  ARTICLE  7.  The  value  of  all  salines  which  were  the  private 

3627  property  of  individuals  of  the  Western  Cherokees,  and  of  which 

3628  they  were  dispossessed,  provided  there  be  any  such,  shall  be  as- 

3629  certained  by  the  United  States  agent,  and  a  commissioner  to  be 

3630  appointed  by  the  Cherokee  authorites;  and,  should  they  be  un- 

3631  able  to  agree,  they  shall  select  an  umpire,  whose  decision  shall 

3632  be  final,  and  the  several  amounts  found  due  shall  be  paid  by  the 

3633  Cherokee  Nation,  or  the  salines  returned  to  their  respective 

3634  owners. 

3635  ARTICLE  8.  The  United  States  agree  to  pay  to  the  Chero- 

3636  kee  Nation  the  sum  of  two  thousand  dollars  for  a  printing-press, 

3637  materials,  and  other  property  destroyed  at  that  time  ;  the  sum 

3638  of  five  thousand  dollars  to  be  equally  divided  among  all  those 


84 

3639  wliose  arms  were  taken  from  them  previous  to  tlieir  removal 

3640  West  by  order  of  an  officer  of  the  United  States ;  and  the  further 

3641  sum  of  twenty  thousand  dollars,  in  lien  of  all  claims  of  the 

3642  Cherokee  Nation,  as  a  nation,  prior  to  the  treaty  of  1835,  except 

3643  all  lands  reserved,  by  treaties  heretofore  made,  for  school  funds. 

3644  ARTICLE  0.  The  United  States  agree  to  make  a  fair  and 

3645  just  settlement  of  all  moneys  due  to  the  Oherokees,  and  subject 

3646  to  the  per  capita  division  under  the  treaty  of  29th  December, 

3647  1835,  which  said  settlement  shall  exhibit  all  money  properly  ex- 

3648  pended  under  said  treaty,  and  shall  embrace  all  sums  paid  for 

3649  improvements,  ferries,  spoliations,  removal,  and  subsistence, 

3650  and  commutation  therefor,  debts  and  claims  upon  the  Cherokee 

3651  Nation  of  Indians,  for  the  additional  quantity  of  land  ceded  to 

3652  said  nation ;  and  the  several  sums  provided  in  the  several  ar- 

3653  tides  of  the  treaty,  to  be  invested  as  the  general  funds  of  the 

3654  nation  ;  and  also  all  sums  which  may  be  hereafter  properly  al- 

3655  lowed  and  paid  under  the  provisions  of  the  treaty  of  1835.   The 

3656  aggregate  of  which  said  several  sums  shall  be  deducted  from 

3657  the  sum  of  six  millions  six  hundred  and  forty-seven  thousand 

3658  and  sixty-seven  dollars,  and  the  balance  thus  found  to  be  due 

3659  shall  be  paid  over,  per  capita,  in  equal  amounts,  to  all  those  iii- 

3660  clividuals,  heads  of  families,  or  their  legal  representatives,  en- 

3661  titled  to  receive  the  same  under  the  treaty  of  1835,  and  the  sup- 

3662  plement  of  1836,  being  all  those  Cherokees  residing  east  at  the 

3663  date  of  said  treaty  and  the  supplement  thereto. 

3664  ARTICLE  10.  It  is  expressly  agreed  that  nothing  in  the  fore- 

3665  going  treaty  contained  shall  be  so  construed  as  in  any  manner 

3666  to  take  away  or  abridge  any  rights  or  claims  which  the  Chero- 

3667  kees  now  residing  in  States  east  of  the  Mississippi  Eiver  had, 

3668  or  may  have,   under  the  treaty  of  1835  and  the  supplement 

3669  thereto. 

3670  ARTICLE  11.  Whereas  the  Cherokee  delegations  contend 

3671  that  the  amount  expended  for  the  one  year's  subsistence,  after 

3672  their  arrival  in  the  west,  of /the  Eastern  Cherokees,  is  not  prop- 

3673  erly  chargeable  to  the  treaty  fund ;  it  is  hereby  agreed  that  that 

3674  question  shall  be  submitted  to  the  Senate  of  the  United  States 

3675  for  its  decision,  which  shall  decide  whether  the  subsistence  shall 

3676  be  borne  by  the  United  States  or  the  Cherokee  funds,  and  if  by 

3677  the  Cherokees,  then  to  say  whether  the  subsistence  shall  be 

3678  charged  at  a  greater  rate  than  thirty- three  -ffa  dollars  per  head ; 

3679  and  also  the  question,  whether  the  Cherokee  Nation   shall  be 

3680  allowed  interest  on  whatever  sum  may  be  found  to  be  due  the 

3681  nation,  and  from  what  date  and  at  what  rate  per  annum. 

3682  ARTICLE  12.  («,-)  The  Western  Cherokees,  called  "  Old  Set- 

3683  tiers,"  in  assenting  to  the  general  provisions  of  this  treaty  in 

3684  behalf  of  their  people,  have  expressed  their  fixed  opinion  that, 


85 

3685  in  making  a  settlement  with  them  upon  the  basis  herein  estab- 

3686  lished,  the  expenses  incurred  for  the  removal  and  subsistence  of 

3687  Cherokees,  after  the  twenty-third  day  of  May,  1838,  should  not 

3688  be  charged  upon  the  five  millions  of  dollars  allowed  to  the  Cher- 

3689  okees  for  their  lands  under  the  treaty  of  1835,  or  on  the  fund 

3690  provided  by  the  third  article  of  the  supplement  thereto  ;  and 

3691  that  no  part  of  the  spoliations,  subsistence,  or  removal,  pro- 

3692  yided  for  by  the  several  articles  of  said  treaty  and  the  supple- 

3693  meut  thereto,  should  be  charged  against  them  in  their  settlement 
3691  for  their  interest  in  the  Cherokee  country  east  and  west  of  tbe 

3695  Mississippi  River.     And  the  delegation  of  "  Old    Settlers,"  or 

3696  "  Western  Cherokees,''  propose  that  the  question  shall  be  sub- 

3697  mittecl  with  this  treaty  to  the  decision  of  the  Senate  of  the 

3698  United  States,  of  what  portion,  if  any,  of  the  expenditures  made 

3699  for  removal,  subsistence,  and  spoliations  under  the  treaty  of 

3700  1835,  is  properly  and  legally  chargeable  to  the  five-million  fund. 

3701  And  they  will  abide  by  the  decison  of  the  Senate. 

3702  ARTICLE  13.  This  treaty,  after  the  same  shall  be  ratified  by 

3703  the  President  and  Senate  of  the  United  States,  shall  be  obliga- 

3704  tory  on  the  contracting  parties. 

3705  Proclaimed  August  17,  1846. 

3706  Treaty  between  the  United  States  of  America  and  the  Cherokee 

3707  Nation  of  Indians,  concluded  July  19, 1866  ;  ratification  advised, 

3708  icith  amendments,  July  27,  1866 ;  amendments  accepted  July  31, 

3709  1866. 

3710  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

3711  to  all  and  singular  to  whom  these  presents  shall  come  greet- 

3712  •         ing: 

3713  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

3714  Washington,  in  the  District  of  Columbia,  on  the  nineteenth  day 

3715  of  July,  in  the  year  of  Lord  one  thousand  eight  hundred  and 

3716  sixty-six,  by  and  between  Dennis  N.  Cooley  and  Elijah  Sells, 

3717  commissioners  on  the  part  of  the   United   States,  and  Smith 

3718  Christie.  White  Catcher,  James  McDaniel,  S.  H.  Beuge,  Daniel 

3719  H.  Boss,  and  J.  B.  Jones,  delegates  of  the  Cherokee  Nation, 

3720  appointed  by  resolution  of  the  national  council,  on  the  part  of 

3721  said  Cherokee  Nation,  which  treaty  is  in  the  words  and  figures 

3722  following,  to  wit : 

3723  Articles  of  agreement  and  convention  at  the  city  of  Washin  gton, 

3724  on  the  nineteenth  day  of  July,  in  the  year  of  our  Lord  one 

3725  thousand  eight  hundred  and  sixty-six,  between  the  United 

3726  States,  represented  by  Dennis  N.  Cooley,  Commissioner  of 

3727  Indian  Affairs,  [and]  Elijah  Sells,  superintendent  of  Indian 


8G 

3728  affairs  for  the  southern  superiutendeucy,  and  the  Cherokee 

3729  Nation  of  Indians,  represented  by  its  delegates,  James  Mc- 

3730  Daniel,  Smith  Christie,  White  Catcher,  S.  H.  Beuge,  J.  B. 

3731  Jones,  and  Daniel  IT.  Ross,  John  Ross,  principal  chief  of 

3732  the  Cherokees,  being  too  unwell  to  join  in  these  negotia- 

3733  tions. 

3734  PREAMBLE. 

3735  AVhereas  existing  treaties  between  the  United  States  and 

3736  the  Cherokee  Nation  are  deemed  to  be  insufficient,  the  said  con- 

3737  tractiug  parties  agree  as  follows,  viz  : 

3738  ARTICLE  1.  The  pretended  treaty  made  with  the  so-called 

3739  Confederate  States  of  the  Cherokee  Nation,  on  the  seventh  day 

3740  of  October,  eighteen  hundred  and  sixty-one,  and  repudiated  by 

3741  the  national  council  of  the  Cherokee  Nation  on  the  eighteenth 

3742  day  of  February,  eighteen  hundred  and  sixty-three,  is  hereby 

3743  declared  to  be  void. 

3744  ARTICLE  2.  Amnesty  is  herebty  declared  by  the  United  States 

3745  and  the  Cherokee  Nation  for  all  crimes  and  misdemeanors  com- 

3746  mitted  by  one  Cherokee  on  the  person  or  property  of  another 

3747  Cherokee,  or  of  a  citizen  of  the  United  States,  prior  to  the  fourth 

3748  day  of  July,  eighteen  hundred  and  sixty-six;  and  no  right  of 

3749  action  arising  out  of  wrongs  committed  in  aid  or  in  the  suppres- 

3750  sion  of  the  rebellion  shall  be  prosecuted  or  maintained  in  the 

3751  courts  of  the  United  States  or  in  the  courts  of  the  Cherokee 

3752  Nation. 

3753  But  the  Cherokee  Nation  stipulate  and  agree  to  deliver  up 

3754  to  the  United  States,  or  their  duly  authorized  agent,  any  or  all 

3755  public  property,  particular]}'  ordnance,  ordnance  stores,  arms  of 

3756  all  kinds,  and  quartermaster's  stores,  in  their  possession  or  con- 

3757  trol,  which  belonged  to  the  United  States  or  the  so-called  Con- 

3758  federate  States,  without  any  reservation. 

3759  ARTICLE  3.  The  confiscation  laws  of  the  Cherokee  Nation 

3760  shall  be  repealed,  and  the  same,  and  all  sales  of  farms  and  im- 

3761  provements  on  real  estate,  made  or  pretended  to  be  made  in 

3762  pursuance  thereof,  are  hereby  agreed  and  declared  to  be  null 

3763  and  void,  and  the  former  owners  of  such  property  so  sold,  their 

3764  heirs  or  assigns,  shall  have  the  right  peaceably  to  re-occupy 

3765  their  homes,  and  the  purchaser  under  the  confiscation  laws,  or 

3766  his  heirs  or  assigns,  shall  be  repaid  by  the  treasurer  of  the 

3767  Cherokee  Nation  from  the  national  funds  the  money  paid  for 

3768  said  property  and  the  cost  of  permanent  improvements  on  such 

3769  real  estate  made  thereon  since  the  confiscation  sale ;  the  cost  of 

3770  such  improvements  to  be  fixed  by  a  commission,  to  be  composed 

3771  of  one  person  designated  by  the  Secretary  of  the  Interior  and 

3772  one  by  ftie  principal  chief  of  the  nation,  which  two  may  ap- 


87 

3773  point  a  third  iu  cases  of  disagreement,  which  cost  so  fixed  shall 

3774  be  refunded  to  the  national  treasurer  by  the  returning  Chero- 

3775  kees  within  three  years  from  the  ratification  hereof. 

3776  ARTICLE  4.  All  the  Cherokees  and  freed  persons  who  were 

3777  formerly  slaves  to  any  Cherokee,  and  all  free  negroes  not  hav- 

3778  ing  been  such  slaves,  who  resided  in  the  Cherokee  Nation  prior 

3779  to  June  first,  eighteen  hundred  and  sixty-one,  who  may  within 

3780  two  years  elect  not  to  reside  northeast  of  the  Arkansas  Kiver 

3781  and  southeast  of  Grand  Kiver,  shall  have  the  right  to  settle  in 

3782  and  occupy  the  Canadian  district  southwest  of  the  Arkansas 

3783  Kiver,  and  also  all  that  tract  of  country  lying  northwest  of 

3784  Grand  Kiver,  and  bounded  on  the  southeast  lay  Grand  Kiver 

3785  and  west  by   the  Creek  reservation  to  the  northeast  corner 

3786  thereof;  from  thence  west  on  the  north  line  of  the  Creek  reser- 

3787  vation  to  the  ninety-sixth  degree  of  west  longitude ;  and  thence 

3788  north  on  said  line  of  longitude  so  far  that  a  line  due  east  to 

3789  Grand  Kiver  will  include  a  quantity  of  land  equal  to  one  him-. 

3790  dred  and  sixty  acres  for  each  person  who  may  so  elect  to  reside 

3791  in  the  territory  above-described  in  this  article:  Provided,  That 

3792  that  part  of  said  district  north  of  the  Arkansas  Kiver  shall  not 

3793  be  set  apart  until  it  shall  be  found  that  the  Canadian  district  is 

3794  not  sufficiently  large  to  allow  one  hundred  and  sixty  acres  to 

3795  each  person  desiring  to  obtain  settlement  under  the  provisions 

3796  of  this  article. 

3797  ARTICLE  5.  The  inhabitants  electing  to  reside  in  the  dis- 

3798  trict  described  in  the  preceding  article  shall  have  the  right  to 

3799  elect  all  their  local  officers  and  judges,  and  the  number  of  dele- 

3800  gates  to  which  by  their  numbers  they  may  be  entitled  in  any 

3801  general  council  to  be  established  in  the  Indian  Territory  under 

3802  the  provisions  of  this  treaty,  as  stated  in  Article  XII,  and  to 

3803  control  all  their  local  affairs,   and  to  establish   all  necessary 

3804  police  regulations  and  rules  for  the  administration  of  justice  in 

3805  said  district,  not  inconsistent  with  the  constitution  of  the  Cher- 

3806  okee  Nation  or  the  laws  of  the  United  States :    Provided,  The 

3807  Cherokees  residing  in  said  district  shall  enjoy  all  the  rights  and 

3808  privileges  of  other  Cherokees  who  may  elect  to  settle  in  said 

3809  district  as  hereinbefore  provided,  and  shall  hold  the  same  rights 

3810  and  privileges  and  be  subject  to  the  same  liabilities  as  those  who 

3811  elect  to  settle  in   said  district  under  the  provisions  of  this 

3812  treaty :  Provided  also.  That  if  any  such  police  regulations  or 

3813  rules  be  adopted  which,  in  the  opinion  of  the  President,  bear 

3814  oppressively  on  any  citizen  of  the  nation,  he  may  suspend  the 

3815  same.    And  all  rules  or  regulations  iu  said  district,  or  in  any 

3816  other  district  of  the  nation,  discriminating  against  the  citizens 

3817  of  other  districts,  are  prohibited,  and  shall  be  void. 

3818  ARTICLE  6.  The  inhabitants  of  the  said  district  hereiube- 


88 

3819  fore  described  shall  be  entitled  to  representation  according  to 

3820  numbers  in  the  national  council,  and  all  laws  of  the  Cherokee 

3821  Nation  shall  be  uniform  throughout  said  nation.     And  should 

3822  any  such  law,  either  in  its  provisions  or  in  the  manner  of  its 

3823  enforcement,  in  the  opinion  of  the  President  of  the  United 

3824  States,  operate  unjustly  or  injuriously  in  said  district,  he  is 

3825  hereby  authorized  and  empowered  to  correct  such  evil,  and  to 

3826  adopt  the  means  necessary  to  secure  the  impartial  adiniuistra- 

3827  tion  of  justice,  as  well  as  a  fair  and  equitable  application  and 

3828  expenditure  of  the  national  funds  as  between  the  people  of  this 

3829  and  of  every  other  district  in  said  nation. 

3830  ARTICLE  7.  The  United  States  court,  to  be  created  in  the 

3831  Indian  Territory ;   and  until  such  court  is  created  therein,  the 

3832  United  States  district  court,  the  nearest  to  the  Cherokee  Nation, 

3833  shall  have  exclusive  original  jurisdiction  of  all  causes,  civil  and 
3831  criminal,  wherein  an  inhabitant  of  the  district  hereinbefore  de- 
3835  scribed  shall  be  a  party,  and  where  an  inhabitant  outside  of 
383G  said  district,  in  the  Cherokee  Nation,  shall  be  the  other  party, 

3837  as  plaintiff  or  defendant  in  a  civil  cause,  or  shall  be  defendant 

3838  or  prosecutor  in  a  criminal  case,  and  all  process  issued  in  said 

3839  district  by  any  officer  of  the  Cherokee  Nation,  to  be  executed 

3840  on  an  inhabitant  residing  outside  of  said  district,  and  all  pro- 

3841  cess  issued  by  any  officer  of  the  Cherokee  Nation  outside  of 

3842  said  district,  to  be  executed  on  an  inhabitant  residing  in  said 

3843  district,  shall  be  to  all  intents  and  purposes  null  and  void,   un- 

3844  less  indorsed  by  the  district  judge  for  the  district  where  such 

3845  process  is  to  be  served,  and  said  person,  so  arrested,  shall  be 

3846  held  in  custody  by  the  officer  so  arresting  him,  until  he  shall  be 
3817  delivered  over  to  the  United  States  marshal,  or  consent  to  be 

3848  tried  by  the  Cherokee  court :  Provided,  That  any  or  all  the  pro- 

3849  visions  of  this  treaty,  which  make  any  distinction  in  rights  and 

3850  remedies  between  the  citizens  of  any  district  and  the  citizens  of 

3851  the  rest  of  the  nation,  shall  be  abrogated  wJienever  the  Presi- 

3852  dent  shall  have  ascertained,  by  an  election  duly  ordered  by  him, 

3853  that  a  majority  of  the  voters  of  such  district  desire  them  to  be 

3854  abrogated,  and  he  shall  have  declared  such  abrogation :    And 

3855  provided  further,  That  no  law  or  regulation  to  be  hereafter  eri- 

3856  acted  within  said  Cherokee  Nation  or  any  district  thereof,  pre- 
3857  scribing  a  penalty  for  its  violation,  shall  take  effect  or 'be  en- 

3858  forced  until  after  ninety  days  from  the  date  of  its  promulga- 

3859  tion,  either  by  publication  in  one  or  more  newspapers  of  gen- 

3860  eral  circulation  in  said  Cherokee  Nation,  or  by  posting  up  copies 

3861  thereof  in  the  Cherokee  and  English  languages  in  each  district 

3862  where  the  same  is  to  take  effect,  at  the  usual  place  of  holding 

3863  district  courts. 

3864  ARTICLE  8.  No  license  to  trade  in  goods,  wares,  or  mer- 


89 

3865  cliandise  merchandise  shall  be  granted  by  the  United  States  to 

3866  trade  in  the  Cherokee  Nation,  unless  approved  by  the  Cherokee 

3867  national  council,  except  in  the  Canadian  district,  and  such  other 

3868  district  north  of  Arkansas  River  and  west  of  Grand  Elver  oc- 

3869  copied  by  the  so  called  southern  Cherokees,  as  provided  in  Ar- 

3870  ticle  4  of  this  treaty. 

3871  ARTICLE  9.    The  Cherokee  Nation  having,  voluntarily,  in 

3872  February,  eighteen  hundred  and  sixty-three,  by  an  act  of  their 

3873  national  council,  forever  abolished  slavery,  hereb3T  covenant  and 

3874  agree  that  never  hereafter  shall  either  slavery  or  involuntary 

3875  servitude  exist  in  their  nation  otherwise  than  in  the  punishment 

3876  of  crime,  whereof  the  party  shall  have  been  duly  convicted,  in 

3877  accordance  with  laws  applicable  to  all  the  members  of  said  tribe 

3878  alike.     They  further  agree  that  all  freed  men  who  have  been 

3879  liberated  by  voluntary  act  of  their  former  owners  or  t>y  law, 

3880  as  well  as  all  free  colored  persons  who  Avere  in  the  country  at  the 

3881  commencement  of  the  rebellion,  and  are  now  residents  therein, 

3882  or  who  may  return  within  six  months,  and  their  descendants, 

3883  shall  have  all  the  rights  of  native  Cherokees:  Provided,  That 

3884  owners  of  slaves  so  emancipated  in  the  Cherokee  Nation  shall 

3885  never  receive  any  compensation  or  pay  for  the  slaves  so  einanci- 

3886  pated. 

3887  ARTICLE  10.  Every  Cherokee  and  freed  person  resident  in 

3888  the  Cherokee  Nation  shall  have  the  right  to  sell  any  products  of 

3889  his  farm,  including  his  or  her  live  stock,  or  any  merchandise  or 

3890  manufactured  products,  and  to  ship  and  drive  the  same  to  market 

3891  without  restraint,  paying  any  tax  thereon  which  is  now  or  may 

3892  be  levied  by  the  United  States  on  the  quantity  sold  outside  of 

3893  the  Indian  Territory. 

3894  ARTICLE  11.  The  Cherokee  Nation  hereby  grant  a  right  of 

3895  way  not  exceeding  two  hundred  feet  wide,  except  at  stations, 

3896  switches,  water-stations,  or  crossing  of  rivers,  where  more  may 

3897  be  indispensable  to  the"  full  enjoyment  of  the  franchise  herein 

3898  granted,  and  then  only  two  hundred  additional  feet  shall  be 

3899  taken,  and  only  for  such  length  as  may  be  absolutely  necessary ? 

3900  through  all  their  lands,  to  any  company  or  corporation  which 

3901  shall  be  duly  authorized  by  Congress  to  construct  a  railroad 

3902  from  any  point  north  to  any  part  south,  and  from  any  point  east 

3903  to  any  point  west  of,  and  which  may  pass  through,  the  Cherokee 

3904  Nation.     Said  company  or  corporation,  and  their  employes  and 

3905  laborers,  while  constructing  and  repairing  the  same,  and  in 

3906  operating  said  road  or  roads,  including  all  necessary  agents  on 

3907  the  line,  at  stations,  switches,  water-tanks,  and  all  others  neces- 

3908  sary  to  the  successful  operation  of  a  railroad,  shall  be  protected 

3909  in  the  discharge  of  their  duties,  and  at  all  times  subject  to  the 

12  IT 


90 

3910  Indian  intercourse  laws,  now  or  which  may  hereafter  be  enacted 

3911  and  be  in  force  in  the  Cherokee  Nation. 

3912  ARTICLE  12.  The  Cherokees  agree  that  a  general  council, 

3913  consisting  of  delegates  elected  by  each  nation  or  tribe  lawfully 

3914  residing  within  the  Indian  Territory,  may  be  annually  convened 

3915  in  said  Territory,  which  council  shall  be  organized  in  such  man- 

3916  ner  and  possess  such  powers  as  hereinafter  prescribed. 

3917  First.  After  the  ratification  of  this  treaty,  and  as  soon  as 

3918  may  be  deemed  practicable  by  the  Secretary  of  the  Interior,  and 

3919  prior  to  the  first  session  of  said  council,  a  census  or  enumeration 

3920  of  each  tribe  lawfully  resident  in  said  Territory  shall  be  taken 

3921  under  the  direction  of  the  Commissioner  of  Indian  Affairs,  who 

3922  for  that  purpose  is  hereby  authorized  to  designate  and  appoint 

3923  competent  persons,  whose  compensation  shall  be  fixed  by  the 

3924  Secretary  of  the  Interior,  and  paid  by  the  United  States. 

3925  Second.  The  first  general  council  shall  consist  of  one  meiir 

3926  ber  from  each  tribe,  and  an  additional  member  for  each  one 

3927  thousand  Indians,  or  each  fraction  of  a  thousand  greater  than 

3928  five  hundred,  being  members  of  any  tribe  lawfully  resident  in 

3929  said  Territory,  and  shall  be  selected  by  said  tribes  respectively? 

3930  who  may  assent  to  the  establishment  of  said  general  council ; 

3931  and  if  none  should  be  thus  formally  selected  by  any  nation  or 

3932  tribe  so  assenting,  the  said  nation  or  tribe  shall  be  represented 

3933  in  said  general  council  by  the  chief  or  chiefs  and  headmen  of 

3934  said  tribes,  to  be  taken  in  the  order  of  their  rank  as  recognized 

3935  in  tribal  usage,  in  the  same  number  and  proportion  as  above 

3936  indicated.     After  the  said  census  shall  have  been  taken  and 

3937  completed,  the  superintendent  of  Indian  affairs  shall  publish  and 

3938  declare  to  each  tribe  assenting  to  the  establishment  of  such 

3939  council  the  number  of  members  of  such  council  to  which  they 

3940  shall  be  entitled  under  the  provisions  of  this  article,  and  the 

3941  persons  entitled  to  represent  said  tribes  shall  meet  at  such  time 

3942  and  place  as  he  shall  approve ;  but  thereafter  the  time  and  place 

3943  of  the  sessions  of  said  council  shall  be  determined  by  its  action : 

3944  Provided,  That  no  session  in  any  one  year  shall  exceed  the  term 

3945  of  thirty  days :  And  provided,   That  special  sessions  of  said 

3946  council  may  be  called  by  the  Secretary  of  the  Interior  whenever 

3947  in  his  judgment  the  interest  of  said  tribes  shall  require  such 

3948  special  session. 

3949  Third.  Said  general  council  shall  have  power  to  legislate 

3950  upon  matters  pertaining  to  the  intercourse  and  relations  of  the 

3951  Indian  tribes  and  nations  and  colonies  of  freedmen  resident  in 

3952  said  Territory ;  the  arrest  and  extradition  of  criminals  and  offend- 

3953  ers  escaping  from  one  tribe  to  another,  or  into  any  cornmu'inty 

3954  of  freedmen  j  the  administration  of  justice  between  members  of 

3955  different  tribes  of  said  Territory  and  persons  other  than  Indians 


91 

£956  and  members  of  said  tribes  or  nations  ;  and  the  common  defence 

3957  and  safety  of  the  nations  of  said  Territory. 

3958  All  laws  enacted  by  such  council  shall  take  effect  at  such 

3959  time  as  may  therein  be  provided,  unless  suspended  by  direction 

3960  of  the  President  of  the  United  States.    No  law  shall  be  enacted 
3901  inconsistent  with  the  Constitution  of  the  United  States,  or  laws 
39613  of  Congress,  or  existing  treaty   stipulations  with  the  United 

3963  States.    Nor  shall  said  council  legislate  upon  matters  other  than 

3964  those  above  indicated :  Provided,  however,  That  the  legislative 

3965  power  of  such  general  council  may  be  enlarged  by  the  consent 

3966  of  the  national  council  of  each  nation  or  tribe  assenting  to  its 

3967  establishment,  with  the  approval  of  the  President  of  the  United 

3968  States. 

3969  Fourth.  Said  council  shall  be  presided  over  by  such  person 

3970  as  may  be  designated  by  the  Secretary  of  the  Interior. 

3971  Fifth.  The  council  shall  elect  a  secretary,  whose  duty  it 

3972  shall  be  to  keep  an  accurate  record  of  all  the  proceedings  of  said 

3973  council,  and  who  shall  transmit  a  true  copy  of  all  such  proceed- 

3974  ings,  duly  certified  by  the  presiding  officer  of  such  council,  to 

3975  the  Secretary  of  the  Interior,  and  to  each  tribe  or  nation  repre. 

3976  sented  in  said  council,  immediately  after  the  sessions  of  said 

3977  council  shall  terminate.     He  shall  be  paid  out  of  the  Treasury  of 

3978  the  United  States  an  annual  salary  of  five  hundred  dollars. 

3979  Sixth.  The  members  of  said  council  shall  be  paid  by  the 

3980  United  States  the  sum  of  four  dollars  per  diem  during  the  term 

3981  actually  in  attendance  on  the  sessions  of  said  council,  and  at  the 

3982  rate  of  four  dollars  for  every  twenty  miles  necessarily  travelled 

3983  by  them  in  going  from  and  returning  to  their  homes,  respectively, 

3984  from  said  council,  to  be  certified  by  the  secretary  and  president 

3985  of  the  said  council. 

3986  ARTICLE  13.  The  Cherokees  also  agree  that  a  court  or  courts 

3987  may  be  established  by  the  United  States  in  said  Territory,  with 

3988  such  jurisdiction  and  organized  in  such  manner  as  may  be  pre- 
3989  scribed  by  law:  Provided,  That  the  judicial  tribunals  of  the 

3990  nation  shall  be  allowed  to  retain  exclusive  jurisdiction  in  all 

3991  civil  and  criminal  cases  arising  within  their  country  in  which 

3992  members  of  the  nation,  by  nativity  or  adoption,  shall  be  the 

3993  only  parties,  or  where  the  cause  of  action  shall  arise  in  the 
£>994  Cherokee  Nation,  except  as  otherwise  provided  in  this  treaty. 

3995  ARTICLE  14.  The  right  to  the  use  and  occupancy  of  a  quaii- 

3996  tity  of  laud  not  exceeding  one  hundred  and  sixty  acres,  to  be  se- 

3997  lected  according  to  legal  subdivisions  iu  one  body,  and  to  include 

3998  their  improvements,  and  not  including  the  improvements  of  any 

3999  member  of  the  Cherokee  Nation,  is  hereby  granted  to  every  so- 

4000  ciety  or  denomination  which  has  erected,  or  which  with  the  con- 

4001  sent  of  the  national  council  may  hereafter  erect,  buildings  within 


92 

4002  the  Cherokee  country  for  missionary  or  educational  purposes. 

4003  But  no  land  thus  granted,  nor  buildings  which  have  been  or  may 

4004  be  erected  thereon,  shall  ever  be  sold  or  [otherwise  disposed  of 

4005  except  with  the  consent  and  approval  of  the  Cherokee  national 

4006  council   and  the   Secretary  of   the   In  terior.     And    whenever 

4007  any  such  lands  or  buildings  shall  be  sold  or  disposed  of,  the  pro- 

4008  ceeds  thereof  shall  be  applied  by  said  society  or  societies  for 

4009  like  purposes  within  said  nation,  subject  to  the  approval  of  the 

4010  Secretary  of  the  Interior. 

4011  ARTICLE  15.  The  United  States  may  settle  any  civilized 

4012  Indians,  friendly  with  the  Cherokees  and  adjacent  tribes,  within 

4013  the  Cherokee  country,  on  unoccupied  lands  east  of  96°,  on  such 

4014  terms  as  may  be  agreed  upon  by  any  such  tribe  and  the  Chero- 

4015  kees,  subject  to  the  approval  of  the  President  of  the  United 

4016  States,  which  shall  be  consistent  with  the  following  provisions, 

4017  viz :  Should  any  such  tribe  or  baud  of  Indians  settling  in  said 

4018  country  abandon  their  tribal  organization,  there  being  first  paid 

4019  into  the  Cherokee  national  fund  a  sum  of  money  which  shall 

4020  sustain  the  same  proportion  to  the  then  existing  national  fund 

4021  that  the  number  of  Indians  sustain  to  the  whole  number  of 

4022  Cherokees  then  residing  in  the  Cherokee  country,  they  shall  be 

4023  incorporated  into  and  ever  after  remain  a  part  of  the  Cherokee 

4024  Nation,  on  equal  terms  in  every  respect  with  native  citizens< 

4025  And  should  any  such  tribe,  thus  settling  in  said  country,  decide 

4026  to  preserve  their  tribal  organizations,  and  to  maintain   their 

4027  tribal  laws,  customs,  and  usages,  not  inconsistent  with  the  con- 

4028  stitution  and  laws  of  the  Cherokee  Nation,  they  shall  have  a  dis- 

4029  trict  of  country  set  off  for  their  use  by  metes  and  bounds  equal 

4030  to  one  hundred  and  sixty  acres,  if  they  should  so  decide,  for 

4031  each  man,  woman  and  child  of  said  tribe,  and  shall  pay  for  the 

4032  same  into  the  national  fund  such  price  as  may  be  agreed  on  by 

4033  them  and  the  Cherokee  Nation,  subject  to  the  approval  of  the 

4034  President  of  the  United  States,  and  in  cases  of  disagreement 

4035  the  price  to  be  fixed  by  the  President. 

4036  And  the  said  tribe  thus   settled   shall  also  pay  into   the 

4037  national  fund  a  sum  of  money,  to  be  agreed  on  by  the  respective 

4038  parties,  not  greater  in  proportion  to  the  whole  existing  national 

4039  fund  and  the  probable  proceeds  of  the  lands  herein  ceded  or  au- 

4040  thorized  to  be  ceded  or  sold  than  their  numbers  bear  to  the 

4041  whole  number  of  Cherokees  then  residing  in  said  country,  and 

4042  thence  afterwards  they  shall  enjoy  all  the  rights  of  native  Cher- 
4043-  okees.    But  no  Indians  who  have  no  tribal  organizations,  or 

4044  who  shall  determine  to  abandon  their  tribal  organizations,  shall 

4045  be  permitted  to  settle  east  of  the  96°  of  longitude  without  the 

4046  consent  of  the  Cherokee  national  council,  or  of  a  delegation 

4047  duly  appointed  by  it,  being  first  obtained.    And  no  Indians 


93 

4048  who  have  and  determine  to  preserve  their  tribal  organizations 

4049  shall  be  permitted  to  settle,  as  herein  provided,  east  of  the  9G°  of 

4050  longitude  without  such  consent  being  first  obtained,  unless  the 

4051  President  of  the  United  States,  after  a  full  hearing  of  the  ob- 

4052  jections  offered  by  said  council  or  delegation  to  such  settlement, 

4053  shall  determine  that  the  objections  are  insufficient,  in  which 

4054  case  he  may  authorize  the  settlement  of  such  tribe  east  of  the 

4055  96°  of  longitude. 

4056  ARTICLE  16.  The  United  States  may  settle  friendly  Indians 

4057  in  any  part  of  the  Cherokee  country  west  of  96°,  to  be  taken  in 

4058  a  compact  form  in   quantity  not  exceeding  one  hundred  and 

4059  sixty  acres  for  each  member  of  each  of  said  tribes  thus  to  be 

4060  settled  ;  the  boundaries  of  each  of  said  districts  to  be  distinctly 

4061  marked,  and  the  land  conveyed  in  fee-simple  to  each  of  said 

4062  tribes  to  be  held  in  common  or  by  their  members  in  severalty  as 

4063  the  United  States  may  decide. 

4064  Said  lands  thus  disposed  of  to  be  paid  for  to  the  Cherokee 

4065  Nation  at  such  price  as  may  be  agreed  on  between  the  saidpar- 

4066  ties  in  interest,  subject  to  the  approval  of  the  President;  and 

4067  if  they  should  not  agree,  then  the  price  to  be  fixed  by  the  Pres- 

4068  ident. 

4069  The  Cherokee  Nation  to  retain  the  right  of  possession  of 

4070  and  jurisdiction  over  all  of  said   country  west  of  96°  of  longi- 

4071  tiule  until  thus  sold  and  occupied,  after  which  their  jurisdiction 

4072  and  right  of  possession  to  terminate  forever  as  to  each  of  said 

4073  districts  thus  sold  and  occupied. 

4074  ARTICLE  17.  The  Cherokee  Nation  hereby  cedes,  in  trust  to 

4075  theUnited  States,  the  tract  of  land  in  the  State  of  Kansas  which 

4076  was  sold  to  the  Cherokees  by  the  United  States,  under  the  pro- 

4077  visions  of  the   second   article  of  the  treaty  of  1835 ;  and  also 

4078  that  strip  of  the  land  ceded  to  the  nation  by  the  fourth  article 

4079  of  said  treaty  which  is  included  in  the  State  of  Kansas,  and 

4080  the  Cherokees  consent  that  said  lands  may  be  included  in  the 

4081  limits  and  jurisdiction  of  the  said  State. 

4082  The  lands  herein  ceded  shall  be  surveyed  as  the  public  lauds 

4083  of  the  United  States  are  surveyed,  under  the  direction  of  the 

4084  Commissioner  of  the  General  Land-Office,  and  shall  be  appraised 

4085  by  two  disinterested  persons,  one  to  be  designated  by  the  Cher- 

4086  okee  national  council  and  one  by  the  Secretary  of  the  Interior, 

4087  and,  in-  case  of  disagreement,  by  a  third  person,  to  be  mutually 

4088  selected  by  the  aforesaid  appraisers.    The  appraisement  to  be 

4089  not  less  than  an  average  of  one  dollar  and  a  quarter  per  acre, 

4090  exclusive  of  improvements. 

4091  And  the  Secretary  of  the  Interior  shall,  from  time  to  time, 

4092  as  such  surveys  and  appraisements  are  approved  by  him,  after 

4093  due  advertisements  for  sealed  bids,  sell  such  lands  to  the  high- 


94 

4094  est  bidders  for  cash,  in  parcels  not  exceeding  one  hundred  and 

4095  sixty  acres,  and  at  not  less  than  the  appraised  value :  Provided, 

4096  That  whenever  there  are  improvements  of  the  value  of  fifty  dollars 

4097  made  on  the  lands  not  being  mineral,  and  owned  and  personally 

4098  occupied  by  any  person  for  agricultural  purposes  at  the  date  of 

4099  the  signing  hereof,  such  person  so  owning,  and  in  person  resid- 

4100  ing  on  such  improvements,  shall,  after  due  proof,  made  under 

4101  such  regulations  as  the  Secretary  of  the  Interior  may  prescribe, 

4102  be  entitled  to  buy,  at  the  appraised  value,  the  smallest  quantity  of 

4103  land  in  legal  subdivisions,  which  will  include  his  improvements, 

4104  not  exceeding  in  the  aggregate  one  hundred  and  sixty  acres ;  the 

4105  expenses  of  survey  and  appraisement  to  be  paid  by  the  Secre- 
410G  tary  out  of  the  proceeds  of  sale  of  said  land :  Provided,  That 

4107  nothing  in  this  article  shall  prevent  the  Secretary  of  the  Interior 

4108  from  selling  the  whole  of  said  lands  not  occcnpied  by  actual  set- 

4109  tiers  at  the  date  of  the  ratification  of  this  treaty,  not  exceeding 

4110  one  hundred  and  sixty  acres  to  each  person  entitled  to  pre-emp- 

4111  tion  under  the  pre-emption  laws  of  the  United  States,  in  a  body. 

4112  to  any  responsible  party,  for  cash,  for  a  sum  not  less  than  one 

4113  dollar  per  acre. 

4114  ARTICLE  18.  That  any  lands  owned  by  the  Cherokees  in  the 

4115  State  of  Arkansas,  and  in  States  east  of  the  Mississippi,  may 

4116  be  sold  by  the  Cherokee  Nation  in  such  manner  as  their  national 

4117  council  may  prescribe,  all  such  sales  being  first  approved  by  the 

4118  Secretary  of  the  Interior. 

4119  ARTICLE  19.  All  Cherokees  being  heads  of  families  residing 

4120  at  the  date  of  the  ratification  of  this  treaty  on  any  of  the  lauds 

4121  herein  ceded,  or  authorized  to  be  sold,  and  desiring  to  remove  to 

4122  the  reserved  country,  shall  be  paid  by  the  purchasers  of  said 

4123  lauds  the  value  of  such  improvements,  to  be  ascertained  and 

4124  appraised  by  the  commissioners  who  appraise  the  lauds,  subject 

4125  to  the  approval  of  the  Secretary  of  the  Interior ;  and  if  he  shall 

4126  elect  to  remain  on  the  land  now  occupied  by  him,  shall  be  enti- 

4127  tied  to  receive  a  patent  from  the  United  States  in  fee-simple  for 

4128  three  hundred  and  twenty  acres  of  land,  to  include  his  improve- 

4129  ments,  and  thereupon  he  and  his  family  shall  cease  to  be  meni- 

4130  bers  of  the  nation. 

4131  And  the  Secretary  of  the  Interior  shall  also  be  authorized 

4132  to  pay  the  reasonable  costs  and  expenses  of  the  delegates  of  the 

4133  southern  Cherokees. 

4134  The  moneys  to  be  paid  under  this  article  shall  be  paid  out 

4135  of  the  proceeds  of  the  sales  of  the  national  lands  in  Kansas. 

4136  ARTICLE  20.  Whenever  the  Cherokee  national  council  shall 

4137  request  it,  the  Secretary  of  the  Interior  shall  cause  the  country 

4138  reserved  for  the  Cherokees  to  be  surveyed  and  allotted  among 

4139  them,  at  the  expense  of  the  United  States. 


95 

4140  ARTICLE  21.  It  being  difficult  to  learn  tlie  precise  boundary 

4141  line  between  the  Cherokee  country  and  the  States  of  Arkansas, 

4142  Missouri,  and  Kansas,  it  is  agreed  that  the  United  States  shall, 

4143  at  its  own  expense,  cause  the  same  to  be  run  as  far  west  as  the 

4144  Arkansas,  and  marked  by  permanent  and  conspicuous  inonu- 

4145  ments,  by  two  commissioners,  one  of  whom  shall  be  designated 

4146  by  the  Cherokee  national  council. 

4147  ARTICLE  22.  The  Cherokee  national  council,  or  any  duly 

4148  appointed  delegation  thereof,  shall  have  the  privilege  to  appoint 

4149  an  agent  to  examine  the  accounts  of   the  nation  with  the 

4150  Government  of  the  United  States,  at  such  time  as  they  may 

4151  see  proper,  and  to  continue  or  discharge  such  agent,  and  to  ap- 

4152  point  another,  as  may  be  thought  best  by  such  council  or  dele- 

4153  gation;  and  such  agent  shall  have  free  access  to  all  accounts 

4154  and  books  in  the  executive  departments  relating  to  the  business 

4155  of  said  Cherokee  Nation,  and  an  opportunity  to  examine  the 

4156  same  in  the  presence  of  the  ofiicer  having  such*  books  and  pa- 

4157  pers  in  charge. 

4158  ARTICLE  23.  All  funds  now  due  the  nation,  or  that  may 

4159  hereafter  accrue  from  the  sale  of  their  lands  by  the  United 

4160  States,  as  hereinbefore  provided  for,  shall  be  invested  in  the 

4161  United  States  registered  stocks  at  their  current  value,  and  the 

4162  interest  on  all  said  funds  shall  be  paid  semi-aunually,  on  the 

4163  order  of  the  Cherokee  Nation,  and  shall  be  applied  to  the  fol- 

4164  lowing  purposes,  to  wit:  Thirty -five  per  cent,  shall  be  applied 

4165  for  the  support  of  the  common-schools  of  the  nation  and  educa- 

4166  tional  purposes ;  fifteen  per  cent,  for  the  orphan  fund,  and  fifty 

4167  per  cent,  for  general  purposes,  including  reasonable  salaries  of 

4168  district  officers;  and  the  Secretary  of  the  Interior,  with  the  ap- 

4169  proval  of  the  President  of  the  United  States,  may  pay  out  of 

4170  the  funds  due  the  nation,  on  the  order  of  the  national  council 

4171  or  a  delegation  duly  authorized  by  it,  such  amount  as  he  may 

4172  deem  necessary  to  meet  outstanding  obligations  of  the  Cherokee 

4173  Nation,  caused  by  the  suspension  of  the  payment  of  their  anuu- 

4174  ities,  not  to  exceed  the  sum  of  one  hundred  and  fifty  thousand 

4175  dollars. 

4176  ARTICLE  24.  As  a  slight  testimony  for  the  useful  and  ardu- 

4177  ous  services  of  the  Rev.  Evan  Jones,  for  forty  years  a  mission  - 

4178  ary  in  the  Cherokee  Nation,  now  a  cripple,  old  and  poor,  it  is 

4179  agreed  that  the  sum  of  three  thousand  dollars  be  paid  to  him, 

4180  under  the  direction  of  the  Secretary  of  the  Interior,  out  of  any 

4181  Cherokee  fund  in  or  to  come  into  his  hands  not  otherwise  appro- 

4182  priated. 

4183  ARTICLE  25.  A  large  number  of  the  Cherokees  who  served 

4184  in  the  Army  of  the  United  States  having  died,  leaving  no  heirs 

4185  entitled  to  receive  bounties  and  arrears  of  pay  on  account  of 


96 

418G  such  service,  it  is  agreed  that  all  bounties  and  arrears  for  ser- 

4187  vice  in  the  regiments  of  Indian  United  States  volunteers  which 

4188  shall  remain  unclaimed  by  any  person  legally  entitled  to  receive 

4189  the  same  for  two  years  from  the  ratification  of  this  treaty,  shall 

4190  be  paid  as  the  national  council  may  direct,  to  be  applied  to  the 

4191  foundation  and  support  of  an  asylum  for  the  education  of  orphan 

4192  children,  which  asylum  shall  be  under  the  control  of  the  national 

4193  council,  or  of  such  benevolent  society  as  said  council  may  desig- 

4194  nate,  subject  to  the  approval  of  the  Secretary  of  the  Interior. 

4195  ARTICLE  26.  The  United  States  guarantee  to  the  people  of 
419G  the  Cherokee  Nation  the  quiet  and  peaceable  possession  of  their 

4197  country  and  protection  against  domestic  feuds  and  insurrec- 

4198  tions,  and  against  hostilities  of  other  tribes.    They  shall  also 

4199  be  protected  against  interruptions  or  intrusion  from  all  un- 

4200  authorized  citizens  of   the   United   States  who  may   attempt 

4201  to  settle  on  their  lauds  or  reside  in  their  territory.    In  case  of 

4202  hostilities  among  the  Indian  tribes,  the  United  States  agree  that 

4203  the  party  or  parties  commencing  the  same  shall,  so  far  as  prac- 

4204  ticable,  make  reparation  for  the  damages  done. 

4205  ARTICLE  27.  The  United  States  shall  have  the  right  to  es- 
420G  tabiish  one  or  more  military  posts  or  stations  in  the  Cherokee 

4207  Nation,  as  may  be  deemed  necessary  for  the  proper  protection 

4208  of  the  citizens  of  the  United  States  lawfully  residing  therein  and 

4209  the  Cherokees  and  other  citizens  of  the  Indian  country.     But 

4210  no  sutler  or  other  person  connected  therewith,  either  in  or  out 

4211  of  the  military  organization,  shall  be  permitted  to  introduce  any 

4212  spirit[u|ous,  vinous,  or  mall;  liquors  into  the  Cherokee  Nation, 

4213  except  the  medical  department  proper,  and  by  them  only  for 

4214  strictly  medical  purposes.    And  all  persons  not  in  the  military 

4215  service  of  the  United  States,  not  citizens  of  the  Cherokee  Nation, 
421 G  are  to  be  prohibited  from  coming  into  the  Cherokee  Nation,  or 

4217  remaining  in  the  same,  except  as  herein  otherwise  provided ; 

4218  and  it  is  the 'duty  of  the  United  States  Indian  agent  for  the 

4219  Cherokees  to  have  su6h  persons,  not  lawfully  residing  or  sojouru- 

4220  ing  therein,  removed  from  the  nation,  as  they  now  are,  or  here- 

4221  after  may  be,  required  by  the  Indian  intercourse  laws  of  the 

4222  United  States. 

4223  ARTICLE  28.  The  United  States  hereby  agree  to  pay  for 

4224  provisions  and  clothing  furnished  the  army  under  Appothole- 

4225  hala  in  the  winter  of  1861  and  1862,  not  to  exceed  the  sum  of 

4226  ten  thousand  dollars,  the  accounts  to  be  ascertained  and  settled 

4227  by  the  Secretary  of  the  Interior. 

4228  ARTICLE  29.  The  sum  of  ten  thousand  dollars,  or  so  much 

4229  thereof  as  may  be  necessary  to  pay  the  expenses  of  the  dele- 

4230  gates  and  representatives  of  the  Cherokees  invited  by  the  Gov- 

4231  ernment  to  visit  Washington  for  the  purposes  of  making  this 


4232  treaty,  shall  be  paid  by  the  United  States  on  the  ratification  of 

1238  this  treaty. 

4234  ARTICLE  30.  The  United. States  agree  to  pay  to  the  proper 

4235  claimants  all  losses  of  property  by  missionaries  or  missionary 

4236  societies,  resulting  from  their  being  ordered  or  driven  from  the 

4237  country  by  United  States  agents,  and  from  their  property  being 

4238  taken  and  occupied  or  destroyed  by  by  United  States  troops,  riot 
4230  exceeding  in  the  aggregate  twenty  thousand  dollars,  to  be  ascer- 

4240  tained  by  the  Secretary  of  the  Interior. 

4241  ARTICLE  31.  All  provisions  of  treaties  heretofore  ratified 

4242  and  in  force,  and  not  inconsistent  with  the  provisions  of  this 

4243  treaty,  are  hereby  re-affirmed  and  declared  to  be  in  full  force ; 

4244  and  nothing  herein  shall  be  construed  as  an  acknowledgment 

4245  by  the  United  States,  or  as  a  relinquishmeut  by  the  Cherokee 
424G  Nation  of  any  claims  or  demands  under  the  guarantees  of  former 

4247  treaties,  except  as  herein  expressly  provided. 

4248  Proclaimed  July  10,  I860. 

4241)  Supplemental  article  to  the   treaty  of  July  ID,  I860,   between  the 

4250  United  States  of  America  and  the  Cherokee  Nation  of  Indians, 

4251  concluded  April  27, 1868 ;  ratifications  advised  June  6, 1868; 

4252  proclaimed  June  10,  1868. 

4253  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

4254  to  all  and  singular  to  whom  these  presents  shall  come, 

4255  greeting: 

4256  AVhereas  to  a  treaty  concluded  at  the  city  of  Washington, 

4257  in  the  District  of  Columbia,  on  the  nineteenth  day  of  July,  in 

4258  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty-six, 
4250  between  the  United  States  of  America  and  the  Cherokee  Nation 

4260  of  Indians,  through  their  respective  representatives,  a  supple- 

4261  mental  article  was  made  and  concluded  at  the  city  of  Washiug- 

4262  ton,  in  the  District  of  Columbia,  on  the  twenty-seventh  day  of 

4263  April,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 

4264  sixty-eight,  by  and  between  Nathaniel  G.  Taylor,  commissioner, 

4265  on  the  part  of  the  United  States,  and  Lewis  Downing,  H.  D. 

4266  Keese,  Samuel  Smith,  Win.  P.  Adair,  J.  P.  Davis,  Elias  C.  Bou- 

4267  dinot,  J.  A.  Scales,  and  Arch.  Scraper,  delegates  of  the  said 

4268  Cherokee  Nation  of  Indians,  on  the  part  of  said  Indians,  and 
4260  duly  authorized  thereto  by  them,  which  supplemental  article  of 

4270  treaty  is  in  the  words  and  figures  following,  to  wit: 

4271  Supplemental  article  to  a  treaty  concluded  at  Washington  City, 

4272  July  10th,  A.  D.  1866 ;  ratified  with  amendments  July  27th, 

4273  A.  D.  1866 ;  amendments    accepted  July  31st,  A.  D.  1866  j 

4274  and  the  whole  proclaimed  August  llth,  A.  D.  1866,  between 

13  i  T 


98 

4275  the  United  States  of  America  and  the  Cherokee  Nation  of 

4276  Indians. 

4277  Whereas  under  the  provisions  of  the  seventeenth  article  of 

4278  a  treaty  and  amendments  thereto  made  between  the  United 

4279  States  and  the  Cherokee  Nation  of  Indians,  and  proclaimed 

4280  August  llth,  A.  D.  1866,  a  contract  was  made  and  entered  into 

4281  by  James  Harlau,  Secretary  of  the  Interior,  on  behalf  of  the 

4282  United  States,  of  the  one  part,  and  by  the  American  Emigrant 

4283  Company,  a  corporation  chartered  and  existing  under  the  laws 

4284  of  the  State  of  Connecticut,  of  the  other  part,  dated  August 

4285  30th,  A.  D.  1866,  for  the  sale  of  the  so-called  "Cherokee  neu- 

4286  tral  lauds,'*  in  the  State  of  Kansas,  containing  eight  hundred 

4287  thousand  acres,  more  or  less,  with  the  limitations  and  restrie- 

4288  tions  set  forth  in  the  said  seventeenth  article  of  said  treaty  as 

4289  amended,  on  the  terms  and  conditions  therein  mentioned,  which 

4290  contract  is  now  on  file  in  the  Department  of  the  Interior ;  and 

4291  Whereas  Orville  H.  Browning,  Secretary  of  the  Interior, 

4292  regarding    said    sale  as    illegal  and   not  in    conformity  with 

4293  said  treaty  and  amendments  thereto,  did,  on  the  ninth  day  of 

4294  October,  A.  D.  1867,  for  and  in  behalf  of  the  United  States, 

4295  enter  into  a  contract  with  James  F.  Joy,  of  the  city  of  Detroit, 

4296  Michigan,  for  the  sale  of  the  aforesaid  lauds  on  the  terms  and 

4297  conditions  in  said  contract  set  forth,  and  which  is  on  file  in  the 

4298  Department  of  the  Interior ;  and 

4299  Whereas,  for  the  purpose  of  enabling  the  Secretary  of  the 

4300  Interior,   as  trustee  for  the  Cherokee  Nation  of  Indians,   to 

4301  collect  the  proceeds  of  sales  of  said  lands  and  invest  the  same 

4302  for  the  benefit  of  said  Indians,  and  for  the  purpose  of  prevent- 

4303  ing  litigation  and  of  harmonizing  the  conflicting  interests  of  the 

4304  said  American  Emigrant  Company  and  of  the  said  James  F. 

4305  Joy,  it  is  the  desire  of  all  the  parties  in  interest  that  the  said 

4306  American  Emigrant  Company  shall  assign  their  said  contract  and 

4307  all  their  right,  title,  claim,  and  interest  in  and  to  the  said  "  Cher- 

4308  okee  neutral  lands'*  to  the  said  James  F.  Joy,  and  that  the  said 

4309  Joy  shall  assume  and  conform  to  all  the  obligations  of  said  com- 

4310  pany  under  their  said  contract,  as  hereinafter  modified  : 

4311  It  is,  therefore,  agreed,  by  and  between  Nathaniel  G.  Taylor, 

4312  commissioner  on  the  part  of  the  United  States  of  America,  and 

4313  Lewis  Downing,  H.  D.  Eeese,  Wm.  P.  Adair,  Elias  C.  Boudinot, 

4314  J.  A.  Scales,  Archie  Scraper,  J.  Poruni  Davis,  and  Samuel  Smith, 

4315  commissioners  on  the  part  of  the  Cherokee  Nation  of  Indians, 

4316  that  an  assignment  of  the  contract  made  and  entered  into  on  the 

4317  30th  day  of  August,  A.  D.  1866,  by  and  between  James  Harlan, 

4318  Secretary  of  the  Interior,  for  and  in  behalf  of  the  United  States 

4319  of  America,  of  the  one  part,  and  the  American  Emigrant  Com- 

4320  pany,  a  corporation  chartered  and  existing  under  the  laws  of  the 


99 

4321  State  of  Connecticut,  of  the  other  part,  and  now  on  tile  in  the 

4,322  Department  of  the  Interior,  to  James  F.  Joy,  of  the  city  of  De- 

4323  troit,  Michigan,  shall  be  made  ;  and  that  said  contract,  as  herein 

4324  after  modified,  be  and  the  same  is  hereby,  with  the  consent  of 

4325  all  parties,  re-affirmed  and  declared  valid  ;  and  that  the  contract 

4326  entered  into  by  and  between  Orville  H.  Browning,  for  and  in 

4327  behalf  of  the  United  States,  of  the  one  part,  and  James  F.  Joy, 

4328  of  the  city  of  Detroit,  Michigan,  of  the  other  part,  on  the  9th 

4329  day  of  October,  A.  D.  1867,  and  now  on  file  in  the  Department 

4330  of  the  Interior,  shall  be  relinquished  and  cancelled  by  the  said 

4331  James  F.  Joy,  or  his  duly  authorized  agent  or  attorney ;  and  the 

4332  said  first  contract  as  hereinafter  modified,  and  the  assignment 

4333  of  the  first  contract,  and  the  relinquish ment  of  the  second  con- 

4334  tract,  are  hereby  ratified  and  confirmed,  whenever  said  assign  - 

4335  ment  of  the  first  contract  and  the  relinquishment  of  the  second 

4336  shall  be  entered  of  record  in  the  Department  of  the  Interior,  and 

4337  when  the  said  James  F.  Joy  shall  have  accepted  said  assignment 

4338  and  shall  have  entered  into  a  contract  with  the  Secretary  of  the 

4339  Interior  to  assume  and  perform  all  obligations  of  the  said 

4340  American  Emigrant  Company  under  said  first-named  contract, 

4341  as  hereinafter  modified. 

4342  The  modifications  hereinbefore  mentioned  of  said  contract 

4343  are  hereby  declared  to  be — 

4344  1.  That  within,  ten  days  from  the  ratification  of  this  supple- 

4345  mental  article  the  sum  of  seventy-five  thousand  dollars  shall  be 

4346  paid  to  the  Secretary  of  the  Interior  as  trustee  for  the  Cherokee 

4347  Xation  of  Indians. 

4348  2.  That  the  other  deferred  payments  specified  in  said  con- 

4349  tract  shall  be  paid  when  they  respectively  fall  due,  with  interest 

4350  only  from  the  date  of  the  ratification  hereof. 

4351  It  is  further  agreed  and  distinctly  understood  that,  under 

4352  the  conveyance  of  the  "  Cherokee  neutral  lands "  to  the  said 

4353  American  Emigrant  Company,  "  with  all  beneficial   interests 

4354  therein,"  as  set  forth  in  said  contract,  the  said  company  and 

4355  their  assignees  shall  take  only  the  residue  of  said  lauds  after 

4356  securing  to  "  actual  settlers"  the  lauds  to  which  they  are  entitled 

4357  under  the  provisions  of  the  seventeenth  article  and  amendments 

4358  thereto  of  the  said  Cherokee  treaty  of  August  llth,  1866  ;  and 

4359  that  the  proceeds  of  the  sales  of  said  lands,  so  occupied  at  the 

4360  date  of  said  treaty  by  "  actual  settlers,"  shall  enure  to  the  sole 

4361  benefit  of,  and  be  retained  by,  the  Secretary  of  the  Interior  as 

4362  trustee  for  the  said  Cherokee  Nation  of  Indians. 

4363  Proclaimed  April  27,  1868. 


100 


4364  CREEKS. 

4365  A  treaty  of  peace  and  friendship,  made  and  concluded  between  the 

4366  President  of  the  United  States  of  America,  on  the  part  and  be- 

4367  half  of  the  said  States,  and  the  undersigned  Kings,  Chiefs,  and 

4368  Warriors  of  the  Creek  Nation  of  Indians,  on  the  part  and  behalf 
4360  of  the  said  Nation. 

4370  The  parties  being  desirous  of  establishing  permanent  peace 

4371  and  friendship  between  the  United  States  and  the  sai  1  Creek 

4372  Nation,  and  the  citizens  and  members  thereof,  and  to  remove  the 

4373  causes  of  war  by  ascertaining  their  limits,  and  making  other 

4374  necessary,  just,  and  friendly  arrangements:  the  President  of  the 

4375  United  States,  by  Henry  Knox,  Secretary  for  the  Department  of 

4376  War,  whom  he  hath  constituted  with  full  powers  for  these  pur- 

4377  poses,  by  and  with  the  advice  and  consent  of  the  Senate  of  the 

4378  United  States,  and  the  Creek  Nation,  by  the  undersigned  Kings, 

4379  Chiefs,  and  Warriors,  representing  the  said  nation,  have  agreed 

4380  to  the  following  articles. 

4381  ARTICLE  4.    *     *  '*     the  United  States  will  cause  the  sum 

4382  of  one  thousand  and  five  hundred  dollars  to  be  paid  annually  to 

4383  the  said  Creek  Nation. 

4384  Proclaimed  August  13,  1790. 

4385  N.  B.  The  other  portions  of  this  treaty  nro  suppressed  by 

4386  that  of  August  7,  1856.  (See  page  113.) 

4387  A  treaty  of  limits  between  the  United  States  of  America  and  the 

4388  Creek  Nation  of  Indians. 

4389  Thomas  Jefferson,  President  of  the  United  States  of.Amer- 

4390  ica,  by  James  Wilkinson,  of  the  State  of  Maryland,  Brigadier-Gen- 

4391  eral  in  the  Army  of  the  United  States,  Benjamin  Hawkins,  of  North 

4392  Carolina,  and  Andre w  Pickeus,  of  South  Carolina,  Commissioners 

4393  Plenipotentiary  of  the  United  States,  on  the  one  part,  and  the 

4394  Kings,  Chiefs,  Head-Men  and  Warriors  of  the  Creek  Nation,  in 

4395  council  assembled,  on  the  other  part,  have  entered  into  the  fol- 

4396  lowing  articles  and  conditions,  viz: 

4397  ARTICLE  2.  The  Commissioners  of  the  United  States,for  and  in 

4398  consideration  of  the  foregoing  concession  on  the  part  of  the  Creek 

4399  Nation,  and  in  full  satisfaction  for  the  same,  do  hereby  covenant 

4400  and  agree  with  the  said  nation,  in  behalf  of  the  United  States, 

4401  that  the  said  States  shall  pay  to  the  said  nation,  annually,  and 

4402  every  year,  the  sum  of  three  thousand  dollars.     *  * 

4403  Proclaimed  January  11,  1803. 

4404  N.  B.  The  other  portions  of  this  treaty  are  superseded  by  that 

4405  of  August  7,  1856.  (See  page  113.) 


101 

4406  Articles  of  a  treaty  made  at  the  City  of  Washington,  this  twenty- 

4407  fourth  clay  of  January,  one  thousand  eight  hundred  and  twenty- 

4408  six,  between  James  Barbour,  Secretary  of  War,  thereto  specially 

4409  authorized  by  the  President  of  the  United  States,  and  the  under- 

4410  signed,  Chiefs  and  Head-Men  of  the  Creek  Nation  of  Indians,  who 

4411  have  received  full  power  from  the  said  nation  to  conclude  and  ar- 

4412  range  all  the  matters  herein  provided  for. 

4413  ARTICLE  4.  The  United  States  agree  to  pay  to  the  said  nation 

4414  an  additional  perpetual  annuity  of  twenty  thousand* dollars. 

4415  Proclaimed  January  24,  1826. 

4416  X.  B.    The  other  portions  of  this  treaty  are  superseded  by 
44L7  that  of  August  7,  1856.  (See  page  113.) 

4418  Articles  of  a  treaty  made  at  the  City  of  Washington  bet  ween  Lewis 

4419  Cass,  thereto  specially  authorized  by  the  President  of  the  United 

4420  Mates,  and  the  Creek  tribe  of  Indians. 

4421  ARTICLE  1.  The  Creek  tribe  of  Indians  cede  to  the  United 

4422  States  all  their  land  east  of  the  Mississippi  .River. 

4423  ARTICLE  2.  The  United  States  engage  to  survey  the  said  land 

4424  as  soon  as  the  same  can  be  conveniently  done,  after  the  ratifica- 

4425  tion  of  this  treaty,  and  when  the  same  is  surveyed  to  allow  ninety 

4426  principal  chiefs  of  the  Creek  tribe  to  select  one  section  each,  and 

4427  every  other  head  of  a  Creek  family  to  select  one-half  section  each , 

4428  which  tracts  shall  be  reserved  from  sale  for  their  use  for  the  term 

4429  of  five  years,  unless  sooner  disposed  of  by  them.    A  census  of 

4430  these  persons  shall  be  taken  under  the  direction  of  the  President, 

4431  and  the  selections  shall  be  made  so  as  to  include  the  improve- 

4432  ments  of  each  person  within  his  selection,  if  the  same  can  be  so 

4433  made,  and  if  not,  then  all  the  persons  belonging  to  the  same  town, 

4434  entitled  to  selections,  and  who  cannot  make  the  same,  so  as  to 

4435  include  their  improvements,  shall  take  them  in  one  body  in  a 

4436  proper  form.    And  twenty  sections  shall  be  selected,  under  the 

4437  direction  of  the  President,  for  the  orphan  children  of  the  Creeks, 

4438  and  divided,  and  retained  or  sold  for  their  benefit  as  the  Presi- 

4439  dent  may  direct.    Provided,  however,  that  no  selections  orloca- 

4440  tions  under  this  treaty  shall  be  so  made  as  to  include  the  agency 

4441  reserve. 

4442  ARTICLE  3.  These  tracts  may  be  conveyed  by  the  persons 

4443  selecting  the  same  to  any  other  persons  for  a  fair  consideration, 

4444  in  such  manner  as  the  President  may  direct.    The  contract  shall 

4445  be  certified  by  some  person  appointed  for  that  purpose  by  the 

4446  President,  but  shall  not  be  valid  till  the  President  approves  the 

4447  same.    A  title  shall  be  given  by  the  United  States  on  the  com- 

4448  pletion  of  the  payment. 


102 

4449  ARTICLE  4.  At  the  end  of  five  years,  all  the  Creeks  entitled 

4450  to  these  selections,  and  desirous  of  remaining,  shall  receive  pat- 

4451  ents  therefor,  in  fee-simple,  from  the  United  States. 

4452  ARTICLE  13.  There  shall  also  be  given  to  each  emigrating 

4453  warrior  a  rifle,  moulds,  wiper,  and  ammunition,  and  to  each 

4454  family  one  blanket.    Three  thousand  dollars,  to  be  expended  as 

4455  the  President  may  direct,  shall  be  allowed  for  the  term  of  twenty 
445G  years  for  teaching  their  children.    As  soon  as  half  their  people 

4457  emigrate,  one  blacksmith  shall  be  allowed  them,  and  another 

4458  when  two-thirds  emigrate,  together  with  one  ton  of  iron  and  two 

4459  hundred  weight  of  steel  annually  for  each  blacksmith.    These 

4460  blacksmiths  shall  be  supported  for  twenty  years. 

44G1  ARTICLE  14.  The  Creek  country  west  of  the  Mississippi  shall 

4462  be  solemnly  guarantied  to  the  Creek  Indians,  nor  shall  any  State 

44G3  or  Territory  ever  have  a  right  to  pass  laws  for  the  government 

44G4  of  such  Indians,  but  they  shall  be  allowed  to  govern  themselves, 

44G5  so  far  as  may  be  compatible  with  the  general  jurisdiction  w7hich 

446G  Congress  may  think  proper  to  exercise  over  them.     And  the 

4467  United  States  will  also  defend  them  from  the  unjust  hostilities 

4468  of  other  Indians,  and  will  also,  as  soon  as  the  boundaries  of  the 

4469  Creek  country  west  of  the  Mississippi  are  ascertained,  cause  a 

4470  patent  or  grant  to  be  executed  to  the  Creek  tribe,  agreeably  to 

4471  the  3d  section  of  the  act  of  Congress  of  May  2d,  [28,]  1830,  en- 

4472  titled  "An  act  to  provide  for  an  exchange  of  lands  with  the  Tn- 

4473  diaus  residing  in  any  of  the  States  or  Territories,  and  for  their 

4474  removal  west  of  the  Mississippi." 

4475  Proclaimed  April  4, 1832. 

4476  N.  B. — The  other  portions  of  this  treaty  are  superseded  by 

4477  that  of  August  7,  1856.     (See  page  113.) 

4478  Articles  of  agreement  and  convention  made  and  concluded  at  Fort 

4479  Gibson,  between  Montfort  Stokes,  Henry  L.  Ellsworth,  and 

4480  John    F.   Schermerhorn,  commissioners  on   the  part  of   the 

4481  United  States,  and  the  undersigned  chiefs  and  head-men  of  the 

4482  MusJcogee  or  Creek  Nation  of  Indians,  this  14f/i  day  of  Feuru- 

4483  ary,  A.  D.  1833. 

4484  ARTICLE  2.  The  United  States  hereby  agree,  by  and  with 

4485  the  consent  of  the  Creek  and  Cherokee  delegates,  this  day  ob- 

4486  tained,  that  the  Muskogee  or  Creek  country  west  of  the  Missis- 

4487  sippi,  shall  be  embraced  within  the  following  boundaries,  viz  : 

4488  Beginning  at  the  mouth  of  the  north  fork  of  the  Canadian  Eiver, 

4489  and  run  northerly  four  miles ;  thence  running  a  straight  line  so 

4490  as  to  meet  a  line  drawn  from,  the  south  bank  of  the  Arkansas 

4491  River,  opposite  to  the  east  or  lower  bank  of  Grand  River,  at  its 

4492  junction  with  the  Arkansas,  and  which  runs  a  course  south,  44 


103 

1493  deg.  west,  one  mile,  to  a  post   placed  in  the  ground ;   tlieuce 

4494  along  said  line  to  tlie  Arkansas,  and  up  the  same  and  the, Verdi- 

4495  gris  Eiver,  to  where  the  old  territorial  line  crosses  it;  thence 

4496  along  said  line  north  to  a  point  twenty- five  miles  from  the  Ar- 

4497  kansas  Eiver,  where  the  old  territorial  line  crosses  the  same ; 

4498  thence  running  a  line  at  right  angles  with  the  territorial  line 

4499  aforesaid,  or  west,  to  the  Mexico  line ;  thence  along  the  said  line 

4500  southerly  to  the  Canadian  Eiver,  or  to  the  boundary  of  the  Choc- 

4501  taw  country;  thence  down  said  river  to  the  place  of  beginning. 

4502  The  lines,  hereby  defining  the  country  of  the  Muskogee  Indians 

4503  on  the  north  and  east,  bound  the  country  of  the  Cherokees  along 

4504  these  courses,  as^settled  by  the  treaty  concluded  this  d;%  be- 

4505  tween  the  United  States  and  that  tribe. 

4506  ARTICLE  3.  The  United  States  will  grant  a  patent,  in  fee- 

4507  simple,  to  the  Creek  Nation  of  Indians  for  the  land  assigned 

4508  said  nation  by  this  treaty  or  convention,  whenever  the  same 

4509  shall  have  been  ratified  by  the  President  and  Senate  of  the  United 

4510  States;  and  the  right  thus  guaranteed  by  the  United  States 

4511  shall  be  continued  to  said  tribe  of  Indians,  so  long  as  they  shall 

4512  exist  as  a  nation,  and  continue  to  occupy  the  country  hereby 

4513  assigned  them. 

4514  ARTICLE  5.  As  an  evidence  of  the  kind  feeling  of  the  United 

4515  States  toward  the  Muscogee  Indians,  and  as  a  testimonial  of  the 

4516  |  their]  gratification  with  the  present  amicable  and  satisfactory 

4517  adjustment  of  their  difficulties  with  the  Cherokees,  experienced 

4518  by  the  commissioners,  they  agree,  on  behalf  of  the  United  States, 

4519  to  furnish  to  the  Creek  Indians,  west  of  the  Mississippi,  one 

4520  blacksmith  and  one  wheelwright  or  wagon  maker,  as  soon  as 

4521  they  may  be  required  by  the  nation,  in  addition  to  those  already 

4522  employed ;  also  to  erect  shops  and  furnish  tools  for  the  same, 

4523  and  supply  the  smith-shops  with  one  ton  of  iron  and  two  hundred 

4524  and  fifty  pounds  of  steel  each ;  and  allow  the  said  Creek  Indians 

4525  annually,  for  education  purposes,  the  sum  of  one  thousand  clol- 

4526  lars,  to  be  expended  under  the  direction  of  the  President  of  the 

4527  United  States ;  the  whole  of  the  above  grants  to  be  continued 

4528  so  long  as  the  President  may  consider  them  conducive  to  the 

4529  interest  and  welfare  of  the  Creek  Indians ;   and  the  United 

4530  States  will  also  cause  to  be  erected,  as  soon  as  conveniently  can 

4531  be  done,  four  patent  railway  mills  for  grinding  corn,  and  will  im- 

4532  mediately  purchase  for  them  twenty-four  cross-cut  saws ;  it  be- 

4533  ing  distinctly  understood,  however,  that  the  grants  thus  made 

4534  to  the  Creek  Indians  by  this   article  are  intended  solely  for 

4535  the  use  and  benefit  of  that  portion  of  the  Creek  Nation  who  are 

4536  now  settled  west  of  the  Mississippi. 

4537  Proclaimed  April  12, 1834. 

4538  N.  B. — The  other  portions  of  this  treaty  are  superseded  by 

4539  that  of  7  August,  1856.     (See  page  113.) 


104 

4510  Articles  of  a  treaty  made  and  concluded  at  Fort  Gibson,  ivcst  of 
4541  Arkansas,  between  Captain  William  Armstrong,  act.  super - 

4541!  intendent  Western  Territory,  and  Bret.  Brig.  Gen.  Arbucklc, 

4543  commissioners  on  the  part  of  the  United  States  and  the  un- 

4544  der 'signed  chiefs,  beingafu'l  delegation  of  the  Creek  chiefs  dull/ 

4545  authorized  and  empowered  by  their  nation  to  adjust  "  their 

4546  claims  for  property  and  improvements  abandoned  or  lost  in 

4547  consequence  of  their  emigration  ivest  of  the  Mississippi." 

4548  ARTICLE  4.  *    *    *    *    It  is  further  agreed  that  all  the  edu- 

4549  cation  funds  of  the  Creeks,  including  the  annuities  above  named, 
4550g  the  annual  allowance  of  one  thousand  dollars  provided  in  the 

4551  treaty  of  1833,  and  also  all  balances  of  appropriations  for  edu- 

4552  cation  annuities  that  may  be  due  from  the  United  States,  shall 

4553  be  expeuded  in  their  own  country  for  the  support  of  a  manual  - 

4554  labor  school  in  the  Canadian  district,  and  of  another  in  the  Ar- 

4555  kansas  district :  Provided,  That  the  President  does  not  object  to 

4556  such  application  of  the  annuities  above  named,  granted  in  the 

4557  treaties  of  1832  and  1833.     And  it  is  also  agreed  that  in  the 

4558  management  of  such  school  the  wishes  of  the  Creek  council 

4559  shall  be  consulted,  (a) 

4560  Proclaimed  March  2,  1839. 

4561  X.  B. — The  other  portions  of  this  treaty  are  superseded  by 

4562  that  of  August  7,  1856.     (See  page  113.) 

4563  FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 

4564  to  all  persons  to  whom  these  presents  shall  come,  greeting  : 

4565  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

4566  Washington,  on  the  seventh  day  of  August,  eighteen  hundred 

4567  and  fifty-six,  between  George  W.  Many  penny,  commissioner  on 

4568  the  part  of   the  United  States,  Tuck-a-batchee-Micco,  Echo- 

4569  Harjo,  Chilly  Mclntosh,  Benjamin  Marshall,  George  W.  Stid- 

4570  ham,   and  Daniel  X.  Mclntosh,   commissioners    on  the  part 

4571  of  the  Creeks  ;  and  John  Jumper,  Tuste-nuc-o-chee,  Pars-co-fer, 

4572  and  James  Factor,  commissioners  on  the  part  of  the  Seminoles, 

4573  which  treaty  is  in  the  words  and  figures  following,  viz : 

4574  Articles  of  agreement  and  convention  between  the  United  States 

4575  and  the  Creek  and  Semiuole  Tribes  of  Indians,  made  and 

4576  concluded  at  the  city  of  Washington  the  seventh  day  of  Au- 

4577  gust,  one  thousand  eight  hundred  and  fifty-six,  by  George 

4578  W.  Manypenny,  commissioner  on  the  part  of  the  United 

4579  States,  Tuck-a-batchee-Micco,  Echo-Harjo,  Chilly  Mclntosh, 

4580  Benjamin  Marshall,  George  W.  Stidham,  and  Daniel  X.  Mc- 

4581  Intosh,  commissioners  on  the  part  of  the  Creeks ;  and  John 

4582  Jumper,  Tuste-uuc-o-chee,  Pars-co-fer,  and  James  Factor, 

4583  commissioners  on  the  part  of  the  Seminoles. 


105 

4584  Whereas  the  convention  heretofore  existing  between  the 

4585  Creek  and  Semiuole  tribes  of  Indians  west  of  the  Mississippi 

4586  Kiver  has  given  rise  to  unhappy  and  injurious  dissensions  and 

4587  controversies  among  them,  which  render  necessary  a  re-adjust- 

4588  ment  of  their  relations  to  each  other  and  to  the  United  States; 

4589  and 

4590  Whereas  the  United  States  desire,  by  providing  the  Semi- 

4591  noles  remaining  in  Florida  with  a  comfortable  home  west  of  the 

4592  Mississippi  Kiver,  and  by  making  a  liberal  and  generous  pro- 

4593  vision  for  their  welfare,  to  induce  them  to  emigrate  and  become 

4594  one  people  with  their  brethren  already  west,  and  also  to  afford 

4595  to  all  the  Seminoles  the  means  of  education  and  civilization,  and 

4596  the  blessings  of  a  regular  civil  government  ;  and 

4597  Whereas  the  Creek  Nation  and  individuals  thereof  have,  by 

4598  their  delegation, brought  forward  and  persistently  urged  various 

4599  claims  against  the  United  States,  which  it  is  desirable  shall  be 

4600  finally  adjusted  and  settled  ;  and 

460L  Whereas  it  is  necessary,  for  the  simplification  and  better 

4602  understanding  of  the  relations  between  the  United  States  and 

4603  said  Creek  and  Seminole  tribes  of  Indians,  that  all  their  sub- 

4604  sisting  treaty  stipulations  shall,  as  far  as  practicable,  .be  em- 

4605  bodied  in  one  comprehensive  instrument: 

4606  Now,  therefore,  the  United  States,  by  their  commissioner, 

4607  George  W.  Manypenuy,  the  Creek  tribe  of  Indians,   by  their 

4608  commissioners,  Tuck-a-batchee-Micco,  Echo-Harjo,   Chilly  Mc- 

4609  Intosh,  Benjamin  Marshall,  George  W.  Stidham,  and  Daniel  X. 

4610  Melntosh;  and  the  Seminole  tribe  of  Indians,  by  their  commis- 

4611  sioners,  John  Juniper,  Tnste-nuc-o-chee,  Pars-co-fer,  and  James 

4612  Factor,  do  hereby  agree  and  stipulate  as  follows,  viz  : 

4613  ARTICLE  1.  The  Creek  Nation  doth  hereby  grant,  cede,  and 

4614  convey  to  the  Seminole  Indians   the  tract  of  country  included 
461o  within  the  following  boundaries,  viz :  beginning  on  the  Canadian 

4616  Kiver,  a  few  miles  east  of  the  ninety-seventh  parallel  of  west 

4617  longitude,  where  Ock-hi-appo,  or  Pond  Creek,  empties  into  the 

4618  same;  thence,  due  north  to  the  north  fork  of  the  Canadian ; 

4619  thence  up  said  north  fork  of  the  Canadian  to  the  southern  line 

4620  of  the  Cherokee  country ;  thence,  with  that  line,  west,  to  the 

4621  one  hundredth  parallel  of  west  longitude;  thence,  south  along 

4622  said  parallel  of  longitude  to  the  Canadian  Kiver,  and  thence 

4623  down  and  with  that  river  to  the  place  of  beginning. 

4624  ARTICLE  2.  The  following  shall  constitute  and  remain  the 

4625  boundaries  of  the  Creek  country,  viz:  beginning  at  the  mouth 

4626  of  the  north  fork  of  the  Canadian  Kiver,  and  running  northerly 

4627  four  miles;  thence  running  a  straight  line  so  as  to  meet  a  line 

4628  drawn  from  the  south  bank  of  the  Arkansas  Kiver,  opposite  to 

4629  the  east  or  lower  bank  of  Grand  Kiver,  at  its  junction  with  the 

14  i  T 


106 

4630  Arkansas,  and  which  runs  a  course   south,  forty-four  degrees 

4631  west,  one  mile,  to  a  post  placed  in  the  ground ;  thence  along 

4632  said  line  to  the  Arkansas  and  np  the  same  and  the  Verdigris 

4633  River,  to  where  the  old  territorial  line  crosses  it ;  thence  along  said 

4634  line,  north,  to  a  point  twenty-five  miles  from  the  Arkansas  River, 

4635  where  the  old  territorial  line  crosses  the  same  ;  thence  running 

4636  west  with  the  southern  line  of  the  Cherokee  country,  to  the 

4637  north  fork  of  the  Canadian  River,  where  the  boundary  of  the 

4638  cession  to  the  Seminoles  defined  in  the  preceding  article  first 

4639  strikes  said  Cherokee  line ;  thence  down  said  north  fork,  to 

4640  where  the  eastern  boundary -line  of  the  said  cession  to  the  Semi- 

4641  noles  strikes  the  same  ;  thence,  wTith  that  line,  due  south  to  the 

4642  Canadian  River,  at  the  mouth  of   the  Ock-hi-appo,  or  Pond 

4643  Creek  5  and  thence  down  said  Canadian  River  to  the  place  of 

4644  beginning. 

4645  ARTICLE  3.  The  United  States  do  hereby  solemnly  guaran- 

4646  tee  to  the  Semiuole  Indians  the  tract  of  country  ceded  to  them 

4647  by  the  first  article  of  this  convention;  and  to  the  Creek  Indians, 

4648  the  lands  included  within  the  boundaries  defined  in  the  second 

4649  article  hereof;  and  likewise  that  the  same  shall  respectively  be 

4650  secured  to  and  held  by  said  Indians  by  the  same  title  and  tenure 

4651  by  which  they  were  guaranteed  and  secured  to  the  Creek  Nation 

4652  by  the  fourteenth  article  of  the  treaty  of  March  twenty-fourth, 

4653  eighteen  hundred  and  thirty-two,  the  third  article  of  the  treaty 

4654  of  February  fourteenth,  eighteen  hundred  and  thirty-three,  and 

4655  by  the  letters  patent  issued  to  the  said  Creek  Nation,  on  the 

4656  eleventh  day  of  August,  eighteen  hundred  and  fifty-two,  and  re- 

4657  corded  in  volume  four  of  records  of  Indian  deeds  in  the  Office  of 

4658  Indian  Affairs,  pages  446  and  447 :  Provided,  however,  That  no 

4659  part  of  the  tract  of  country  so  ceded  to  the  Senrinole  Indians 

4660  shall  ever  be  sold,  or  otherwise  disposed  of  without  the  consent 

4661  of  both  tribes  legally  given. 

4662  ARTICLE  4.  The  United  States  do  hereby  solemnly  agree 

4663  and  bind  themselves,  that  no  State  or  Territory  shall  ever  pass 

4664  laws  for  the  government  of  the  Creek  or  Seminole  tribes  of  In- 

4665  dians,  and  that  no  portion  of  either  of  the  tracts  of  country  de- 

4666  fined  in  the  first  and  second  articles  of  this  agreement  shall  ever 

4667  be  embraced  or  included  within,  or  annexed  to,  any  Territory  or 

4668  State,  nor  shall  either,  or  any  part  of  either,  ever  be  erected 

4669  into  a  Territory  without  the  full  and  free  consent  of  the  legisla- 

4670  tive  authority  of  the  tribe  owning  the  same. 

4671  ARTICLE  5,  The  Creek  Indians  do  hereby  absolutely  and 

4672  forever  quit-claim  and  relinquish  to  the  United  States  all  their 

4673  right,  title,  and  interest  in  and  to  any  lands  heretofore  owned  or 

4674  claimed  by  them,  whether  east  or  west  of  the  Mississippi  River, 

4675  and  any  and  all  claim  for  or  on  account  of  any  such  lands,  ex- 


107 

4G76  cept  those  embraced  within  the  boundaries  described  in  tLe 

4677  second  article  of  this  agreement ;  and  it  doth  also,  in  like  man- 

4678  ner,  release  and  fully  discharge  the  United  States  from  all  other 

4679  claims  and  demands  whatsoever,  which  the  Creek  Nation  or  any 

4680  individuals  thereof  may  now  have  against  the  United  States, 

4681  excepting  only  such  as  are  particularly  or  in  terms  provided  for 

4682  and  secured  to  them  by  the  provisions  of  existing  treaties  and 

4683  laws ;  and  which  are  as  follows,  viz :  permanent  annuities  in 

4684  money  amounting  to  twenty-four  thousand  five  hundred  dollars, 

4685  secured  to  them  by  the  fourth  article  of  the  treaty  of  seventh 

4686  August,  seventeen  hundred  and  ninety,  the  second  article  of  the 

4687  treaty  of  June  sixteenth,  eighteen  hundred  and  two,  and  the 

4688  fourth  article  of  the  treaty  of  January  twenty-fourth,  eighteen 

4689  hundred  and  twenty-six  5  permanent  provision  for  a  wheelwright, 

4690  for  a  blacksmith  and  assistant  ;  blacksmith-shop  and  tools,  and 

4691  for  iron  and  steel  under  the  eighth  article  of  the  last-mentioned 

4692  treaty;  and  costing  annually  one  thousand  seven  hundred  and 

4693  ten  dollars;  two  thousand  dollars  per  annum,  daring  the  pleas- 

4694  ure  of  the  President,  for  assistance  in  agricultural  operations 

4695  under  the  same  treaty  and  article  ;  six  thousand  dollars  per  an- 

4696  num  for  education  for  seven  years,  in  addition  to  the  estimate 

4697  for  present  fiscal  year,  under  the  fourth  article  of  the  treaty  of 

4698  January  fourth,  eighteen  hundred  and  forty-five;  one  thousand 

4699  dollars  per  annum  during  the  pleasure  of  the  President,  for  the 

4700  same  object,  under  the  fifth  article  of  the  treaty  of  February 

4701  fourteenth,  eighteen  hundred  and  thirty-three ;  services  of  a 

4702  wagon-maker,  blacksmith  and  assistant,  shop  and  tools,  iron 

4703  and  steel,  during  the  pleasure  of  the  President,  under  the  same 

4704  treaty  and  article,  and  costing  one  thousand  seven  hundred  and 

4705  ten  dollars  annually;  the  last  instalment  of  two  thousand  two 

4706  hundred  and  twenty  dollars  for  two  blacksmiths  and  assistants, 

4707  shops  and  tools,  and  iron  and  steel,  under  the  thirteenth  article 

4708  of  the  treaty  of  March  twenty-fourth,  eighteen  hundred  and 

4709  thirty-two,  and  which  last  it  is  hereby  stipulated  shall  be  con- 

4710  tinned  for  seven  additional  years.     The  following  shall  also  be 

4711  excepted  from  the  foregoing  quit-claim,  reliuquishment,  release, 

4712  and  discharge,  viz :  the  fund  created  and  held  in  trust  for  Creek 

4713  orphans  under  the  second  article  of  the  treaty  of  March  twenty  - 

4714  fourth,  eighteen  hundred  and  thirty-two ;  the  right  of  such  indi- 

4715  viduals  among  the  Creeks  as  have  not  received  it,  to  the  com- 

4716  pensation  in  money  provided  for  by  the  act  of  Congress  of  March 

4717  third,  eighteen  hundred  and  thirty-seven,  in  lieu  of  reservations 

4718  of  land  to  which  they  were  entitled,  but  which  were  not  secured 

4719  to  them,  under  the  said  treaty  of  eighteen  hundred  and  thirty  - 

4720  two  ;  the  right  of  the  reservees  under  the  same  treaty,  who  did 

4721  not  dispose  of  their  reservations  to  the  amounts  for  which  they 


108 

4722  have  been  or  may  t>e  sold  by  the  United  States ;  and  the  right 

4723  of  such  members  of  the  tribe  to  military-bounty  lands,  as  are 

4724  entitled  thereto  under  existing  laws  of  the  United  States.     The 

4725  right  and  interest  of  the  Creek  Nation  and  people  in  and  to  the 
472G  matters  and  things  so  excepted,  shall  continue  and  remain  the 

4727  same  as  though  this  convention  had  never  been  entered  into. 

4728  ARTICLE  6.  In  consideration  of  the  foregoing  quit-claim,  re 

4729  linquishment,  release,  and  discharge,  and  of  the  cession  of  a 

4730  country  for  the  Seminole  Indians  contained  in  the  first  article 

4731  of  this  agreement,  the  United  States  do  hereby  agree  and  stipu- 

4732  late  to  allow  and  pay  the  Creek  Nation  the  sum  of  one  million 

4733  of  dollars,  which  shall  be  invested  and  paid  as  follows,  viz  :  two 

4734  hundred  thousand  dollars  to  be  invested  in  some  safe  stocks, 

4735  paying  an  interest  of  at  least  five  per  cent,  per  annum  ;  which 

4736  interest  shall  be  regularly  and  faithfully  applied  to  purposes  of 

4737  education  among  the  Creeks  ;  four  hundred  thousand  dollars  to 

4738  be  paidj?cr  capita,  under  the  direction  of  the  general  council  of 

4739  the  Creek  Nation,  to  the  individuals  and  members  of  said  nation, 

4740  [except  such  portion  as  they  shall,  by  order  of  said  national 

4741  council,  direct  to  be  paid  to  the  treasurer  of  said  nation  for 

4742  any  specified  national  object  not  exceeding  ($100,000)  one  hun- 

4743  dred  thousand  dollars,]  as  soon  as  practicable  after  the  ratifica- 

4744  tiou  of  this  agreement;  and  two  hundred  thousand  dollars  shall 

4745  be   set  apart  to  be  appropriated  and  paid  as  follows,  viz :  ten 

4746  thousand  dollars  to  be  equally  distributed  and  paid  to  those  in- 

4747  dividualsand  their  heirs,  who,  under  act  of  Congress  of  March 

4748  third,  eighteen  hundred  and  thirty  seven,  have  received  money 

4749  in  lieu  of  reservations  of  land  to  which  they  were  entitled,  but 

4750  which    were    not  secured  to  them  under  the  treaty  of  March 

4751  twenty-fourth,  eighteen  hundred  and  thirty-two;  one  hundred 

4752  and  twenty  thousand  dollars  to  be  equally  and  justly  distributed 

4753  *  and  paid,  under  the  direction  of  the  general  council,  to  those 

4754  Creeks,  or  their  descendants,  who  emigrated  west  of  the  Missis- 

4755  sippi  Elver  prior  to  said  treaty  of  eighteen  hundred  and  thirty  - 

4756  two,  and  to  be  in  lieu  of  and  in  full  compensation  for  the  claims 

4757  of  such  Creeks  to  an  allowance  equivalent  to  the  reservations 

4758  granted  to  the  eastern  Creeks  by  that  treaty,  and  seventy  thou- 

4759  sand  dollars  for  the  adjustment  and  final  settlement  of  such  other 

4760  claims  of  individual  Creek  Indians,  as  may  be  found  to  be  equi- 

4761  table  and  just  by  the  general  council  of  the  nation  :  Provided, 

4762  however.  That  no  part  of  the  three  last-mentioned  sums  shall  be 

4763  allowed  or  paid  to  any  other  person  or  persons,  whatsoever,  than 

4764  those  who  are  actual  and  bona-Jide  members  of  the  Creek  Nation 

4765  and  belonging  respectively  to  the  three    classes  of  claimants 

4766  designated  ;  said  sums  to  be  remitted  and  paid  as  soon  as  prac- 

4767  ticable  after  the  general  council  shall  have  ascertained  and  des- 


109 

4768  ignated  the  persons  entitled  to  share  therein  :    And  provided 

4769  further,  That  any  balance  of  the  said  sum  of  seventy  thousand 

4770  dollars,  which  may  be  found  not  to  be  actually  necessary  for 

4771  the  adjustment  and  settlement  of  the  claims  for  which  it  is  set 

4772  apart,  shall  belong  to  the  nation,  and  be  applied  to  such  object 

4773  or  objects  of  utility  or  necessity  as  the  general  council  shall 

4774  direct.     The  remaining  sum  of  two  hundred  thousand  dollars 

4775  shall  be  retained  by  the  United  States,  until  the  removal  of  the 

4776  Seininole  Indians,  now  in  Florida,  to  the  country  west  of  the  Mis- 

4777  sissippi  River  herein  provided  for  their  tribe ;  whereupon  the 

4778  same,  with  interest  thereon,  at  five  per  cent.,  from  the  date  of  the 

4779  ratification  of  this  agreement,  shall  be  paid  over  to  or  invested 

4780  for  the  benefit  of  the  Creek  Nation,  as  may  then  be  requested 

4781  by  the  proper  authorities  thereof:  Provided,  however,  That  if  so 

4782  paid  over,  it  shall  be  equally  divided  and  paid  per  capita  to  all 

4783  the  individuals  and  members  of  the  Creek  Nation,  or  be  used 

4784  and  applied  only  for  such  objects  or  purposes  of  a  strictly  na- 

4785  tional  or  beneficial  character  as  the  interests  and  welfare  of  the 

4786  Creek  people  shall  actually  require. 

4787  ARTICLE  7.  It  being  the  desire  of  the  Creeks  to  employ 

4788  their  own  teachers,  mechanics,  and  farmers,  all  of  the  funds  se- 

4789  cured  to  the  nation  for  educational,  mechanical,  and  agricultural 

4790  purposes,  shall,  as  the  same  become  annually  due,  be  paid  over 

4791  by  the  United  States  to  the  treasurer  of  the  Creek  Nation.    And 

4792  the  annuities  in  money  due  the  nation  under  former  treaties 

4793  shall  also  be  paid  to  the  same  officer,  whenever  the  general 

4794  council  shall  so  direct. 

4795  ARTICLE  8.  The  Sem'inoles  hereby  release  and  discharge  the 

4796  United  States  from  all  claims  and  demands  which  their  delega- 

4797  tion  have  set  up  against  them,  and  obligate  themselves  to  re- 

4798  move  to  and  settle  in  the  new  country  herein  provided  for  them 

4799  as  soon  as  practicable.    In  consideration  of  such  release,  dis- 

4800  charge,  and  obligation,  and  as  the  Indians  must  abandon  their 

4801  present  improvements,  and  incur  considerable  expense  in  re-es- 

4802  tablishing  themselves,  and  as  the  Government  desires  to  secure 

4803  their  assistance  in  inducing  their  brethren  yet  in  Florida  to  em- 

4804  i grate  and  settle  with  them  west  of  the  Mississippi  River,  and  is 

4805  willing  to  offer  liberal  inducements  to  the  latter  peaceably  so  to 

4806  do,  the  United  States  do  therefore  agree  and  stipulate  as  fol- 

4807  lows,  viz  :  To  pay  to  the  Seminoles  now  west  the  sum  of  ninety 

4808  thousand  dollars,  which  shall  be  in  lieu  of  their  present  improve- 

4809  incuts,  and  in  full  for  the  expenses  of  their  removal  and  estab- 

4810  lishing  themselves  in  their  new  country ;  to  provide  annually 

4811  for  ten  years  the  sum  of  three  thousand  dollars  for  the  support 

4812  of  schools ;  two  thousand  dollars  for  agricultural   assistance  5 

4813  and  two  thousand  two  hundred  dollars  for  the  support  of  smiths 


110 

4814  and  smith-shops  among  them,  said  sums  to  be  applied  to  these 

4815  objects  in  such  manner  as  the  President  shall  direct.    Also  to 
481G  invest  for  them  the  sum  of  two  hundred  and  fifty  thousand  dol- 

4817  lars,  at  five  per  cent,  per  annum,  the  interest  to  be  regularly 

4818  paid  over  to  them  per  capita  as  annuity ;  the  further  sum  of  two 

4819  hundred  and  fifty  thousand  dollars  shall  be  invested  in  like  man- 

4820  ner  whenever  the  Seminoles  now  remaining  in  Florida  shall 

4821  have  emigrated  and  joined  their  brethren  in  the  west,  where- 

4822  upon  the  two  sums  so  invested  shall  constitute  a  fund  belonging 

4823  to  the  united  tribe  of  Seminoles,  and  the  interest  on  which,  at 

4824  the  rate  aforesaid,  shall  be  annually  paid  over  to  them  per  capita 

4825  as  an  annuity ;  but  no  portion  of  the  principal  thus  invested,  or 

4826  the  interest  thereon  annually  due  and  payable,  shall  ever  be 

4827  taken  to  pay  claims  or  demands  against  said  Indians,  except 

4828  such  as  may  hereafter  arise  under  the  intercourse  laws. 

4829  ARTICLE  9.  The  United  States  agree  to  remove  comfortably 

4830  to  their  new  country  west  all  those  Seminoles  now  in  Florida 

4831  who  can  be  induced  to  emigrate  thereto ;  and  to  furnish  them 

4832  with  sufficient  rations  of  wholesome  subsistence  during  their 

4833  removal  and  for  twelve  mouths  after  their  arrival  at  their  new 

4834  homes ;  also,  to  provide  each  warrior  of  eighteen  years  of  age 

4835  and  upwards,  who  shall  so  remove,  with  one  rifle-gun,  if  he 
483G  shall  not  already  possess  one ;  with  two  blankets,  a  supply  of 

4837  powder  and  lead,  a  hunting-shirt,  one  pair  of  shoes,  one  and 

4838  a  half  yards  of  strouding,  and  ten  pounds  of  good  tobacco ;  and 

4839  each  woman,  youth,  and  child  with  a  blanket,  pair  of  shoes,  and 

4840  other  necessary  articles  of  comfortable  clothing,  and  to  expend 

4841  for  them  in  improvements,  after  they  shall  all  remove,  the  sum 

4842  of  twenty  thousand  dollars.     And  to  encourage  the  Seminoles 

4843  to  devote  themselves  to  the  cultivation  of  the  soil,  and  become 

4844  a  sober,  settled,  industrious,  and  independent  people,  the  United 

4845  States  do  further  agree  to  expend  three  thousand  dollars  in  the 
484G  purchase  of  ploughs  and  other  agricultural  implements,  axes, 

4847  seeds,  looms,  cards,  and  wheels ;  the  same  to  be  proportionately 

4848  distributed  among  those  now  west,  and  those  who  shall  emigrate 

4849  from  Florida. 

4850  ARTICLE  10.  The  Seminoles  west  do  hereby  agree  and  bind 

4851  themselves  to  furnish,  at  such  time  or  times  as  the  President 

4852  may  appoint,  a  delegation  of  such  members  of  their  tribe  as 

4853  shall  be  selected  for  the  purpose,  to  proceed  to  Florida,  under 

4854  the  direction  of  an  agent  of  the  Government,  to  render  such 

4855  peaceful  services  as  may  be  required  of  them,  and  otherwise  to 

4856  do  all  in  their  power  to  induce  their  brethren  remaining  in  that 

4857  State  to  emigrate  and  join  them  in  the  west;  the  United  States 
:858  agreeing  to  pay  them  and  such  members  of  the  Creek  tribe  as 

4859  may  voluntarily  offer  to  join  them  and  be  accepted  for  the  same 


Ill 

4860  service,  a  reasonable  compensation  for  their  time  and  services, 

4861  as  well  as  tbeir  travelling  and  other  actual  and  necessary  ex- 

4862  penses. 

4863  ARTICLE  11.  It  is  further  hereby  agreed  that  the  United 

4864  States  shall  pay  Foc-te-lus-te-harjo,  his  heirs  or  assigns,  the  sum 

4865  of  four  hundred  dollars,  in  consideration  of  the  unpaid  services 

4866  of  said  Foc-te-luc-te-harjoe,  or  Black  Dirt,  rendered  by  him  as 

4867  chief  of  the  friendly  band  of  Semiuole  warriors  who  fought  for 

4868  the  United  States  during  the  Florida  war. 

4860  ARTICLE  12.  So  soon  as  the  Semiuoles  west  shall  have  re- 

4870  moved  to  the  new  country  herein  provided  for  them,  the  United 

4871  States  will  then  select  a  site  and  erect  the  necessary  buildings 

4872  for  an  agency,  including  a  council-house  for  the  Semiuoles. 

4873  ARTICLE  13.  The  officers  and  people  of  each  of  the  tribes  of 

4874  Creeks  and  Seminoles  shall,  at  all  times,  have  the  right  of  safe 

4875  conduct  and  free  passage  through  the  lands  and  territory  of  the 

4876  other.    The  members  of  each  shall  have  the  right  freely  to  settle 

4877  within  the  country  of  the  other,  and  shall  thereupon  be  entitled 

4878  to  all  the  rights,  privileges,  and  immunities  of  members  thereof 

4879  except  that  no  member  of  either  tribe  shall  be  entitled  to  partici- 

4880  pate  in  any  funds  belonging  to  the  other  tribe.    Members  of  each 

4881  tribe  shall  have  the  right  to  institute  and  prosecute  suits  in  the 

4882  courts  of  the  other,  under  such  regulations  as  may,  from  time  to 

4883  time,  be  prescribed  by  their  respective  legislatures. 

4884  ARTICLE  14.  Any  person  duly  charged  with  a  criminal 

4885  offense  against  the  laws  of  either  the  Creek  or  Seminole  tribe, 

4886  and  escaping  into  the  jurisdiction  of  the  other,  shall  be  promptly 

4887  surrendered  upon  the  demand  of  the  proper  authority  of  the  tribe 

4888  within  whose  jurisdiction  the  offense  shall  be  alleged  to  have 
4880  been  committed. 

4800  ARTICLE  15.  So  far  as  may  be  compatible  with  the  Const i- 

4801  tution  of  the  United  States,  and  the  laws  made  in   pursuance 

4802  thereof,  regulating  trade  and  intercourse  with  the  Indian  tribes, 

4803  the  Creeks  and  Seminoles  shall  be  secured  in  the  unrestricted 

4804  right  of  self- government,  and  full  jurisdiction  over  persons  and 

4805  property,  within  their  respective  limits;  excepting,  however,  all 

4806  white  persons,  with  their  property,  who  are  not,  by  adoption  or 

4807  otherwise,  members  of  either  the  Creek  or  Seminole  tribe;  and 

4808  all  persons  not  being  members  of  either  tribe,  found  within  their 
4800  limits,  shall  be  considered  intruders,  and  be  removed  from  and 

4000  kept  out  of  the  same  by  the  United  States  agents  for  said  tribes, 

4001  respectively,  (assisted,  if  necessary,  by  the  military,)  with  the 

4002  following  exceptions,  viz :  such  individuals  with  their  families 

4003  as  may  be  in  the  employment  of  the  Government  of  the  United 

4004  States;  all  persons  peaceably  travelling,  or  temporarily  sojourn- 

4005  ing  in  the  country,  or  trading  therein  under  license  from  the 


112 

4906  proper  authority  of  the  United  States;  and  such  persons  as  may 

4907  be  permitted  by  the  Creeks  or  Seminoles,  with  the  assent  of  the 

4908  proper  authorities  of  the  United  States,  to  reside  within  their 

4909  respective  limits  without  becoming  members  of  either  of  said 

4910  tribes. 

4911  ARTICLE  10.   The  Creeks  and   Semiuoles  shall  promptly 

4912  apprehend  and  deliver  up  all  persons  accused  of  any  crime  against 

4913  the  laws  of  the  United  States,  or  of  any  State  thereof,  who  may 

4914  be  found  within  their  limits,  on  demand  of  any  proper  officer  of 

4915  a  State  or  of  the  United  States. 

4916  ARTICLE  17.  All  persons  licensed  by  the  United  States  to 

4917  trade  with  the  Creeks  or  Seminoles  shall  be  required  to  pay  to 

4918  the  tribe  within  whose  country  they  trade  a  moderate  annual 

4919  compensation  for  the  land  and  timber  used  by  them,  the  amount 

4920  of  such  compensation,  in  each  case,  to  be  assessed  by  the  proper 

4921  authorities  of  said  tribe,  subject  to  the  approval  of  the  United 

4922  States  agent  therefor. 

4923  ARTICLE  18.  The  United  States  shall  protect  the  Creeks  and 

4924  Seminoles  from  domestic  strife,  from  hostile  invasion,  and  from 

4925  aggression  by  other  Indians  and  white  persons,  not  subject  to 

4926  their  jurisdiction  and  laws;  and  for  all  injuries  resulting  from 

4927  such  invasion  or  aggression,  full  indemnity  is  hereby  guaranteed 

4928  to  the  party  or  parties  injured  out  of  the  Treasury  of  the  United 

4929  States,  upon  the  same  principle  and  according  to  the  same  rules 

4930  upon  which  white  persons  are  entitled  to  indemnity  for  injuries 

4931  or  aggressions  upon  them,  committed  by  Indians. 

4932  ARTICLE  19.  The  United  States  shall  have  the  right  to 

4933  establish  and  maintain  such  military  posts,  military  and  post- 
4934  roads,  and  Indian  agencies  as  may  be  deemed  necessary  within 

4935  the  Creek  and  Seminole  country,  but  no  greater  quantity  of 

4936  land  or  timber  shall  be  used  for  said  purposes  than  shall  be 

4937  actually  requisite ;  and  if,  in  the  establishment  or  maintenance 

4938  of  such  posts,  roads,  or  agencies,  the  property  of  any  Creek  or 

4939  Seminole  be  taken,  destroyed,  or  injured,  or  any  property  of 

4940  either  nation,  other  than  land  and  timber,  just  and  adequate  com. 

4941  pensation  shall  be  made  by  the  United  States.     Such  persons 

4942  only  as  are  or  may  be  in  the  employment  of  the  United  States, 

4943  in  any  capacity,  civil  or  military,  or  subject  to  the  jurisdiction 

4944  and  laws  of  the  Creeks  and  Seminoles,  shall  be  permitted  to 

4945  farm  or  raise  stock  within  the  limits  of  any  of  said  military 

4946  posts  or  Indian  agencies.    And  no  offender  against  the  laws  of 

4947  either  of  said  tribes  shall  be  permitted  to  take  refuge  therein. 

4948  ARTICLE  20.  The  United  States,  or  any  incorporated  com- 

4949  pany,  shall  have  the  right  of  way  for  railroads,  or  lines  of  tele- 

4950  graphs,  through  the  Creek  and  Seminole  countries ;  but  in  the 

4951  case  of  any  incorporated  company,  it  shall  have  such  right  of 


113 

4952  way  only  upon  such  terms,  and  payment  of  such  amount  to  the 

4953  Creeks  and  Semiuoles,  as  the  case  may  be,  as  may  be  agreed 

4954  upon  between  it  and  the  national  council  thereof ;  or,  in  case 

4955  of  disagreement,  by  making  full  compensation,  not  only  to  indi- 

4956  vidual  parties  injured,  but  also  to  the  tribe  for  the  right  of  way, 

4957  all  damage  and  injury  done  to  be  ascertained  and  determined  in 

4958  such  manner  as  the  President  of  the  United  States  shall  direct. 

4959  And  the  right  of  way  granted  by  either  of  said  tribes  for  any 

4960  railroad  shall  be  perpetual,  or  for  such  shorter  term  as  the  same 

4961  may  be  granted,  in  the  same  manner  as  if  there  were  no  revision  of 

4962  their  lauds  to  the  United  States  provided  for,  iu  case  of  aban- 

4963  donment  by  them,  or  of  extinction  of  their  tribe. 

4964  ARTICLE  21.  The  United  States  will  cause  such  portions  of 

4965  the  boundaries  of  the  Creek  and  Seminole  countries  as  do  not 

4966  consist  of  well-defined  natural  boundaries,  to  be  surveyed  and 

4967  permanently  marked  and  established.    The  Creek  and  Seminole 

4968  general  councils  may  each  appoint  a  commission  'from  their  own 

4969  people  to  attend  the  running  of  their  respective  boundaries, 

4970  whose  expenses  and  a  reasonable  allowance  for  their  time  and 

4971  services,  while  engaged  in  such  duty,  shall  be  paid  by  the  United 

4972  States. 

4973  ARTICLE  22.  That  this  convention  may  conduce,  as  far  as 

4974  possible,  to  the  restoration  and  preservation  of  kind  and  friendly 

4975  feelings  among  the  Creeks  and  Seminoles,  a  general  amnesty  of 

4976  all  past  offences  committed  within,  their  country,  either  west  or 

4977  east  of  the  Mississippi,  is  hereby  declared. 

4978  ARTICLE  23.  A  liberal  allowance  shall  be  made  to  each  of 

4979  the  delegations  signing  this  convention  5  including,  with  the 

4980  Seminole  delegation,  George  W.  Brinton,  the  interpreter,  as   a 

4981  compensation  for  their  travelling  and  other  expenses  in  coining 

4982  to  and  remaining  in  this  city  and  returning  home. 

4983  ARTICLE  24.  Should  the  Seminoles  iu  Florida  desire  to  have 

4984  a  portion  of  the  country  described  in  the  first  article  of  this 

4985  agreement  set  apart  for  their  residence,  it  is  agreed  that  the 
4988  Semiuoles  west  may  make  such  arrangement,  not  inconsistent 
49S7  with  this  instrument,  as  may  be  satisfactory  to  their  brethren 

4988  in  Florida. 

4989  ARTICLE  25.  The  Creek  laws  shall  be  in  force  and  continue 

4990  to  operate  in  the  country  herein  assigned  to  the  Seminoles,  until 

4991  the  latter  remove  thereto ;  when  they  shall  cease  and  be  of  no 

4992  effect. 

4993  ARTICLE  26.  This  convention  shall  supersede  and  take  the 

4994  place  of  all  former  treaties,  between  the  United  States  and  the 

4995  Creeks,  between  the  United  States  and  the  Florida  Indians  and 

4996  Seminoles,  and  between  the  Creeks  and  Seminoles,  inconsistent 

4997  herewith ;  and  shall  take  effect  and  be  obligatory  on  the  con- 

15  I  T 


114 

4998  tractiug  parties  from  the  date  hereof,  whenever  it  shall  be 

4999  ratified  by  the  Senate  and  President  of  the  United  States. 

5000  ARTICLE  27.  And  it  is  further  agreed  that  nothing  herein 

5001  contained  shall  be  so  construed  as  to  release  the  United  States 

5002  from  any  liability  other  than  those  in  favor  of  said  nations  or 

5003  individuals  thereof. 

5004  Proclaimed  August  28, 1856. 

5005  Treaty  between  the  United  States  of  America  and  the  Creek  Nation 

5006  of  Indians,  concluded  June  14, 1866 ;  ratification  advised,  with 

5007  amendments ,  JWf/,19,  1866  ;  amendments  accepted  July  23, 

5008  1866. 

5009  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

5010  to  all  and  singular  to  whom  these  presents  shall  come, 

5011  greeting : 

5012  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

5013  Washington,  in  the  District  of  Columbia,  on  the  fourteenth  day 

5014  of  June,  in  the  year  of  our  Lord  one  thousand  eight  hundred 

5015  and  sixty-six,  by  and  between  Dennis  N.  Cooley  and  Elijah  Sells, 

5016  commissioners,  on  the  part  of  the  United  States,  and  Ok-ta-has 

5017  Harjo,  Cow-mikko,  and  Cotch-cho-chee,  delegates  at  large  of  the 

5018  Creek  Nation  of  Indians,  and  D.  N.  Mclntosh  and  James  M.  C. 

5019  Smith,  special  delegates  of  the  Southern  Creeks,  on  the  part  of 

5020  said  Creek  Nation  of  Indians  and  Southern  Creeks,  all  of  which 

5021  delegates  at  large  and  special  delegates  were  duly  authorized 

5022  thereto  by  said  Creek  Nation  and  Southern  Creeks,  which  treaty 

5023  is  in  the  words  and  figures  following,  to  wit : 

5024  Treaty  of  cession  and  indemnity  concluded  at  the  city  of  Wash- 

5025  ington  on  the  fourteenth  day  of  June,  in  the  year  of  our 

5026  Lord  one  thousand  eight  hundred  and  sixty-six,  by  and  be- 

5027  tween  the  United  States,  represented  by  Dennis  N.  Cooley, 

5028  Commissioner  of  Indian  Affairs,  Elija  Sells,  superintendent 

5029  of  Indian  affairs  for  the   southern  superintendency,  and 

5030  Col.  Ely  S.  Parker,  special  commissioner,  and  the  Creek 

5031  Nation  of  Indians,  represented  by  Ok-tars  sars-harjo,  or 

5032  Sands,  Cow-e-to-me-co  and  Che-chu-chee,  delegates  at  large, 

5033  and  D.  N.  Mclntosh  and  James  Smith,  special  delegates  of 

5034  the  Southern  Creeks! 

5035  PREAMBLE. 

5036  Whereas  existing  treaties  between  the  United  States  and 

5037  the  Creek  Nation  have  become  insufficient  to  meet  their  mutual 

5038  necessities ;  and  whereas  the  Creeks  made  a  treaty  with  the  so- 

5039  called  Confederate  States,  on  the  tenth  of  July,  one  thousand 

5040  eight  hundred  and  sixty-one,  whereby  they  ignored  their  alle- 


115 

5041  giauce  to  the  United  States,  and  unsettled  the  treaty  relations 

5042  existing  between  the  Creeks  and  the  United  States,  and  did  so 

5043  render  themselves  liable  to  forfeit  to  the  United  States  all  bene- 

5044  fi:s  and  advantages  enjoyed  by  them  in  lands,  annuities,  pro- 

5045  tection,  and  immunities,  including  their  lands  and  other  prop- 
504G  erty  held  by  grant  or  gift  from  the  United  States ;  and 

5047  Whereas  in  view  of  said  liabilities  the  United  States  require 

5048  of  the  Creeks  a  portion  of  their  land  whereon  to  settle  other 

5049  Indians;  and  whereas  a  treaty  of  peace  and  amity  was  entered 

5050  into  between  the  United  States  and  the  Creeks  and  other  tribes 

5051  at  Fort  Smith,  September  tenth,  eighteen  hundred  and  sixty-five, 

5052  whereby  the  Creeks   revoked,   cancelled,  and  repudiated  the 

5053  aforesaid  treaty  made  with  the  so-called  Confederate  States;  and 

5054  Whereas  the  United  States,  through  its  commissioners,  in 

5055  said  treaty  of  peace  and  amity,  promised  to  enter  into  treaty 
505G  with  the  Creeks  to  arrange  and  settle  all  questions  relating  to 

5057  and  growing  out  of  said  treaty  with  the  so-called  Confederate 

5058  States : 

5059  Now,  therefore,  the  United  States,  by  its  commissioners,  and 
50GO  the  above-named  delegates  of  the  Creek  Nation,  the  day  and 
5001  year  above  mentioned,  mutually  stipulate  and  agree,  on  behalf 
50G2  of  the  respective  parties,  as  follows,  to  wit : 

50G3  ARTICLE  1.  There  shall  be  perpetual  peace  and  friendship 

50G4  between  the  parties  to  this  treaty,  and  the  Creeks  bind  them- 

50G5  selves  to  remain  firm  allies  and  friends  of  the  United  States, 

506G  and  never  to  take  up  arms  against  the  United  States,  but  always 

5067  faithfully  to  aid  in  putting  down  its  enemies.    They  also  agree 

50G8  to  remain  at  peace  with  all  other  Indian  tribes  ;  and,  in  return, 

50G9  the  United  States  guarantees  them  quiet  possession  of  their 

51)70  country,  and  protection  against  hostilities  on  the  part  of  other 

5071  tribes.    In  the  event  of  hostilities,  the  United  States  agree  that 

5072  the  tribe  commencing  and  prosecuting  the  same  shall,  as  far  as 

5073  may  be  practicable,  make  just  reparation  therefor.    To  insure 

5074  this  protection,  the  Creeks  agree  to  a  military  occupation  of 

5075  their  country,  at  any  time,  by  the  United  States,  and  the  United 
507G  States  agree  to  station  and  continue  in  said  country,  from  time 

5077  to  time,  at  its  own  expense,  such  force  as  may  be  necessary  for 

5078  that  purpose.    A  general  amnesty  of  all  past  oftenses  against 

5079  the  laws  of  the  United  States,  committed  by  any  member  of  the 

5080  Creek  Nation,  is  hereby  declared.    And  the  Creeks,  anxious  for 

5081  the  restoration  of  kind  and  friendly  feelings  among  themselves, 

5082  do  hereby  declare  an  amnesty  for  all  past  offenses  against  their 

5083  government,  and  no  Indian  or  Indians  shall  be  proscribed,  or 

5084  any  act  of  forfeiture  or  confiscation  passed  against  those  who 

5085  have  remained  friendly  to,  or  taken  up  "arms  against,  the  United 
508G  States,  bat  they  shall  enjoy  equal  privileges  with  other  members 


116 

5087  of  said  tribe ;  and  all  laws  heretofore  passed  inconsistent  here- 

5088  with  are  hereby  declared  inoperative. 

5089  ARTICLE  2.  The  Creeks  hereby  covenant  and  agree  that  henee- 

5090  forth  neither  slavery  nor  involuntary  servitude,  otherwise  than 
509L  in  the  punishment  of  crimes,  whereof  the  parties  have  been  duly 

5092  convicted  in  accordance  with  laws  applicable  to  all  members  of 

5093  said  tribe,  shall  ever  exist  in  said  nation  ;  and  inasmuch  as  there 

5094  are  among  the  Creeks  many  persons  of  African  descent,  who 

5095  have  no  interest  in  the  soil,  it  is  stipulated  that  hereafter  these 

5096  persons  lawfully  residing  in  said  Creek  country  under  their  laws 

5097  and  usages,  or  who  have  been  thus  residing  in  said  country,  and 

5098  may  return  within  one  year  from  the  ratification  of  this  treaty, 

5099  and  their  descendants  and  such  others  of  the  same  race  as  may 

5100  be  permitted  by  the  laws  of  the  said  nation  to  settle  within  the 

5101  limits  of  the  jurisdiction  of  the  Creek  Nation  as  citizens  [thereof,] 

5102  shall  have  and  enjoy  all  the  rights  and  privileges  of  native  citi- 

5103  zens,  including  an  equal  interest  in  the  soil  and  national  funds, 

5104  and  the  laws  of  the  said  nation  shall  be  equally  binding  upon  and 

5105  give  equal  protection  to  all  such  persons,  and  all  others,  of  what- 

5106  soever  race  or  color,  who  may  be  adopted  as  citizens  or  members 

5107  of  said  tribe. 

5108  ARTICLES.  In  compliance  with  the  desire  of  the  United 

5109  States  to  locate  other  Indians  andfreedmen  thereon,  the  Creeks 

5110  hereby  cede  and  convey  to  the  United  States,  to  be  sold  to  and 

5111  used  as  homes  for  such  other  civilized  Indians  as  the  United 

5112  Statestmay  choose  to  settle  thereon,  the  west  half  of  their  entire 

5113  domain,  to  be  divided  by  a  line  running  north  and  south  ;  the 

5114  eastern  half  of  said  Creek  lands,  being  retained  by  them,  shall,  ex- 

5115  cept  as  herein  otherwise  stipulated,  be  forever  set  apart  as  a  home 

5116  for  said  Creek  Nation  ;  and  in  consideration  of  said  cession  of  the 

5117  west  half  of  their  lands,  estimated  to  contain  three  millions  two 

5118  hundred  and  fifty  thousand  five  hundred  and  sixty  acres,  the 

5119  United  States  agree  to  pay  the  sum  of  thirty  (30)  cents  per  acre, 

5120  amounting  to  nine  hundred  and  seventy-five  thousand  oriehun- 

5121  dred  and  sixty-eight  dollars,  in  the  manner  hereinafter  provided, 

5122  to  wit :  two  hundred  thousand  dollars  shall  be  paid  per  capita 

5123  in  money,  unless  otherwise  directed  by  the  President  of  the 

5124  United  States,  upon  the  ratification  of  this  treaty,  to  enable  the 

5125  Creeks  to  occupy,  restore,  and  improve  their  farms,  and  to  make 

5126  their  nation  independent  and  self-sustaining,  and  to  pay  the 

5127  damages  sustained  by  the  mission   schools  on  the  North  Fork 

5128  and  the  Arkansas  Kivers,  not  to  exceed  two  thousand  dollars,  and 

5129  to  pay  the  delegates  such  per  diem  as  the  agent  and  Creek  council 

5130  may  agree  upon,  as  a  just  and  fair  compensation,  all  of  which  shall 

5131  be  distributed  for -that  purpose  by  the  agent,  with  the  ad  vice  of  the 

5132  Creek  council,  under  the  direction  of  the  Secretary  of  the  Inte- 


117 

5133  rior.    One  hundred  thousand  dollars  shall  be  paid  [in  money 

5134  and  divided]  to  soldiers  that  enlisted  in.  the  Federal  Army  and 

5135  the  loyal  refugee  Indians  and  freedmen  who  were  driven  from 
513G  their  homes  by  the  rebel  forces,  to  reimburse  them  in  proportion  to 

5137  their  respective  losses ;  four  hundred  thousand  dollars  be  paid  [in 

5138  money  and  divided]  per  capita  to  said  Creek  Nation,  unless  other- 

5139  wise  directed  by  the  President  of  the  United  States,  under  the 

5140  direction  of  the  Secretary  of  the  Interior,  as  the  same  may  accrue 

5141  from  the  sale  of  land  to  other  Indians.     The  United  States  agree 

5142  to  pay  to  said  Indians,  in  such  manner  and  for  such  purposes  as 

5143  the  Secretary  of  the  Interior  may  direct,  interest  at  the  rate  of 

5144  five  per  cent,  per  annum,  from  the  date  of  the  ratification  of  this 

5145  treaty,  on  the  amount  hereinbefore  agreed  upon  for  said  ceded 

5146  lands,  after  deducting  the  said  two  hundred  thousand  dollars. 

5147  the  residue,  two  hundred  and  seventy-five  thousand  one  hundred 

5148  and  sixty-eight  dollars,  shall  remain  in  the  Treasuiy  of  the 

5149  United  States,  and  the  interest  thereon,  at  the  rate  of  five  per 

5150  centum  per  annum,  be  annually  paid  to  said  Creeks  as  above 

5151  stipulated. 

5152  ARTICLE  4.  Immediately  after  the  ratification  of  this  treaty 

5153  the  United  States  agree  to  ascertain  the  amount  due  the  respect- 

5154  ive  soldiers  who  enlisted  in  the  Federal  Army,  loyal  refugee  In- 

5155  dians  and  freedmen,  in  proportion  to  their  several  losses,  arid  to* 

5156  pay  the  amount  awarded  each,  in  the  following  manner,  to  wit: 

5157  A  census  of  the  Creeks  shall  be  taken  by  the  agent  of  the  United 

5158  States  for  said  nation,  under  the  direction  of  the  Secretary  of 

5159  the  Interior,  and  a  roll  of  the  names  of  all  soldiers  that  enlisted 

5160  in  the  Federal  Army,  loyal  refugee  Indians,  and  freedmen,  be 

5161  made  by  him.     The  superintendent  of  Indian  affairs  for  the 

5162  Southern  superintendency  and  the  agent  of  the  United  States  for 

5163  the  Creek  Nation  shall  proceed  to  investigate  and  determine 

5164  from  said   roll  the   amounts  due  the   respective  refugee  !>!- 

5165  dians,  and  shall  transmit  to  the  Commissioner  of  Indian  Affairs 

5166  for  his  approval,  and  that  of  the  Secretary  of  the  Interior,  their 

5167  awards,  together  with  the  reasons  therefor.    Incase  the  awards 

5168  so  made  shall  be  duly  approved,  said  awards  shall  be  paid  from 

5169  the  proceeds  of  the  sale  of  said  lauds  within  one  year  from  the 

5170  ratification  of  this  treaty,  or  so  soon  as  said  amount  of  one  hun- 

5171  dred  thousand  ($100,000)  dollars  can  be  raised  from  the  sale  of 

5172  said  land  to  other  Indians. 

5173  ARTICLE  5.  The  Creek  Nation  hereby  grant  a  right  of  way 

5174  through  their  lands,  to  the  Choctaw  and  Chickasaw  country, 

5175  to  any  company  which  shall  be  duly  authorized  by  Congress, 

5176  and  shall,  with  the  express  consent  and  approbation  of  the  Sec- 

5177  retary  of  the  Interior,  undertake  to  construct  a  railroad  from 

5178  any  point  north  of  to  any  point  in  or  south  of  the  Creek  coun- 


118 

5179  try,  and  likewise  from  any  point  on  their  eastern  to  their  west- 

5180  ern  or  southern  boundary,  but  said  railroad  company,  together 

5181  with  all  its  agents  and  employes,  shall  be  subject  to  the  laws  of  the 

5182  Unfted   States  relating  to  intercourse  with  Indian  tribes,  and 

5183  also  to  such  rules  and  regulations  as  may  be  prescribed  by  the 

5184  Secretary  of  the  Interior  for  that  purpose,  and  the  Creeks  agree 

5185  to  sell  to  the  United  States,  or  any  company  duly  authorized  as 

5186  aforesaid,  such  lands  not  legally  owned  or  occupied  by  a  mem- 

5187  ber  or  members  of  the  Creek  Nation,  lying  along  the  line  of  said 

5188  contemplated  railroad,  not  exceeding  on  each  side  thereof  a  belt 

5189  or  strip  of  land  three  miles  in  width,  at  such  price  per  acre  as 

5190  may  be  eventually  agreed  upon  between  said  Creek  Nation  and 

5191  the  party  or  parties  building  said  road,  subject  to  the  approval 

5192  of  the  President  of  the  United  States:  Provided,  however,  That 

5193  said  land  thus  sold  shall  not  be  reconveyed,  leased,  or  rented  to, 

5194  or  be  occupied  by  any  one  not  a  citizen  of  the  Creek  Nation,  ac- 

5195  cording  to  its  laws  and  recognized  'usages:  Provided,  also,  That 

5196  officers,  servants,  and  employes  of  said  railroad  necessary  to  its 

5197  construction  and  management,  shall  not  be  excluded  from  such 

5198  necessary  occupancy,  they  being  subject  to  the  provisions  of  the 

5199  Indian  intercourse  law  and   such  rules  and  regulations  as  may 

5200  be  established  by  the   Secretary  of  the  Interior,  nor  shall  any 

5201  conveyance  of  any  of  said  lands  be  made  to  the  party  building 

5202  and  managing  said  road  until  its  completion  as  a  first-class  rail- 

5203  road,  and  its  acceptance  as  such  by  the  Secretary  of  the  Inte- 

5204  rior. 

5205  ARTICLE  6.  [Stricken  out  by  agreement.] 

5206  ARTICLE  7.  The  Creeks  hereby  agree  that  the  Seminole 

5207  tribe  of  Indians  may  sell  and  convey  to  the  United  States  all  or 

5208  any  portion  of  the  Seminole  lands,   upon  such  terms  as  may 

5209  be  mutually  agreed  upon  by  and  between  the  Seminoles  and  the 

5210  United  States. 

5211  ARTICLE  8.  It  is  agreed  that  the  Secretary  of  the  Interior 

5212  forthwith  cause  the  line  dividing  the  Creek  country,  as  provided 

5213  for  by  the  terms  of  the  sale  of  Creek  lands  to  the  United  States 

5214  in  article  third  of  this  treaty,  to  be  accurately   surveyed  under 

5215  the  direction  of  the  Commissioner  of  Indian  Affairs,  the  expenses 

5216  of  which  survey  shall  be  paid  by  the  United  States. 

5217  ARTICLE  9.  Inasmuch  as  the  agency  buildings  of  the  Creek 

5218  tribe  have  been   destroyed  during  the  late  war,  it  is  further 

5219  agreed  that  the  United  States  shall,  at  their  own  expense,  not  ex- 

5220  ceeding  ten  thousand  dollars,  cause  to  be  erected  suitable  agency 

5221  buildings,   the  sites   whereof  shall  be  selected   by  the  agent 

5222  of  said  tribe,  in  the  reduced  Creek  reservation,  under  the  direc- 

5223  tion  of  the  superintendent  of  Indian  affairs. 

5224  In  consideration  whereof,  the  Creeks  hereby  cede  and  re- 


119 

5225  linquish  to  the  United  States  one  section  ol  their  lands,  to  be 

5226  designated  and  selected  by  their  agent,  under  the  direction  of 

5227  the  superintendent  of  Indian  affairs,  upon  which  said  agency 

5228  buildings  shall  be  erected,  -which  section  of  land  shall  revert  to 

5229  the  Creek  nation  when  said  agency  buildings  are  DO  longer  used 

5230  by  the  United  States,  upon  said  nation  paying  a  fair  and  reason - 

5231  able  value  for  said  buildings  at  the  time  vacated. 

5232  ARTICLE  10.  The  Creeks  agree  to  such  legislation  as  Con- 

5233  gress  and  the  President  of  the  United  States  may  deem  neces 

5234  sary  for  the  better  administration  of  justice  and  the  protec- 

5235  tion  of  the  rights  of  person  and  property  within  the  Indian  ter- 

5236  ritory  :  Provided,  lioicever,  [That]  said  legislation  shall  not  in  any 

5237  manner  interfere  with  or  annul  their  present  tribal  organizations, 

5238  rights,  laws,  privileges,  and  customs.    The  Creeks  also  agree  that 

5239  a  general  council,  consisting  of  delegates  elected  by  each  nation 

5240  or  tribe  lawfully  resident  within  the  Indian  territory,  may  be 

5241  annually  convened  in  said  territory,  which  council  shall  be  or 

5242  gauized  in  such  manner  and  possess  such  powers  as  are  herc- 

5243  in  after  described. 

5244  First.    After  the  ratification  of  this  treaty,  and   as  soon 

5245  as  may  be  deemed  practicable  by   the   Secretary  of  the  In- 

5246  terior,  and  prior  to  the  first  session  of  said  council,  a  census,  or 

5247  enumeration  of  each  tribe  lawfully  resident  in  said  territory, 

5248  shall  be  taken  under  the  direction  of  the  superintendent  of  Indian 

5249  affairs,  who  for  that  purpose  is  hereby  authorized  to  designate 

5250  and  appoint  competent  persons,  whose  compensation  shall  be 

5251  fixed  by  the  Secretary  of  the  Interior,  and  paid  by  the  United 

5252  States. 

5253  Second.  The  first  general  council  shall  consist  of  one  mem- 

5254  ber  from  each  tribe,  and  an  additional  member  for  each  one 

5255  thousand  Indians,  or  each  fraction  of  a  thousand  greater  than 

5256  five  hundred,  being  members  of  any  tribe  lawfully  resident  in 

5257  said  territory,  and  shall  be  selected  by  said  tribes  respectively, 

5258  who  may  assent  to  the  establishment  of  said  general  council, 

5259  and  if  none  should  be  thus  formerly  selected  by  any  nation  or 

5260  tribe,  the  said  nation  or  tribe  shall  be  represented  in  said  gen- 

5261  eral  council  by  the  chief  or  chiefs  and  head  men  of  said  tribe, 

5262  to  be  taken  in  the  order  of  their  rank  as  recognized  iu  tribal 

5263  usage,  in  the  same  number  and  proportion  as  above  indicated. 

5264  After  the,said  census  shall  have  been  taken  and  completed,  the 

5265  superintendent  of  Indian  affairs  shall  publish  and  declare  to 

5266  each  tribe  the  number  of  members  of  said  council  to  which  they 

5267  shall  be  entitled  under  the  provisions  of  this  article,  and  the 

5268  persons  entitled  to  so  represent  said  tribes  shall  meet  at  such 

5269  time  and  place  as  he  shall  appoint,  but  thereafter  the  time  and 

5270  place  of  the  sessions  of  said  council  shall  be  determined  by  its 


120 

5271  action :    Provided,  That  no  session  in  any  one  year  shall  exceed 

5272  the  term  of  thirty  days,  and  provided  that  special  sessions  of 

5273  said  council  may  be  called  whenever,  in  the  judgment  of  the 

5274  Secretary  of  the  Interior,  the  interest  of  said  tribe  shall  require. 

5275  Third.  Said  general  council  shall  have  power  to  legislate 

5276  upon  all  rightful  subjects  and  matters  pertaining  to  the  inter- 

5277  course  and  relations  of  the  Indian  tribes  and  nations  resident  in 

5278  said  territory,  the  arrest    and  extradition  of  criminals  and 

5279  offenders  escaping  from  one  tribe  to  another,  the  administration 

5280  of  justice  between  members  of  the  several  tribes  of  said  terri- 

5281  tory,  and  persons  other  than  Indians  and  members  of  said  tribes 

5282  or  nations,  the  construction  of  works  of  internal  improvement, 

5283  and  the  common  defence  and  safety  of  the  nations  of  s  dd  ter- 

5284  ritory.    All  laws  enacted  by  said  general  council  shall  take  ef- 

5285  feet  at  such  time  as  may  therein  be  provided,  unless  suspended 

5286  by  direction  of  the  Secretary  of  the  Interior  or  the  President  of 

5287  the  United  States.    No  law  shall  be  enacted  inconsistent  with 

5288  the  Constitution  of  the  United  States,  or  the  laws  of  Congress, 

5289  or  existing  treaty  stipulations  with  the  United  States,  nor  shall 

5290  said  council  legislate  upon  matters  pertaining  to  the  organiza- 

5291  tlou,  laws,  or  customs  of  the  several  tribes,  except  as  herein 

5292  provided  for. 

5293  Fourth.  Said  council  shall  be  presided  over  by  the  superiu- 

5294  tendent  of  Indian  affairs,  or,  in  case  of  his  absence  from  any 

5295  cause,  the  duties  of  said  superintendent  enumerated  in  this  arti- 

5296  cle  shall  be  performed  by  such  person  as  the  Secretary  of  the 

5297  Interior  may  direct. 

5298  Fifth.  The  Secretary  of  the  Interior  shall  appoint  a  secre- 

5299  tary  of  said  council,  whose  duty  it  shall  be  to  keep  an  accurate 

5300  record  of  all  the  proceedings  of  said  council,  and  who  shall 

5301  transmit  a  true  copy  of  all  such  proceedings,  duly  certified  by 

5302  the  superintendent  of  Indian  affairs,  to  the  Secretary  of  the  In- 

5303  terior  immediately  after  the  sessions  of  said  council  shall  termi- 

5304  nate.    He  shall  be  paid  out  of  the  Treasury  of  the  United  States 

5305  an  annual^/  salary  of  five  hundred  dollars. 

5306  Sixth.  The  members  of  said  council  shall  be  paid  by  the 

5307  United  States  the  sum  of  four  dollars  per  diem  during  the  time 

5308  actually  in  attendance  on  the  sessions  of  said  council,  and  at  the 
5309-  rate  of  four  dollars  for  every  twenty  miles  necessar[il]y  traveled 

5310  by  them  in  going  to  and  returning  to  their  homes  respectively, 

5311  from  said  council,  to  be  certified  by  the  secretary  of  said  council 

5312  and  the  superintendent  of  Indian  affairs. 

5313  Seventh.  The  Creeks  also  agree  that  a  court  or  courts  may 

5314  be  established  in  said  territory,  with  such  jurisdiction  and  organ- 

5315  ized  in  such  manner  as  Congress  may  by  law  provide. 

5316  AUTICLE  11.  The  stipulations  of  this  treaty  are  to  be  a  full 


121 

5317  settlement  of  all  claims  of  said  Creek  Nation  for  damages  and 

5318  losses  of  every  kind  growing  out  of  the  late  rebellion  and  all 

5319  expenditures  by  the  United  States  of  annuities  in  clothing  and 

5320  feeding  refugee  and  destitute  Indians  since  the  diversion  of  an- 

5321  nuities  for  that  purpose  consequent  upon  the  late  war  with  the 

5322  so-called  Confederate  States ;  and  the  Creeks  hereby  ratify  and 

5323  confirm  all  such  diversions  of  annuities  heretofore  made  from 

5324  the  funds  of  the  Creek  Nation  by  the  United  States,  and  the 

5325  United  States  agree  that  no  annuities  shall  be  diverted  from 

5326  the  objects  for  which  they  were  originally  devoted  by  treaty 

5327  stipulations  with  the  Creeks,  to  the  use  of  refugee  and  desti- 

5328  tute  Indians  other  than  the  Creeks  or  members  of  the  Creek 

5329  Nation  after  the  close  of  the  present  fiscal  year,  June  thirtieth, 

5330  eighteen  hundred  and  sixty-six. 

5331  ARTICLE  12.  The  United  States  re-affirms  and  re-assumes  all 

5332  obligations  of  treaty  stipulations  with  the  Creek  Nation  entered 

5333  into  before  the  treaty  of  said  Creek  Nation  with  the  so-called 

5334  Confederate  States,  July  tenth,  eighteen  hundred  and  sixty-one, 

5335  not  inconsistent  herewith ;  and  further  agrees  to  renew  all  pay- 
5330  inents  accruing  by  force  of  said  treaty  stipulations  from  and 

5337  after  the  close  of  the  present  fiscal  year,  June  thirtieth,  eighteen 

5338  hundred  and  sixty-six,  except  as  is  provided  in  article  eleventh. 

5339  ARTICLE  13.  A  quantity  of  land  not  exceeding  one  hun- 

5340  dred  and  sixty  acres,  to  be  selected  according  to  legal  subdi- 

5341  visions,  in  one  body,  and  to  include  their  improvements,  is 

5342  hereby  granted  to  every  religious  society  or  denomination  which 

5343  lias  erected,  or  which,  with  the  consent  of  the  Indians,  may 

5344  hereafter  erect,  buildings  within  the  Creek  country  for  rnission- 

5345  ary  or  educational  purposes;  but  no  land  thus  granted,  nor  the 

5346  buildings  which  have  been  or  may  be  erected  thereon,  shall  ever 

5347  be  sold  or  otherwise  disposed  of,  except  with  the  consent  and 

5348  approval  of  the  Secretary  of  the  Interior  •  and  whenever  any 

5349  such  lands  or  buildings  shall  be  so  sold  or  disposed  of,  the  pro- 

5350  ceeds  thereof  sliall  be  applied,  under  the  direction  of  the  Secre- 

5351  tary  of  the  Interior,  to  the  support  and  maintenance  of  other 

5352  similar  establishments  for  the  benefit  of  the  Creeks  and  such 

5353  other  persons  as  may  be  or  may  hereafter  become  members  of  the 

5354  tribe  according  to  its  laws,  customs,  and  usages ;  and  if  at  any 

5355  time  said  improvements  shall  be  abandoned  for  one  year  for 

5356  missionary  or  educational  purposes,  all  the  rights  herein  granted 

5357  for  missionary  and  educational  purposes  shall  revert  to  the  said 

5358  Creek  Nation. 

5359  ARTICLE  14.  It  is  further  agreed  that  all  treaties  hereto- 

5360  fore  entered  into  between  the  United  States  and  the  Creek 

5361  Nation  which,  are  inconsistent  with  any  of  the  articles  or  pro- 

5362  visions  of  this  treaty  shall  be,  and  are  hereby,  rescinded  and 

16  I  T 


122 

5363  annulled  ;  and  it  is  further  agreed  that  ten  thousand  dollars 

5364  shall  be  paid  by  the  United  States,  or  so  much  thereof  as  may 

5365  be  necessary,  to  pay  the  expenses  incurred  in  negotiating  the 

5366  foregoing  treaty. 

5367  Proclaimed  August  11,  1866. 


5368  CHEYEKNES  AND  ARRAPAHOES. 

5369  Treaty  between  the  United  States  of  America  and  the  Cheyenne  and 

5370  Arrapahoe   tribes  of  Indians,  concluded    October  14,    1865; 

5371  ratification  advised,  icith  amendments,  May  22,  1866 ;  amend- 

5372  merits  accepted  November  W  and  19,  1866. 

5373  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

5374  to  all  and  singular  to  whom  these  presents  shall  come,  greet 

5375  ing: 

5376  Whereas  a  treaty  was  made  and  concluded  at  the  camp  on 

5377  the  Little  Arkansas  River,  in  the  State  of  Kansas,  on  the  four- 

5378  teenth  day  of  October,  in  the  year  of  our  Lord  one  thousand 

5379  eight  hundred  and  sixty-five,  by  and  between  John  B.  Sanborn, 

5380  William  S.  Harney,  Thomas  Murphy,  Kit  Carson,  William  W. 

5381  Bent,  Jesse  H.  Leavenworth,  and  James  Steele,  commissioners 

5382  on  the  part  of  the  United  States,  and  Moke-ta-ve-to,  (Black 

5383  Kettle,)  Oh-to-ah-ne-so-to-wheo,  (Seven  Bulls,)  Oh-has-tee,  (Lit- 

5384  tie  Raven,)  Oh-hah-mah-hah,  (Storm,)  and  other  chiefs  and  head- 

5385  men  of  the  Cheyenne  and  Arrapahoe  tribes  of  Indians,  on  the 

5386  part  of  said  Indians,  and  duly  authorized  thereto  by  them,  which 

5387  treaty  is  in  the  words  and  figures  following,  to  wit : 

5388  Articles  of  a  treaty  made  and  concluded  at  the  camp  on  the  Little 

5389  Arkansas  River,  in  the  State  of  Kansas,  on  the  fourteenth  day 

5390  of  October,  in  the  year  of  our  Lord  one  thousand  eight 

5391  hundred  and  sixty-five,  by  and  between  John  B.  Sanborn, 

5392  William  S.  Harney,  Thomas  Murphy,  Kit  Carson,  William 

5393  W.  Bent,  Jesse  H.  Leavenworth,  and  James  Steele,  commis- 

5394  sioners  on  the  part  of  the  United  States,  and  the  under- 

5395  signed,  chiefs  and  head-men  of  and  representing  the  con- 

5396  federate  tribes  of  Arrapahoe  and  Cheyenne  Indians  of  the 

5397  Upper  Arkansas  River,  they  being  duly  authorized  by  their 

5398  respective  tribes  to  act  in  the  premises. 

5399  ARTICLE  1.  It  is  agreed  by  the  parties  to  this  treaty  that 

5400  hereafter  perpetual  peace  shall  be  maintained  between  the  people 

5401  and  Government  of  the  United  States  and  the  Indians  parties 

5402  hereto,  and  that  the  Indians  parties  hereto,  shall  forever  remain 

5403  at  peace  with  each  other,  and  with  all  other  Indians  who  sus- 


123 

5404  tain  friendly  relations  with   the   Government  of  the  United 

5405  States.    For  the  purpose  of  enforcing  the  provisions  of  this 
540G  article  it  is  agreed  that  in  case  hostile  acts  or  depredations  are 

5407  committed  by  the  people  of  the  United  States,  or  by  Indians  on 

5408  friendly  terms  with  the  United  States,  against  the  tribe  or  tribes, 
5400  or  the  individual  members  of  the  tribe  or  tribes,  who  are  parties 

5410  to  this  treaty,  such  hostile  acts  or  depredations  shall  not  be  re- 

5411  dressed  by  a  resort  to  arms,  but  the  party  or  parties  aggrieved 

5412  shall  submit  their  complaints,  through  their  agent,  to  the  Presi- 

5413  dent  of  the  United  States,  and  thereupon  an  impartial  arbitra- 

5414  tion  shall  be  had,  under  his  direction,  and  the  award  thus  made 

5415  shall  be  binding  on  all  parties  interested,  and  the  Government 

5416  of  the  United  States  will  in  good  faith  enforce  the  same.    And 

5417  the  Indians,  parties  hereto,  on  their  part,  agree,  in  case  crimes 

5418  or  other  violations  of  law  shall  be  committed  by  any  person  or 

5419  persons,  members  of  their  tribe,  such  person  or  persons  shall, 

5420  upon  complaint  being  made,  in  writing,  to  their  agent,  superinteu- 

5421  dent  of  Indian  affairs,  or  to  other  proper  authority,  by  the  party 

5422  injured,  and  verified  by  affidavit,  be  delivered  to  the  person  duly 

5423  authorized  to  take  such  person  or  persons  into  custody,  to  the 

5424  end  that  such  person  or  persons  may  be  punished  according  to 

5425  the  laws  of  the  United  States. 

5426  ARTICLE  2.    The  United  States  hereby  agree  that  the  dis- 

5427  trict  of  country  embraced  within  the  following  limits,  or  such 

5428  portion  of  the  same  as  may  hereafter  be  designated  by  the  Presi- 
5420  dent  of  the  United  States  for  that  purpose,  viz  :  commencing  at 

5430  the  mouth  of  the  Red  Creek  or  Eed  Fork  of  the  Arkansas  River  5 

5431  thence  up  said  creek  or  fork  to  its  source ;  thence  westwardly  to  a 

5432  point  on  the  Cimarone  River  opposite  the  mouth  of  Buffalo  Creek  j 

5433  thence  due  north  to  the  Arkansas  River ;  thence  down  the  same 

5434  to  the  beginning,  shall  be,  and  is  hereby,  set  apart  for  the  abso- 

5435  lute  and  undisturbed  use  and  occupation  of  the  tribes  who  are 

5436  parties  to  this  treaty,  and  of  such  other  friendly  tribes  as  they 

5437  may  from  time  to  time  agree  to  admit  among  them,  and  that  no 

5438  white  person,  except  officers,  agents,  and  employees  of  the  Gov- 
5430  eminent,  shall  go  upon  or  settle  within  the  country  embraced 

5440  within  said  limits,  unless  formally  admitted  and  incorporated 

5441  into  some  one  of  the  tribes  lawfully  residing  there,  according  to 

5442  its  laws  and  usages  :  Provided,  however.  That  said  Indians  shall 

5443  not  be  required  to  settle  upon  said  reservation  until  such  time 

5444  as  the  United  States  shall  have  extinguished  all  claims  of  title 

5445  thereto  on  the  part  of  other  Indians,  so  that  the  Indians  parties 

5446  hereto  may  live  thereon  at  peace  with  all  other  tribes  :  "  Provided, 

5447  however,  That  as  soon  as  practicable,  with  the  assent  of  said 

5448  tribe,  the  President  of  the  United  States  shall  designate  for  said 

5449  tribes  a  reservation,  no  part  of  which  shall  be  within  the  State 


124 

5450  of  Kansas,  and  cause  them  as  soon  as  practicable  to  remove  to 

5451  and  settle  thereon,  but  no  such  reservation  shall  be  designated 

5452  upon  any  reserve  belonging  to  any  other  Indian  tribe  or  tribes 

5453  without  their  consent." 

5454  The  Indians  parties  hereto,  on  their  part,  expressly  agree  to 

5455  remove  to  and  accept  as  their  permanent  home  the  country  em- 

5456  braced  within  said  limits  whenever  directed  so  to  do  by  the 

5457  President  of  the  United  States,  in  accordance  with  the  provis- 

5458  ions  of  this  treaty,  and  that  they  will  not  go  from  said  country 
5450  for  hunting  or  other  purposes  without  the  consent  in  writing  of 

5460  their  agent  or  other  authorized  person,  such  written  consent  in 

5461  all  cases  specifying  the  purpose  for  which  such  leave  is  granted, 

5462  and  shall  be  borne  with  them  upon  their  excursions  as  evidence 

5463  that  they  are  rightfully  away  from  their  reservation,  and  shall 

5464  be  respected  by  all  officers,  employees,  and  citizens  of  the  United 

5465  States  as  their  sufficient  safeguard  and  protection  against  injury 

5466  or  damage  in  person  or  property  by  any  and  all  persons  whoni- 

5467  soever. 

5468  It  is  further  agreed  by  the  Indians  parties  hereto  that  when 
5460  absent  from  their  reservation  they  will  refrain  from  the  commis- 

5470  sion  of  any  depredations  or  injuries  to  the  person  or  property  of 

5471  all  persons  sustaining  friendly  relations  with  the  Government  of 

5472  the  United  States  ;  that  they  will  not,  while  so  absent,  encamp 

5473  by  day  or  night  within  ten  miles  of  any  of  the  main  traveled 

5474  routes  or  roads  through  the  country  to  which  they  go,  or  of  the 

5475  military  posts,  towns,  or  villages  therein,  without  the  consent  of 

5476  the  commanders  of  such  military  posts,  or  of  the  civil  authorities  of 

5477  such  towns  or  villages;  and  that  henceforth  they  will,  and  do 

5478  hereby,  relinquish  all  claims  or  rights  in  and  to  any  portion  of 
5470  the  United  States  or  Territories,  except  such  as  is  embraced 

5480  within  the  limits  aforesaid,  and  more  especially  their  claims  and 

5481  rights  in  and  to  the  country  bounded  as  follows,  viz :  beginning 

5482  at  the  junction  of  the  north  and  south  forks  of  the  Platte  River  ; 

5483  thence  up  the  north  fork  to  the  top  of  the  principal  range  of  the 

5484  Rocky  Mountains,  or  to  the  Red  Buttes:   thence  southwardly 

5485  along  the  summit  of  the  Rocky  Mountains  to  the  headwaters  of 

5486  the  Arkansas  River;  thence  down  the  Arkansas  River  to  the 

5487  Cimarone  crossing  of  the  same ;   thence  to  the  place  of  begin- 

5488  niug;  which  country  they  claim  to  have  originally  owned,  and 
5480  never  to  have  relinquished  the  title  thereto. 

5400  ARTICLE  3.   It  is  further  agreed  that  until  the  Indians 

5401  parties  hereto  have  removed  to  the  reservation  provided  for  by 

5402  the  preceding  article  in  pursuance  of  the  stipulations  thereof, 

5403  said  Indians  shall  be,  and  they  are  hereby,  expressly  permitted 

5404  to  reside  upon  and  range  at  pleasure  throughout  the  unsettled 

5405  portions  of  that  part  of  the  country  they  claim  as  originally 


125 

5496  theirs,  which  lies  between  the  Arkansas  and  Platte  liivers  ;  and 

5497  that  they  shall  and  will  not  go  elsewhere,  except  upon  the  terras 

5498  and  conditions,  prescribed  by  the  preceding  article  in  relation  to 

5499  leaving  the  reservation  thereby  provided  for:  Provided,  That 

5500  the  provisions  of  the  preceding  article  in  regard  to  encamping 

5501  within  ten  miles  of  main  travelled  routes,  military  posts,  towns, 

5502  and  villages,  shall  be  in  full  force  as  to  the  occupancy  of  the 

5503  country  named  and  permitted  by  the  terms  of  this  article  :  Pro- 
5o04  vided  further,  That  they,  the  said  Indians,  shall  and  will  at  all 
5505  times  during  such  occupancy,  without  delay,  report  to  the  com- 
550G  mancler  of  the  nearest  military  post,  the  presence  in  or  approach 

5507  to  said  country  of  any  hostile  bands  of  Indians  whatsoever. 

5508  ARTICLE  4.  It  is  further  agreed  by  the  parties  hereto  that 

5509  the  United  States  may  lay  off  and  build  through  the  reservation , 

5510  provided  for  by  Article  2  of  this  treaty,  such  roads  or  highways 

5511  as  may  be  deemed  necessary ;  and  may  also  establish  such  mili- 

5512  tary  posts  within  the  same  as  may  be  found  necessary  in  order 

5513  to  preserve  peace  among  the  Indians,  and  in  order  to  enforce 

5514  such  laws,  rules,  and  regulations  as  are  now,  or  may  from  time 

5515  to  time  be,  prescribed  by  the  President  and  Congress  of  the 

5516  United  States  for  the  protection  of  the  rights  of  persons  and 

5517  property  among  the  Indians  residing  upon  said  reservation  j  an  d 

5518  further,  that  in  time  of  war  such  other  military  posts  as  may  be 

5519  considered  essential  to  the  general  interests  of  the  United  States 

5520  may  be  established :  Provided,  however.  That  upon  the  building 

5521  of  such  roads,   or  establishment  of  such  military  posts,  the 

5522  amount  of  injury  sustained  by  reason  thereof,  by  the  Indians 

5523  inhabiting  said  reservation,  shall  be  ascertained  under  direction 

5524  of  the  President  of  the  United  States,  and  thereupon  such  coin- 

5525  pensation  shall  be  made  to  said  Indians  as  in  the  judgment  of 

5526  the  Congress  of  the  United  States  may  be  deemed  just  and  proper. 

5527  ARTICLE  5.  At  the  special  request  of  the  Cheyenne  and 

5528  Arrapahoe  Indians,  parties  to  this  treaty,  the  United   States 

5529  agree  to  grant,  by  patent  in  fee-simple,  to  the  following-named 

5530  persons,  all  of  whom  are  related  to  the  Cheyennes  or  Arrapahoes 

5531  by  blood,  to  each  an  amount  of  land  equal  to  one  section  of  six 

5532  hundred  and  forty  acres,  viz :  To  Mrs.  Margaret  Wilmarth  and 

5533  her  children,  Virginia  Fitzpatrick,  and  Andrew  Jackson  Fitzpat- 

5534  rick ;  to  Mrs.  Mary  Keith  and  her  children,  William  Keith,  Mary 

5535  J.  Keith,  and  Francis  Keith ;  to  Mrs.  Matilda  Pepperdiu  and 

5536  her  child,  Miss  Margaret  Pepperdin  ;  to  Eobert  Poisal  and  John 

5537  Poisal ;  to  Edmund  Guerrier,  Eosa  Guerrier,  and  Julia  Guerrier ; 

5538  to  William  W.  Bent's  daughter,  Mary  Bent  Moore,  and  her  three 

5539  children,  Adia  Moore,  William  Bent  Moore,  and  George  Moore; 

5540  to  William  W.  Bent's  children,  George  Bent,  Charles  Bent,  and 

5541  Julia  Bent ;  to   A-ma-che,  the  wife  of  John  Prowers,  and  her 


126 

5542  children,  Mary  Prowers  and  Susan  Prowers  5  to  tlie  children  of 

5543  Ote-se-ot-see,  wife  of  John  Y.  Sickles,  viz :  Margaret,  Minnie, 

5544  and  John;  to  the  children  of  John  S.  Smith,  interpreter,  Wil- 

5545  liam  Gilpin   Smith,   and  daughter   Arinama;  to  Jenny  Lind 
554G  Crocker,  daughter  of  Ne-sou-hoe,  or  Are-you  there,  wife  of  Lieu- 

5547  tenant  Crocker ;  to  -     -  Winsor,  daughter  of  Tow-e-nah,  wife 

5548  of  A.  T.  Winsor,  sutler,  formerly  at  Fort  Lyon.     Said  lands  to 
5540  be  selected  under  the  direction  of  the  Secretary  of  the  Interior, 

5550  from  the  reservation  established  by  the  1st  article  of  their  treaty 

5551  of  February  18,  A.  D.  1861:     "Provided,  That  said   locations 

5552  shall  not  be  made  upon  any  lauds  heretofore  grarited  by  the 

5553  United  States  to  any  person,  State,  or  corporation,  for  any  pur 

5554  pose." 

5555  ARTICLE  6.  The  United  States  being  desirous  to  express  its 

5556  condemnation  of,  and,  as  far  as  may  be,  repudiate  the  gross  and 

5557  wanton  outrages  perpetrated  against  certain  bauds  of  Cheyenne 

5558  and  Arrapahoe  Indians,  on  the  twenty -ninth  day  of  November, 
5550  A.  D.  1864,  at  Sand  Creek,  in  Colorado  Territory,  while  the  said 

5560  Indians  were  at  peace  with  the  United  States,  and  under  its  flag, 

5561  whose  protection  they  had  by  lawful  authority  been   promised 

5562  and  induced  to  seek,  and  the  Government  being  desirous  to 

5563  make  some  suitable  reparation  for  the  injuries  then  done,  will 

5564  grant  three  hundred  and  twenty  acres  of  laud  by  patent  to  each 

5565  of  the  following-named  chiefs  of  said  bands,  viz  :  Moke-ta-ve-to, 

5566  or  Black  Kettle  ;  Oh-tah-ha-ne-so-weel,  or  Seven  Bulls  5  Alik-ke- 

5567  home-ma,  or  Little  Eobe  ;   Moke-tah-vo-ve-hoe,  or  Black  White 

5568  Man  ;  and  will  in  like  manner  grant  to  each  other  person  of  said 
5560  bands  made  a  widow,  or  who  lost  a  parent  upon  that  occasion, 

5570  one  hundred  and  sixty  acres  of  land,  the  names  of  such  persons 

5571  to  be  ascertained  under  the  direction  of  the  Secretary  of  the 

5572  Interior:  Provided,  That  said  grants  shall  be  conditioned  that 

5573  all  devises,  grants,  alienations,  leases,  and  contracts  relative  to 

5574  said  lands,  made  or  entered  into  during  the  period  of  fifty  years 

5575  from  the  date  of  such  patents,  shall  be  unlawful  and  void.    Said 

5576  lands  shall  be  selected  under  the  direction  of  the  Secretary  of 

5577  the  Interior  within  the  limits  of  country  hereby  set  apart  as  a 

5578  reservation  for  the  Indians  parties  to  this  treaty,  and  shall  be 
5570  free  from   assessment   and   taxation   so  long  as  they  remain 

5580  inalienable.    The  United  States  will  also  pay  in  United  States 

5581  securities,  animals,  goods,  provisions,  or  such  other  useful  articles 

5582  as  may,  in  the  discretion  of  the  Secretary  of  the  Interior,  be 

5583  deemed  best  adapted  to  the  respective  wants  and  conditions  of 

5584  the  persons  named  in  .the  schedule  hereto  annexed,  they  being 

5585  present  and  members  of  the  bands  who  suffered  at  Sand  Creek, 

5586  upon  the  occasion  aforesaid,  the  sums  set  opposite  their  names, 

5587  respectively,  as  a  compensation  for  property  belonging  to  them, 


127 

5588  and  then  and  there  destroyed  or  taken  from  them  by  the  United 

5589  States  troops  aforesaid. 

5590  ARTICLE  7.  The  United  States  agree  that  they  will  expend 

5591  annually  during  the  period  of  forty  years,  from  and  after  the 

5592  ratification  of  this  treaty,  for  the  benefit  of  the  Indians  who  are 

5593  parties  hereto,  and  of  such  others  as  may  unite  with  them  in 

5594  pursuance  of  the  terms  hereof,  in  such  manner  and  for  such  pur- 

5595  poses  as,  in  the  judgment  of  the  Secretary  of  the  Interior,  for 

5596  the  time  being,  will  best  subserve  their  wants  and  interests  as  a 

5597  people,  the  following  amounts,  that  is  to  say,  until  such  time  as 

5598  said  Indians  shall  be  removed  to  their  reservation,  as  provided 

5599  for  by  Article  2  of  this  treaty,  an  amount  which  shall  be  equal 
5000  to  twenty  dollars  per  capita  for  each  person  entitled  to  partici- 

5601  pate  in  the  beneficial  provisions  of  this  treaty,  and  from  and 

5602  after  the  time  when  such  removal  shall  have  been  accomplished, 

5603  an  amount  which  shall  be  equal  to  forty  dollars  per  capita  for 

5604  each  person  entitled  as  aforesaid.     Such  proportion  of  the  ex- 

5605  penditure  provided  for  by  this  article  as  may  be  considered 

5606  expedient  to  distribute  in  the  form  of  annuities  shall  be  delivered 

5607  to  said  Indians  as  follows,  viz :  one-third  thereof  during  the 

5608  spring,  and  two-thirds  thereof  during  the  autumn  of  each  year. 

5609  For  the  purpose  of  determining  from  time  to  time  the  aggre- 

5610  gate  amount  to  be  expended  under  the  provisions  of  this  article, 

5611  it  is  agreed  that  the  number  entitled  to  its  beneficial  provisions 
5312  the  coining  year  is  two  thousand  eight  hundred,  and  that  an 
5513  accurate  census  of  the  Indians  entitled  shall  be  taken  at  the 

5614  time  of  the  annuity  payment  in  the  spring  of  each  year  by  their 

5615  agent  or  other  person  designated  for  that  purpose  by  the  Secre. 

5616  tary  of  the  Interior,  which  census  sliall  be  the  basis  on  which 
5017  the  amount  to  be  expended  the  next  ensuing  year  shall  be  deter- 

5618  mined. 

5619  ARTICLE  8.  The  Indians  parties  to  this  treaty  expressly 

5620  covenant  and  agree  that  they  will  use  their  utmost  endeavor  to 

5621  induce  that  portion  of  the  respective  tribes -not  now  present  to 

5622  unite  with  them  and  accede  to  the  provisions  of  this  treaty, 

5623  which  union  and  accession  shall  be  evidenced  and  made  binding 

5624  on  all  parties  whenever  such  absentees  shall  have  participated 

5625  in  the  beneficial  provisions  of  this  treaty. 

5626  ARTICLE  9.  Upon  the  ratification  of  this  treaty  all  former 

5627  treaties  are  hereby  abrogated. 

5628  Proclaimed  February  2,  1867. 

5629  ]Sr.  B. — The  Apache  tribe  was  brought  into  the  provisions  of 

5630  the  above  treaty  by  the  second  article  of  the  treaty  with  the 

5631  Apaches,  Cheyennes  and  Arrapahoes,  proclaimed  May  26,  1866, 

5632  the  treaty  following  next  to  the  above. 


128 

5633  Treaty  between  the  United  States  of  America  and  the  Apache^ 

5634  Cheyenne,  and  Arrapahoe  tribes  of  Indians,  concluded  Octo 

5635  ber  17,  1865;  ratification  advised  May  22,  1866. 

5636  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

5637  to  all  and  singular  to  whom  these  presents  shall  come, 

5638  greeting  : 

5639  Whereas  a  treaty  was  made  and  concluded  at  the  council- 

5640  ground  on  the  Little  Arkansas  Kiver,  in  the  State  of  Kansas,  on 

5641  the  seventeenth  day  of  October,  in  the  year  of  our  Lord  one 

5642  thousand  eight  hundred  and  sixty-five,  by  and  between  John  B. 

5643  Sanborn,  William  S.  Harney,  James  Steele,  William  W.   Bent, 

5644  Kit  Carson,  Thomas  Murphy,  and  J.  H.  Leaven  worth,  commis- 

5645  sioners  on  the  part  of  the  United  States,  and  Kou-zhon-ta-co. 

5646  (Poor  Bear,)  Ba-zhe-ech,  (Iron  Shirt,)  and  other  chiefs  and  head- 

5647  men,  on  the  part  of  the  Apache  tribe  of  Indians,  Moke-ta-ve-to? 

5648  (Black  Kettle,)  Oh-to-ah-ne-so-to-wheo,  (Seven  Bulls,)  and  other 

5649  chiefs  and  head-men,  on  the  part  of  the  Cheyenne  tribe  of  Indi. 

5650  ans,  and  Oh-has-tee,  (Little  Raven,)  Oh-hah-mah-hah,  (Storm,) 

5651  and  other  chiefs  and  head-men,  on  the  part  of  the  Arrapahoe 

5652  tribe  of  Indians,  all  of  which  chiefs  and  head-men  were  duly  an- 

5653  thorized  thereto  by  their  respective  tribes,  which  treaty  is  in  the 

5654  words  and  figures  following,  to  wit : 

5655  N.  B. — The  Apaches  relinquish   all  rights,  privileges,  and 

5656  grants  given  them  by  this  treaty,  in  a  treaty  made,  together  with 

5657  the  Kiowas  and  Comanches,  on  the  21st  of  October,  1887. 

5658  Whereas  a  treaty  was  made  and   concluded,  by  and   be- 

5659  tween  the  undersigned  commissioners  on  the  part  of  the  United 

5660  States,  and  the  undersigned  chiefs  and  head-men  of  the  Cheyenne 

5661  and  Arrapahoe  tribes  of  Indians,  on  the  part  of  said  tribes,  on 

5662  the  fourteenth  day  of  October,  A.  D.  1865,  at  the  council-grounds 

5663  on  the  Little  Arkansas  Eiver,  in  the  State  of  Kansas;  and. 

5664  whereas,  the  Apache  Indians,  who  have  been  heretofore  con- 

5665  federated  with  the  Kiowa  and  Cornanche  tribes  of  Indians,  are 

5666  desirous  of  dissolving  said  confederation  and  uniting  their  for- 

5667  tunes  with  the  said  Cheyennes  and  Arrapahoes;  and  whereas 

5668  the  said  last-named  tribes  are  willing  to  receive  among  thern- 

5669  selves  on  an  equal  footing  with  the  members  of  their  own  tribes, 

5670  the  said  Apache  Indians ;  and  the  United  States,  by  their  said 

5671  commissioners,  having  given  their  assent  thereto,  it  is  there- 

5672  fore  hereby  agreed  by  and  between  the  United  States,  by  their 

5673  said  commissioners,  and  the  said  Cheyenne,  Arrapahoe,  and 

5674  Apache  Indians,  by  the  undersigned  chiefs  and  head-men  of  said 

5675  tribes  respectively,  as  follows,  viz  : 

5676  ARTICLE  1.  The  said  Cheyenne,  Arrapahoe,  and  Apache 

5677  tribes  henceforth  shall  be  and  they  are  hereby  united,  and  the 


129 

5678  United  States  will  hereafter  recognize  said  tribes  as  the  confed- 

5070  erated  bauds  or  tribes  of  Cheyenne,  Arrapahoe,  and  Apache 

5680  Indians. 

5681  ARTICLE  2.  The  several  terms,  stipulations,  and  agreements 

5682  to  be  done  and  performed  oil  the  part  of  the  United  States  for 
568,')  and  with  the  said  Cheyenne  and  Arrapahoe  tribes  of  Indians, 

5684  aud  by  the  said  Cheyenne  and  Arrapahoe  tribes  of  Indians,  for  and 

5685  with  the  United  States,  by  the  provisions  of  said  treaty  of  Oc- 

5686  tober  14th,  A.  D.   1865,  shall  be  done   and  performed  by  the 

5687  United  States  for  and  on  behalf  of  the  said  confederated  tribes 

5688  or  bands  of  Cheyenne,  Arrapahoe,  and  Apache  Indians,  and  on 
5680  their  part  shall  be  done,  observed,  and  performed  to,  with  aud 
5600  for  the  United  States  in  the  same  manner,  to  the  same  extent, 
5604  and  for  like  objects,  to  all  intents  and  purposes,  as  would  have 

5602  been  the  case  had  said  treaty  been  originally  made  aud  executed 

5603  with  the  said  confederated  tribes  of  Cheyenne,  Arrapahoe,  and 

5604  Apache  Indians. 

5605  Proclaimed  May  26,  1866. 

5606  Treaty  between  the  United  States  of  America  and  the  Cheyenne  and 

5607  Arapahoe   tribes   of  Indians,   concluded  October  28,    1867; 

5608  ratification  advised  July  25,  1868. 

5600  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

5700  to  all  and  singular  to  whom  these  presents  shall  come,  greet- 

5704  ing1: 

5702  Whereas  a  treaty  was  made  aud  concluded  at  the  Council 

5703  Camp,  on  Medicine  Lodge  Creek,  seventy  miles  south  of  Fort 

5704  Larued,  in  the  State  of  Kansas,  on  the  twenty-eighth  day  of 

5705  October,  in  the  year  of  our  Lord  one  thousand  eight  hundred 

5706  aud  sixty-seven,  by  aud  between  N.  G.  Taylor,  Brevet  Major- 

5707  General  William  S.  Harney,  Brevet  Major-General  C.  C.  Augur, 

5708  Brevet  Major-General  Alfred  II.  Terry,  John  B.  Sanborn,  Samuel 
5700  F.  Tappan,  aud  J.  B.  Henderson,  commissioners  on  the  part  of 

5710  the  United  States,  and  O-to-ah-uac-co,  (Bull-Bear,)  Moke-tav- 

5711  a-to,  (Black  Kettle,)  Little  Raven,  Yellow  Bear,  aud  other  chiefs 

5712  and  head-men  of  the  Cheyenne 'and  Arapahoe  tribes  of  Indians, 

5713  on  the  part  of  said  Indians,  aud  duly  authorized  thereto  by 

5714  them,  which  treaty  is  in  the  words  aud  figures  following,  to  wit: 

5715  Articles  of  a  treaty  and  agreement  made  and  entered  into  at  the 

5716  Council  Camp  on  Medicine  Lodge  Creek,  seventy  miles  south 

5717  of  Fort  Lamed,  in  the  State  of  Kansas,  on  the  twenty- 

5718  eighth  day  of  October,  eighteen  hundred  and  sixty-seven, 
5710  by  and  between  the  United  States  of  America,  represented 

5720  by  its  commissioners  duly  appointed  thereto,  to  wit :    !^a- 

5721  thaniel  G.  Taylor,  William  S.  Harney,  C.  C.  Augur,  Alfred 

17  I  T 


130 

5722  H.  Terry,  John  B.  Sanborn,  Samuel  F.  Tappan,  and  John  B. 

5723  Henderson,  of  the  one  part,  and  the  Cheyenne  and  Arapa- 

5724  hoe  tribes  of  Indians,  represented  by  their  chiefs  and  head- 

5725  men,  duly  authorized  and  empowered  to  act  for  the  body  of 
572G  the  people  of  said  tribes— the  names  of  said  chiefs  and  head- 

5727  men  being  hereto  subscribed — of  the  other  part,  witness  : 

5728  ARTICLE  1.  From  this  day  forward,  all  war  between  the 

5729  parties  to  this  agreement  shall  forever  cease.     The  Government 

5730  of  the  United  States  desires  peace,  and  its  honor  is  here  pledged 

5731  to  keep  it.     The  Indians  desire  peace,  and  they  now  pledge  their 

5732  honor  to  maintain  it. 

5733  If  bad  men  among  the  whites,  or  among  other  people  sub- 

5734  ject  to  the  authority  of  the  United  States,  shall  commit  any 

5735  wrong  upon  the  person  or  property  of  the  Indians,  the  United 

5736  States  will,  upon  proof  made  to  the  agent  and  forwarded  to  the 

5737  Commissioner  of  Indian  Affairs  at  Washington  City,  proceed  at 

5738  once  to  cause  the  offender  to  be  arrested  and  punished  according 

5739  to  the  laws  of  the  United  States,  and  also  re-imburse  the  injured 

5740  person  for  the  loss  sustained. 

5741  If  bad  men  among  the  Indians  shall  commit  a  wrong  or  depre- 

5742  dation  upon  the  person  or  property  of  any  one,  white,  black,  or 

5743  Indian,  subject  to  the  authority  of  the  United  States  and  at 

5744  peace  therewith,  the  tribes  herein  named  solemnly  agree  that 

5745  they  will,  on  proof  made  to  their  agent,  and  notice  by  him,  de- 

5746  liver  up  the  wrongdoer  to  the  United  States,  to  be  tried  and 

5747  punished  according  to  its  laws;  and  in  case  they  wilfully  refuse 

5748  so  to  do,  the  person  injured  shall  be  re-imbursed  for  his  loss  from 

5749  the  annuities  or  other  moneys  due  or  to  become  due  to  them 

5750  under  this  or  other  treaties  made  with  the  United  States.     And 

5751  the  President,  on  advising  with  the  Commissioner  of  Indian 

5752  Affairs,  shall  prescribe  such  rules  and  regulations  for  ascertaining 

5753  damages,  under  the  provisions  of  this  article,  as  in  his  judgment 

5754  may  be  proper.     But  no  such  damages  shall  be  adjusted  and 

5755  paid  until  thoroughly  examined  and  passed  upon  by  the  Com- 

5756  inissioner  of  Indian  Affairs  and  the  Secretary  of  the  Interior, 

5757  and  no  one  sustaining  loss,  while  violating,  or  because  of  his 

5758  violating,  the  provisions  of  this  treaty  or  the  laws  of  the  United 

5759  States,  shall  be  re-iinbursed  therefor. 

5760  ARTICLE  2.  The  United  States  agrees  that  the  following 

5761  district  of  country,  to  wit:  commencing  at  the  point  where  the 

5762  Arkansas  Eiver  crosses  the  37th  parallel  of  north  latitude,  thence 

5763  west  on  said  parallel— the  said  line  being  the  southern  boundary 

5764  of  the  State  of  Kansas — to  the  Cimarone  Eiver,  (sometimes  called 

5765  the  Eed  Fork  of  the  Arkansas  Eiver  5)  thence  down  said  Cimarone 

5766  Eiver,  in  the  middle  of  the  main  channel  thereof,  to  the  Arkansas 

5767  Eiver;  thence  up  the  Arkansas  Eiver,  in  the  middle  of  the  main 


131 

5768  channel  thereof,  to  the  place  of  beginning,  shall  be  and  the  same 

5769  is  hereby  set  apart  for  the  absolute  and  undisturbed  use  and 

5770  occupation  of  the  Indians  herein  named,  and  for  such  other 

5771  friendly  tribes  or  individual  Indians,  as  from  time  to  time  they 

5772  may  be  willing,  with  the  consent  of  the  United  States,  to  admit 

5773  among  them ;  and  the  United  States  now  solemnly  agrees  that 

5774  no  persons  except  those  herein  authorized  so  to  do,  and  except 

5775  such  officers,  agents,  and  employes  of  the  Government  as  may 

5776  be  authorized  to  enter  upon  Indian  reservations  in  discharge  of 

5777  duties  enjoined  by  law,  shall  ever  be  permitted  to  pass  over, 

5778  settle  upon,  or  reside  in  the  territory  described  in  this  article,  or 

5779  in  such  territory  as  may  be  added  to  this  reservation  for  the  use 

5780  of  said  Indians. 

5781  ARTICLE  3.  If  it  should  appear  from  actual  survey,  or  other 

5782  examination  of  said  tract  of  land.,  that  it  contains  less  than  one 

5783  hundred  and  sixty  acres  of  tillable  land  for  each  person  who  at 

5784  the  time  may  be  authorized  to  reside  on  it,  under  the  provisions 

5785  of  this  treaty,  and  a  very  considerable  number  of  such  persons 

5786  shall  be  disposed  to  commence  cultivating  the  soil  as  farmers, 

5787  the  United  States  agrees  to  set  apart  for  the  use  of  said  Indians, 

5788  as   herein   provided,  such  additional  quantity  of  arable  land 

5789  adjoining  to  said  reservation,  or  as  near  the  same  as  it  can  be 

5790  obtained,  as  may  be  required  to  provide  the  necessary  amount. 

5791  ARTICLE  4.  The  United  States  agrees  at  its  own  proper 

5792  expense  to  construct  at  some  place  near  the  center  of  said  reser- 

5793  vation,  where  timber  and  water  may  be  convenient,  the  following 

5794  buildings,  to  wit:  a  warehouse  or  store-room  for  the  use  of  the 

5795  agent  in  storing  goods  belonging  to  the  Indians,  to  cost  not 

5796  exceeding  fifteen  hundred  dollars;  an  agency -build  ing  for  the 

5797  residence  of  the  agent,  to  cost  not  exceeding  three  thousand 

5798  dollars;  a  residence  for  the  physician,  to  cost  not  more  than 

5799  three  thousand  dollars ;  and  five  other  buildings,  for  a  carpenter, 

5800  farmer,  blacksmith,  miller,  and  engineer,  each  to  cost  not  exceed - 

5801  ing  two  thousand  dollars;  also  a  school-house  or  mission-build- 

5802  ing,  so  soon  as  a  sufficient  number  of  children  can  be  induced  by 

5803  the  agent  to  attend  school,  which  shall  not  cost  exceeding  five 

5804  thousand  dollars.     The  United  States  agrees,  further,  to  cause 

5805  to  be  erected  on  said  reservation,  near  the  other  buildings  herein 

5806  authorized,  a  good  steam  circular  saw-mill,  with  a  grist-mill  and 

5807  shingle  machine  attached ;  the  same  to  cost  not  exceeding  eight 

5808  thousand  dollars. 

5809  ARTICLE  5.  The  United  States  agrees  that  the  agent  for  said 

5810  Indians  in  the  future  shall  make  his  home  at  the  agency  build- 

5811  iug;  that  he  shall  reside  among  them,  and  keep  an  office  open 

5812  at  all  times  for  the  purpose  of  prompt  and  diligent  inquiry  into 

5813  such  matters  of  complaint  by  and  against  the  Indians  as  may  be 


132 

5814  presented  for  investigation,  under  the  provisions  of  their  treaty 

5815  stipulations,  as  also  for  the  faithful  discharge  of  other  duties 

5816  enjoined  on  him  by  law.     In  all  cases  of  depredation  on  person  or 

5817  property,  he  shall  cause  the  evidence  to  be  taken  in  writing  and 

5818  forwarded,  together  with  his  finding,  to  the  Commissioner  of 
5810  Indian  Affairs,  whose  decision,  subject  to  the  revision  of  the 

5820  Secretary  of  the  Interior,  shall  be  binding  on  the  parties  to  this 

5821  treaty. 

5822  ARTICLE  6.  If  any  individual,  belonging  to  said  tribes  of  In- 

5823  dians,  or  legally  incorporated  with  them,  being  the  head  of  a 

5824  family,  shall  desire  to  commence  farming,  he  shall  have  the 

5825  privilege  to  select,  in  the  presence  and  with  the  assistance  of  the 

5826  agent  then  in  charge,  a  tract  of  land  within  said  reservation  not 

5827  exceeding  three/hundred  and  twenty  acres  in  extent,  which  tract 

5828  when  so  selected,  certified,  and  recorded  in  the  land-book  as 

5829  herein  directed,  shall  cease  to  be  held  in  common,  but  the  same 

5830  may  be  occupied  and  held  in  the  exclusive  possession  of  the 

5831  person  selecting  it,  and  of  his  family,  so  long  as  he  or  they  may 

5832  continue  to  cultivate  it.     Any  person  over  eighteen  years  of  age 

5833  not  being  the  head  of  a  family,  may  in  like  manner  select  and 

5834  cause  to  be  certified  to  him,  or  her,  for  purposes  of  cultivation, 

5835  a  quantity  of  land  not  exceeding  eighty  acres  in  extent,  and 

5836  thereupon  be  entitled  to  the  exclusive  possession  of  the  same  as 

5837  above  directed. 

5838  For  each  tract  of  land  so  selected,  a  certificate  containing  a 

5839  description  thereof,  and  the  name  of  the  person  selecting  it,  with 

5840  a  certificate  indorsed  thereon,  that  the  same  has  been  recorded? 

5841  shall  be  delivered  to  the  party  entitled  to  it  by  the  agent,  after 

5842  the  same  shall  have  been  recorded  by  him  in  a  book  to  be  kept 

5843  in  his  office,  subject  to  inspection,  which  said  book  shall  be 

5844  known  as  the  "  Cheyenne  and  Arapahoe  Laud  Book."    The  Pre- 
5845  sident  may  at  any  time  order  a  survey  of  the  reservation,  and, 

5846  when  so  surveyed,  Congress  shall  provide  for  protecting  the  rights 

5847  of  settlers  in  their  improvements,  and  may  fix  the  character  of 

5848  the  title  held  by  each. 

5849  The  United  States  may  pass  such  laws  on  the  subject  of  alieii- 

5850  atiou  and  descent  of  property,  and  on  all  subjects  connected  with 

5851  the  government  of  the  Indians  on  said  reservations,  and  the  in- 

5852  ternal  police  thereof  as  may  be  thought  proper. 

5853  ARTICLE  7.  In  order  to  insure  the  civilization  of  the  tribes 

5854  entering  into  this  treaty,  the  necessity  of  eduation  is  admitted, 

5855  especially  by  such  of  them  as  are  or  may  be  settled  on  said  agri- 

5856  cultural  reservation,  and  they  therefore  pledge  themselves  to 

5857  compel  their  children,  male  and  female,  between  the  ages  of  six 

5858  and  sixteen  years,  to  attend  school ;  and  it  is  hereby  made  the 

5859  duty  of  the  agent  for  said  Indians  to  see  that  this  stipulation  is 


133 

5860  strictly  complied  with ;  and  the  United  States  agrees  that  for 

5861  every  thirty  children  between  said  ages,  who  can  be  induced  or 
586.}  compelled  to  attend  school,  a  house  shall  be  provided,  and  a 

5863  teacher  competent  to  teach  the  elementary  branches  of  an  Eug- 

5864  lish  education  shall  be  furnished,  who  will  reside  among  said 

5865  Indians,  and  faithfully  discharge  his  or  her  duties  as  a  teacher. 

5866  The  provisions  of  this  article  to  continue  for  not  less  than  twenty 

5867  years. 

5868  ARTICLE  8.  When  the  head  of  a  family  or  lodge  shall  have 

5869  selected  lauds  and  received  his  certificate  as  above  directed,  and 

5870  the  agent  shall  be  satisfied  that  he  intends  in  good  faith  to  com- 

5871  mence  cultivating  the  soil  for  a  living,  he  shall  be  entitled  to  re- 

5872  ceive  seeds  and  agricultural  implements  for  the  first  year,  not 

5873  exceeding  in  value  one  hundred  dollars  ;  and  for  each  succeed- 

5874  ing  year  lie  shall  continue  to  farm  for  a  period  of  three  years 

5875  more,  he  shall  be  entitled  to  receive  seeds  and  implements  as 

5876  aforesaid,  not  exceeding  in  value  twenty-five  dollars. 

5877  And  it  is  further  stipulated  that  such  persons  as  commence 

5878  farming  shall  receive  instruction  from  the  farmer  herein  pro- 
5870  vided  for  5  and  whenever  more  than  one  hundred  persons  shall 

5880  enter  upon  the  cultivation  of  the  soil,  a  second  blacksmith  shall 

5881  be  provided,  with  such  iron,  steel,  and  other  material  as  maybe 

5882  needed. 

5883  ARTICLE  9.  At  any  time  after  ten  years  from  the  making 

5884  of  this  treaty  the  United  States  shall  have  the  privilege  of  with- 

5885  drawing  the  physician,  farmer,  blacksmith,  carpenter,  engineer, 

5886  and  miller,  herein  provided  for,  but  in  case  of  such  withdrawal,  an 

5887  additional  sum,  thereafter,  of  ten  thousand  dollars  per  annum 

5888  shall  be  devoted  to  the  education  of  said  Indians,  and  the  Coni- 

5889  missiouer  of  Indian  Affairs  shall  upon  careful  inquiry  into  their 

5890  condition  make  such  rules  and  regulations  for  the  expenditure 

5891  of  said  sum  as  will  best  promote  the  educational  and  moral  im- 

5892  provement  of  said  tribes. 

5893  ARTICLE  10.    In  lieu  of  all  sums  of  money  or  other  an- 

5894  unities  provided  to  be  paid  to  the  Indians  herein  named,  under 

5895  the  treaty  of  October  fourteenth,  eighteen  hundred  and  sixty  - 

5896  five,  made  at  the  mouth  of  Little  Arkansas,  and  under  all  treat- 

5897  ies  made  previous  thereto,  the  United  States  agrees  to  deliver 

5898  at  the  agency  house  on  the  reservation  herein  named,  on  the  fif- 

5899  teeuth  day  of  October,  of  each  year,  for  thirty  years,  the  follow- 

5900  ing  articles,  to  wit : 

5901  For  each  male  person  over  fourteen  years  of  age,  a  suit  of 

5902  good,  substantial  woolen  clothing,  consisting  of  coat,  pantaloons, 

5903  flannel  shirt,  hat,  and  a  pair  of  home-made  socks. 

5904  For  each  female  over  twelve  years  or  age,  a  flannel  skirt, 


134 

5905  or  the  goods  necessary  to  make  it,  a  pair  of  woolen  hose,  twelve 

5906  yards  of  calico,  and  twelve  yards  of  cotton  domestics. 

5907  For  the  boys  and  girls  under  the  ages  named,  such  flannel 

5908  and  cotton  goods  as  may  be  needed  to  make  each  a  suit  as  afore- 

5909  said,  together  with  a  pair  of  woolen  hose  for  each. 

5910  And  in  order  that  the  Commissioner  of  Indian  Affairs  may 

5911  be  able  to  estimate  properly  for  the  articles  herein  named,  it 

5912  shall  be  the  duty  of  the  agent  each  year  to  forward  to  him  a 

5913  full  and  exact  census  of  the  Indians  on  which  the  estimate  from 

5914  year  to  year  can  be  based. 

5915  And,  in  addition  to  the  clothing  herein  named,  the  sum  of 

5916  twenty  thousand  dollars  shall  be  annually  appropriated  for  a 

5917  period  of  thirty  years,  to  be  used  by  the  Secretary  of  the  In 

5918  terior  in  the  purchase  of  such  articles  as,  from  time  to  time, 

5919  the  condition  and  necessities  of  the  Indians  may  indicate  to  be 

5920  proper.     And  if  at  any  time,  within  the  thirty  years,  it  shall  ap- 

5921  pear  that  the  amount  of  money  needed  for  clothing,  under  this 

5922  article,  can  be  appropriated  to  better  uses  for  the  tribe  herein 

5923  named,  Congress  may,  by  law,  change  the  appropriation  to  other 

5924  purposes;  but,  in  no  event,  shall  the  amount  of  this  appropria- 

5925  tiou  be  withdrawn  or  discontinued  for  the  period  named.     And 

5926  the  President  shall,  annually,  detail  an,  officer  of  the  Army  to 

5927  be  present,  and  attest  the  delivery  of  all  the  goods  herein  named 

5928  to  the  Indians,  and  he  shall  inspect  and  report  on  the  quantity 

5929  and  quality  of  the  goods  and  the  manner  of  their  delivery. 

5930  ARTICLE  11.  In  consideration  of  the  advantages  and  bene- 

5931  lits  conferred  by  this  treaty,  and  the  many  pledges  of  friendship 

5932  by  the  United  States,  the  tribes  who  are  parties  to  this  agree- 

5933  rnent  hereby  stipulate  that  they  will  relinquish  all  right  to  oc- 

5934  cupy  permanently  the  territory  outside  of  their  reservation  as 

5935  herein  defined,  but  they  yet  reserve  the  right  to  hunt  on  any 

5936  lands  south  of  the  Arkansas  so  long  as  the  buffalo  may  range 

5937  thereon  in  such  numbers  as  to  justify  the  chase;  and  no  white 

5938  settlements  shall  be  permitted  on  any  part  of  the  lands  contained 

5939  in  the  old  reservation  as  denned  by  the  treaty  made  between 

5940  the   United  States  and  the  Cheyenne,  Arapahoe,  and  Apache 

5941  tribes  of  Indians,  at  the -mouth  of  the  Little  Arkansas,  under 

5942  date  of  October  fourteenth,  eighteen  hundred  and  sixty-five, 

5943  within  three  years  from  this  date;  and  they,  the  said  tribes,  fur- 

5944  ther  expressly  agree  : 

5945  1st.  That  they  will  withdraw  all  opposition  to  the  construction 

5946  of  the   railroad   now   being  built  on   the   Smoky   Hill   River, 

5947  whether  it  be  built  to  Colorado  or  New  Mexico. 

5948  2d.  That  they  will  permit  the  peaceable  construction  of  any 

5949  railroad  not  passing  over  their  reservation,  as  herein  defined. 

5950  3d.  That  they  will  not  attack  any  persons  at  home  or  travel- 


135 

5051  ling,  nor  molest  or  disturb  any  wagon -trains,  coaches,  mules,  or 

5952  cattle  belonging  to  the  people  of  the  United  States,  or  to  persons 

5953  friendly  therewith. 

5954  4th.  They  will  never  capture  or  carry  off  from  the    settle- 

5955  ments  white  women  or  children. 

5950  5th.  They  will  never  kill  or  scalp  white  men,  nor  attempt  to 

5957  do  them  harm. 

5958  6th.  They  withdraw  all  pretense  of  opposition  to  the  cou- 

5959  struction  of  the  railroad  now  being  built  along  the  Platte  River, 

5960  and  westward  to  the  Pacific  Ocean  ;  and  they  will  not  in  future 

5961  object    to  the  construction  of   railroads,    wagon-roads,  mail- 

5962  stations,  or  other  works  of  utility  or  necessity,  which  may  be 

5963  ordered  or  permitted  by  the  laws  of  the  United  States.    But 

5964  should  such  roads  or  other  works  be  constructed  on  the  lauds  of 

5965  their  reservation,  the  Government  will   pay  the  tribe  whatever 

5966  amount  of  damage  may  be  assessed  by  three  disinterested  com- 

5967  missioners  to  be  appointed  by  the  President  for  that  purpose, 

5968  one  of  said  commissioners  to  be  a  chief  or  head-man  of  the 

5969  tribe. 

5970  7th.  They  agree  to  withdraw  all  opposition  to  the  military 

5971  posts  or  roads  now  established,  or  that  may  be  established,  not 

5972  in  violation   of  treaties   heretofore  made  or  hereafter    to    be 

5973  made  with  any  of  the  Indian  tribes. 

5974  ARTICLE  12.  ^o  treaty  for  the  cession  of  any  portion  or 

5975  part  of  the  reservation  herein  described,  which  may  be  held  in 

5976  common,  shall  be  of  any  validity  or  force  as  against  the  said  In- 

5977  diaus  unless  executed  and  signed  by  at  least  three-fourths  of  all 

5978  the  adult  male  Indians  occupying  or  interested  in  the  same ;  and 

5979  no  cession  by  the  tribe  shall  be  understood  or  construed  in  such 

5980  manner  as  to  deprive  without  his  consent  any  individual  member 

5981  of  the  tribe  of  his  rights  to  any  tract  of  land  selected  by  him  as 

5982  provided  in  Article  6  of  this  treaty. 

5983  ARTICLE  13.  The  United   States  hereby  agree  to  furnish 

5984  annually  to  the   Indians  the   physician,   teachers,   carpenter, 

5985  miller,  engineer,  farmer,  and  blacksmiths,  as  herein  contemplated, 

5986  and  that  such  appropriations  shall  be  made  from  time  to  time, 

5987  on  the  estimates  of  the  Secretary  of  the  Interior,  as  will  be  suf- 

5988  ficient  to  employ  such  persons. 

5989  ARTICLE  14.  It  is  agreed  that  the  sum  of  five  hundred 

5990  dollars,  annually,  for  three  years  from   date,  shall  be  expended 

5991  in  presents  to  the  ten  persons  of  said  tribe  who,  in  the  judgment 

5992  of  the  agent,  may  grow  the  most  valuable  crops  for  the  respect- 

5993  ive  year. 

5994  ARTICLE  15.  The  tribes  herein  named  agree  that  when  the 

5995  agency -house  and  other  buildings  shall  be  constructed  on  the 

5996  reservation  named,  they  will  regard  and  make  said  reservation 


136 

5997  tlieir  permanent  borne,  and  they  will  make  no  permanent  settle  - 

5998  ment  elsewhere,  but  they  shall  have  the  right,  subject  to  the 

5999  conditions  and  modifications  of  this  treaty,  to  hunt  on  the  lands 

6000  south  of  the  Arkansas  River,  formerly  called  theirs,  in  the  same 
0001  manner  as  agreed  on  by  the  treaty  of  the  "  Little  Arkansas,'' 

6002  concluded  the  fourteenth  day  of  October,  eighteen  hundred  ami 

6003  sixty-five. 

6004  Proclaimed  August  19,  1S68. 


6005  NORTHERN  CHEYENNES  AND  NORTHERN  ARRAPA- 

6006  HOES. 

6007  Treaty  between  the  United   States  of  America  and  the  Northern 

6008  Cheyenne  and   Northern  Arapahoe  tribes  of   Indians,    con- 

6009  eluded  May  10,  1868  ;  ratification  advised  July  25,  1868. 

6010  ANDREW  JOHNSON,  President  of  the  United  States  of  America,  to 

6011  all  and  singular  to  whom  these  presents  shall  come,  greeting  : 

6012  Whereas  a  treaty  was  made  and  concluded  at  Fort  Laramie, 

6013  in  the  Territory  of  Dakota,  on  the  tenth  day  of  May,  in  the  year 

6014  of  our  Lord  one  thousand  eight  hundred  and  sixty-eight,  by  and 

6015  between  Lieutenant-General  William  T.  Sherman,  Brevet  Major- 

6016  General  William  S.  Harney,  Brevet  Major-General  Alfred  H. 

6017  Terry,  Brevet  Major-General  C.  0.  Augur,  John  B.  Sanboru,  and 

6018  S.  F.  Tappan,  commissioners  on  the  part  of  the  United  States, 

6019  and  Wah-Toh-Nah,  Bah-Ta-Che,  and  other  chiefs  and  head-men 

6020  of  the  Northern  Cheyenne  and  Northern  Arapahoe  tribes  of 

6021  Indians,  on  the  part  of  said  Indians,  and  duly  authorized  thereto 

6022  by  them,  which  treaty  is  in  the  words  and  figures  following,  to 

6023  wit: 

6024  Articles  of  a  treaty  made  and  concluded  at  Fort  Laramie,  Da- 

6025  kota  Territory,  on  the  tenth  day  of  May,  in  the  year  of  our 

6026  Lord  one  thousand  eight  hundred  and  sixty-eight,  by  and 

6027  between  the  undersigned  commissioners  on  the  part  of  the 

6028  United  States,  and  the  undersigned  chiefs  and  head-men  of 

6029  and  representing  the  Northern  Cheyenne  and  Northern  Ar 

6030  apahoe  Indians,  they  being  duly  authorized  to  act  in  the 

6031  premises. 

6032  ARTICLE  1.  From  this  day  forward  peace  between  the  par- 

6033  ties  to  this  treaty  shall  forever  continue.    The  Government  of 

6034  the  United  States  desires  peace,  and  its  honor  is  hereby  pledged 

6035  to  keep  it.    The  Indians  desire  peace,  and  they  hereby  pledge 

6036  their  honor  to  maintain  it.     If  bad  men  among  the  whites,  or 

6037  among  other  people   subject   to  the  authority  of  the  United 


137 

6038  States,  shall  commit  any  wrong  upon  the  person  or  property  of 

G039  the  Indians,  the   United  States  will,  n^on  prool  made  to  the 

6040  agent  and  forwarded  to  the  Commissioner  of  Indian  Affairs 

6011  at  Washington  City,  proceed  at  once  to  cause  the  offender  to 

6042  be  arrested  and  punished  according  to  the  laws  of  the  United 

6043  States,  and  also  reimburse  the  injured  person  for  the  loss  sus- 

6044  tained. 

6045  If  bad  men  among  the  Indians  shall  commit  a  wrong  or  dep- 

6046  reflation  upon  the  person  or  property  of  any  one,  white,  black,  or 

6047  Indian,  subject  to  the  authority  of  the  United  States  and  at  peace 

6048  therewith,  the  Indians  herein  named  solemnly  agree  that  they  will, 

6049  on  proof  made  to  their  agent,  and  notice   by  him,  deliver  up 

6050  the  wrong-doer  to  the  United  States,  to  be  tried  and  punished 

6051  according  to  its  laws;  and  in  case  they  wilfully  refuse  so  to  do, 

6052  the  person  injured  shall  be  reimbursed  for  his  loss  from  the  an- 

6053  unities  or  other  moneys  due  or  to  become  due  to  them  under  this 

6054  or  other  treaties  made  with  the  United  States.     And  the  Presi- 

6055  dent,   on  advising  with  the  Commissioner  of  Indian   Affairs, 

6056  shall  prescribe  such  rules  and  regulations  for  ascertaining  dam- 

6057  ages  under  the  provisions  of  this  article  as  in  his  judgment  may 

6058  be  proper.    But  no  such  damages  shall  be  adjusted  and  paid 

6059  until  thoroughly  examined  and  passed  upon  by  the  Commissioner 

6060  of  Indian  Affairs,  and  no  one  sustaining  loss  w7hile  violating,  or 

6061  because  of  his  violating,  the  provisions  of  this  treay  or  the  lawrs 

6062  of  the  United  States  shall  be  reimbursed  therefor. 

6063  ARTICLE  2.  The  Indians,  parties  to  this  treaty,  hereby  agree 
60€4  to  accept  for  their  permanent  home  some  portion  of  the  tract  of 

6065  country  set  apart  and  designated  as  a  x>ermauent  reservation  for 

6066  the  Southern  Cheyenne  and  Arapaboe  Indians  by  a  treaty  entered 

6067  into  by  and  between  them  and  the  United  States,  at  Medicine 

6068  Lodge  Creek,  on  the  —  day  of  October,  eighteen  hundred  and 

6069  sixty-seven,  or  some  portion  of  the  country  and  reservation  set 

6070  apart  and  designated  as  a  permanent  home  for  the  Brule  and  other 

6071  bands  of  Sioux  Indians,  by  a  treaty  entered  into  by  and  between 

6072  said  Indians  and  the  United  States,  at  Fort  Laramie,  D.  T., 

6073  on  the  twenty-ninth  day  of  April,  eighteen  hundred  and  sixty- 

6074  eight.     And  the   Northern    Cheyenne  and   Arapahoe  Indians 

6075  do  hereby  relinquish,   release,  and  surrender  to   the  United 

6076  States,  all  right,  claim,   and   interest  in  and   to  all   territory 

6077  outside  the  two  reservations  above  mentioned,  except  the  right 

6078  to  roam  and  hunt  while  game  shall  be  found  in  sufficient  quauti- 

6079  ties  to  justify  the  chase.     And  they  do  solemnly  agree  that  they 

6080  will  not  build  any  permanent  homes  outside  of  said  reservations, 

6081  and  that  within  one  year  from  this  date  they  will  attach  them- 

6082  selves  permanently  either  to  the  agency  provided  for  near  the 

6083  mouth  of  Medicine  Lodge  Creek,  or  to  the  agency  about  to  be 

18  IT 


138 

6084  established  on  the  Missouri  River,  near  Fort  Randall,  or  to  the 

6085  Crow   agency  near  Otter   Creek,  on  the   Yellowstone   River, 

6086  provided  for  by  treaty  of  the  seventh  day  of  May,  eighteen  him- 

6087  dred  and  sixty-eight,  entered  into  by  and  between  the  United 

6088  States  and  said  Crow  Indians,  at  Fort  Laramie,  D.  T. ;  and  it 

6089  is  hereby  expressly  understood  that  one  portion  of  said  Indians 

6090  may  attach  themselves  to  one  of  the  afore-mentioned  reserva- 

6091  tions,  and  another  portion  to  another  of  said  reservations,  as 

6092  each  part  or  portion  of  said  Indians  may  elect. 

6093  ARTICLE  3.  If  any  individual  belonging  to  said  tribes  of 

6094  Indians,  or  legally  incorporated  with  them,  being  the  head  of  a 

6095  family,  shall  desire  to  commence  farming,  he  shall  have  the 
C096  privilege  to  select,  in  the  presence  and  with  the  assistance  of  the 
6C97  agent  then  in  charge,  a  tract  of  land  within  said  reservations 

6098  not  exceeding  three  hundred  and  twenty  acres  in  extent,  which 

6099  tract,  when  so  selected,  certified,  and  recorded  in  the  "  Land 

6100  Book"  as  herein  directed,  shall  cease  to  be  held  in  common,  but 

6101  the  same  may  be  occupied  and  held  in  the  exclusive  possession 
o!02  of  the  person  selecting  it,  and  of  his  family,  so  long  as  he  or 

6103  they  may  continue  to  cultivate  it. 

6104  Any  person  over  eighteen  years  of  age,  not  being  the  head 

6105  of  a  family,  may  in  like  manner  select  and  cause  to  be  certified 

6106  to  him  or  her,  for  purposes  of  cultivation,  a  quantity  of  land  not 

6107  exceeding  eighty  acres  in  extent,  and  thereupon  be  entitled  to 

6108  the  exclusive  possession  of  the  same  as  above  directed. 

6109  For  each  tract  of  land  so  selected,  a  certificate  containing  a 

6110  description  thereof  and  the  name  of  the  person  selecting  it, 

6111  with  a  certificate  endorsed  thereon  that  the  same  has  been  re- 

6112  corded,  shall  be  delivered  to  the  party  entitled  to  it  by  the  agent 

6113  after  the  same  shall  have  been  recorded  by  him  in  a  book  to  be 

6114  kept  in  his  office,  subject  to  inspection,  which  said  book  shall  be 

6115  known  as  the  "  Northern  Cheyenne  and  Arapahoe  Land  Book.'7 

6116  The  President  may,  at  any  time,  order  a  survey  of  the 

6117  reservation;  and  when  so  surveyed,  Congress  shall  provide  for 

6118  protecting  the  rights  of  settlers  in  their  improvements,  and  may 

6119  fix  the  character  of  the  title  held  by  each. 

6120  The  United  States  may  pass  such  laws  on  the  subject  of 

6121  alienation  and  descent  of  property  as  between  Indians  and  on 

6122  all  subjects  connected  with  the  government  of  the  Indians  on 

6123  said  reservations,  and  the  internal  police  thereof,  as  may  be 

6124  thought  proper. 

6125  ARTICLE  4.  In  order  to  insure  the  civilization  of  the  tribe 

6126  entering  into  this  treaty,  the  necessity  of  education  is  admitted, 

6127  especially  by  such  of  them  as  are  or  may  be  settled  on  said 

6128  agricultural  reservation,  and  they  therefore  pledge  themselves 

6129  to  compel  their  children,  male  and  female,  between  the  ages  of 


139 

6130  six  and  sixteen  years,  to  attend  school ;  and  it  is  hereby  made 

6131  the  duty  of  the  agent  for  said  Indians  to  see  that  this  stipulation 

6132  is  strictly  complied  with;  and  the  United  States  agrees  that 

6133  for  every  thirty  children,  between  said  ages,  who  can  be  in. 

6134  ducedor  compelled  to  attend  school,  a  house  shall  be  provided, 

6135  and  a  teacher,  competent  to  teach  the  elementary  branches  of 

6136  an  English  education,  shall  be  furnished,  who  will  reside  among 

6137  said  Indians  and  faithfully  discharge  his  or  her  duties  as  a 

6138  teacher.    The  provisions  of  this  article  to  continue  for  twenty 
6L39  years. 

6140  ARTICLE  5.  When  the  head  of  a  family  or  lodge  shall  have 

6141  selected  lands,  and  received  his  certificate  as  above  directed, 

6142  and  the  agent  shall  be  satisfied  that  he  intends  in  good  faith  to 

6143  commence  cultivating  the  soil  for  a  living,  he  shall  be  entitled 

6144  to  receive  seeds  and  agricultural  implements  for  the  first  year 

6145  in  value  one  hundred  dollars,  and  for  each  succeeding  year  he 

6146  shall  continue  to  farm  for  a  period  of  three  years   more  he 

6147  shall  be  entitled  to  receive  seeds  and  implements  as  aforesaid  in 

6148  value  twenty-five  dollars  per  annum. 

6149  And  it  is  further  stipulated  that  such  persons  as  commence 

6150  farming  shall  receive  instructions  from  the  farmer  herein  pro- 

6151  vided  for,  and  whenever  more  than  one  hundred  persons  shall 

6152  enter  upon  the  cultivation  of  the  soil  a  second  blacksmith  shall 

6153  be  provided,  with  such  iron,  steel,  and  other  material  as  may 

6154  be  needed. 

6155  ARTICLE  6.  In  lieu  of  all  sums  of  money  or  other  annui- 

6156  ties  provided  to  be  paid  to  the  Indians  herein  named,  under  any 

6157  and  all  treaties  heretofore  made  with  them,  the  United  States 

6158  agrees  to  deliver  at  the  agency-house,  on  the  reservations  herein 

6159  provided  for,  on  the  first  day  of  September  of  each  year,  for 

6160  thirty  years,  the  following  articles,  to  wit: 

6161  For  each  male  person  over  fourteen  years  of  age,  a  suit  of 

6162  good  substantial  woolen  clothing,  consisting  of  coat,  hat,  pauta- 

6163  loons,  ilaimel  shirt,  and  a  pair  of  woolen  socks. 

6164  For  each  female  over  twelve  years  of  age,  a  flannel  skirt,  or 

6165  the  goods  necessary  to  make  it,  a  pair  of  woolen  hose,  twelve 

6166  yards  of  calico,  and  twelve  yards  of  cotton  domestics. 

6167  For  the  boys  and  girls  under  the  ages  named,  such  flannel 

6168  and  cotton  goods  as  may  be  needed  to  make  each  a  suit,  as  afore- 

6169  said,  together  with  a  pair  of  woolen  hose  for  each. 

6170  And  in  order  that  the  Commissioner  of  Indian  Affairs  may 

6171  be  able  to  estimate  properly  for  the  articles  herein  named,  it 

6172  shall  be  the  duty  of  the  agent  each  year  to  forward  to  him  a  full 

6173  and  exact  census  of  the  Indians,  on  which  the  estimates  from 

6174  year  to  year  can  be  based. 

6175  And,  in  addition  to  the  clothing  herein  named,  the  sum  of 


140 

6176  ten  dollars  shall  be  annually  appropriated  for  each  Indian  roam- 

6177  ing,  and  twenty  dollars  for  each  Indian  engaged  in  agriculture, 

6 178  for  a  period  of  ten  years,  to  be  used  by  the  Secretary  of  the  In- 

6179  terior  in  the  purchase  of  such  articles  as  from  time  to  time 

6180  the  condition  and  necessities  of  the  Indians  may  indicate  to  be 

6181  proper.   And  if,  at  any  time  within  the  ten  years,  it  shall  appear 

6182  that  the  amount  of  money  needed  for  clothing  under  this  article 

6183  can  be  appropriated  to  better  uses  for  the  tribes  herein  named, 

6184  Congress  may  by  law  change  the  appropriation  to  other  pur- 

6185  poses ;  but  in  no  event  shall  the  amount  of  this  appropriation 

6186  be  withdrawn  or  discontinued  for  the  period  named.     And  the 

6187  President  shall  annually  detail  an  officer  of  the  Army  to  be  pres- 

6188  cut  and  attest  the  delivery  of  all  the  goods  herein  named  to  the 
6180  Indians,  and  he  shall  inspect  and  report  on  the  quantity  and 

6190  quality  of  the  goods  and  the  manner  of  their  delivery  ;  and  it  is 

6191  expressly  stipulated  that  each  Indian  over  the  age  of  four  years, 

6192  who  shall  have  removed  to  and  settled  permanently  upon  said 

6193  reservation  and  complied  with  the  stipulations  of  this  treaty, 

6194  shall  be  entitled  to  receive  from  the  United  States,  for  the  pe- 

6195  riod  of  four  years  after  lie  shall  have  settled  upon  said  reserva- 

6196  tion,  one  pound  of  meat  and  one  pound  of  Hour  per  day,  pro- 

6197  vided  the  Indians  cannot  furnish  their  own  subsistence  at  an 

6198  earlier  date  ;  and  it  is  further  stipulated  that  the  United  States 

6199  will  furnish  and  deliver  to  each  lodge  of  Indians,  or  family  of 

6200  persons  legally  incorporated  with  them,  who  shall  remove  to  the 

6201  reservation  herein  described  and  commence  farming,  one  good 

6202  American  co\v  and  one  well-broken  pair  of  American  oxen,  within 

6203  sixty  days  after  such  lodge  or  family  shall  have  so  settled  upon 

6204  said  reservation. 

6205  AKTICLE  7.  The  United  States  hereby  agrees  to  furnish 

6206  annually  to  the  Indians  who  settle  upon  the  reservation  a  pliy- 

6207  sician,  teachers,  carpenter,  miller,  engineer,  farmer,  and  black - 

6208  smiths,  as  herein  contemplated,  and  that  such   appropriations 

6209  shall  be  made  from  time  to  time  on  the  estimates  of  the  Secre- 

6210  tary  of  the  Interior  as  will  be  sufficient  to  employ  such  persons. 

6211  ARTICLE  8.  No  treaty  for  the  cession   of  any  portion  of 

6212  the  reservations  herein  described,  which  may  be  held  in  common, 

6213  shall  be  of  any  force  or  validity  as  against  the  said  Indians,  un- 

6214  less  executed  and  signed  by  at  least  a  majority  of  all  the  adult 

6215  m ale  Indians  occupying  or  interested  in  the  same  ;  and  no  ces- 

6216  sion  by  the  tribe  shall  be  understood  or  construed  in  such  man- 

6217  uer  as  to  deprive,  without  his  consent,  any  individual  member 

6218  of  the  tribe  of  Ms  right  to  any  tract  of  land  selected  by  him,  as 

6219  hereinbefore  pro\ .  'ed. 

6220  .ARTICLE  J.  It  k  agreed  that  the  sum  of  five  hundred  dol- 

6221  lars  anniu  I;y  f  jr  three  years,  from  the  date  when  they  com- 


141 

6222  menced  to  cultivate  a  furm,  shall  be  expended  in  presents  to  the 

6223  ten  persons  of  said  tribe  who,  in  the  judgment  of  the  agent, 

6224  may  grow  the  most  valuable  crops  for  the  respective  year. 

6225  Proclaimed  25th  August,  1868. 


6226  .CHIPPEWAS. 


6227  Articles  of  a  treaty  made  and  concluded  at  Sayinaw,  in  the  Terri- 

6228  tory  of  Michigan,  between  the  United  States  of  America,  by 

6229  their  commissioner,  Lewis  Cass,  and  the  Chippeica  Nation  of 

6230  Indians. 

6231  ARTICLE  1.  The  Chippewa  Nation  of  Indians,  in  considera- 

6232  tion  of  the  stipulations  herein  made  on  the  part  of  the  United 

6233  States,  do  hereby,  forever,  cede  to  the  United  States  the  laud 

6234  comprehended  within  the  following  lines  and  boundaries  :   Be- 

6235  ginning  at  a  point  in  the  present  Indian  boundary -line,  which 

6236  runs  due  north  from  the  mouth  of  the  Great  Auglaize  River,  six 

6237  miles  south  of  the  place  where  the  base  line,  so  called,  inter- 

6238  sects  the  same;  thence  west  sixty  miles;  thence  in  a  direct  line 

6239  to  the  head  of  Thunder  Bay  River  ;  thence  down  the  same,  fol 

6240  lowing  the  courses  thereof,  to  the  mouth;  thence  northeast  to 

6241  the  boundary-line  between  the  United  States  and  the  British 

6242  Province  of  Upper  Canada  ;   thence  with  the  same  to  the  line 

6243  established  by  the  treaty  of  Detroit,  in  the  year  one  thousand 

6244  eight  hundred  and  seven  ;  thence  with  the  said  line  to  the  place 

6245  of  beginning. 

6246  ARTICLE  2.  From  the  cession  aforesaid  the  following  tracts 

6247  of  land  shall  be  reserved  for  the  use  of  the  Chippewa  Nation  of 

6248  Indians : 

6249  One  tract,  of  eight  thousand  acres,  on  the  east  side  of  the 

6250  river  An  Sable,  near  where  the  Indians  now  live. 

6251  One  tract,  of  two  thousand  acres,  on  the  river  Mesagwisk. 

6252  One  tract,  of  six  thousand  acres,  on  the  north  side  of  the 

6253  river  Kawkawling,  at  the  Indian  village. 

6254  One  tract,  of  Jive  thousand  seven  hundred  and  sixty  acres, 

6255  upon  the  Flint  River,  to  include  Reaum's  village  and  a  place 

6256  called  Kishkawbawee. 

6257  One  tract,  of  eight  thousand  acres,  on  the  head  of  the  river 

6258  Huron,  which  empties  into  the  Saginaw  River  at  the  village  of 

6259  Otusson. 

6260  One  island  in  the  Saginaw  Bay. 

6261  One  tract,  of  two  thousand  acres,  where  Nabobask  formerly 

6262  lived. 


142 

6263  One  tract,  of  one  thousand  acres,  near  the  island  in  the 

6264  Saginaw  Eiver. 

6265  One  tract,  of  six  hundred  and  forty  acres,  at  the  bend  of 

6266  the  river  Huron,  which  empties  into  the  Saginaw  River. 

6267  One  tract,  of  two  thousand  acres,  at  the  mouth  of  Point 

6268  Augrais  Eiver. 

6269  One  tract,  of  one  thousand  acres,  on  the  river  Huron,  at 

6270  Menoequet's  village. 

6271  One  tract,  of  ten  thousand  acres,  on  the  Shawassee  River, 

6272  at  a  place  called  the  Big  Rock. 

6273  One  tract,  of  three  thousand  acres,  on  the  Shawassee  River, 

6274  at  Ketchewauudangeuink. 

6275  One  tract,  of  six  thousand  acres,  at  the  Little  Forks  on  the 

6276  Tetabawasink  River. 

6277  One  tract,  of  six  thousand  acres,  at  the  Black  Bird's  town, 

6278  on  the  Tetabawasink  River. 

6270  One  tract,  of  forty  thousand  acres,  on  west  side  of  the  Sagi- 

6280  naw  River,  to  be  hereafter  located. 

6281  ARTICLE  3.  There  shall  be  reserved,  for  the  use  of  each  of 

6282  the  persons  hereinafter  mentioned  and  their  heirs,  which  per- 

6283  sons  are  all  Indians  by  descent,  the  following  tracts  of  laud : 

6284  For  the  use  of  John  Riley,  the  son  of  Menawcuinegoqua,  a 

6285  Chippewa  woman,  six  hundred  and  forty  acres  of  land,  beginning 

6286  at  the  head  of  the  first  marsh  above  the  mouth  of  the  Saginaw 

6287  River,  on  the  east  side  thereof. 

6288  For  the  use  of  Peter  Riley,  the  son  of  Menawcuniegoqua,  a 
6280  Chippewa  woman,  six  hundred  and  forty  acres  of  laud,  beginning 

6200  above  and  adjoining  the  apple-trees  on  the  west  side  of  the  Sagi- 

6201  naw  River,  and  running  up  the  same  for  quantity. 

6202  For  the  use  of  James  Riley,  the  son  of  Menawciuuegoqua,  a 

6203  Chippewa  woman,  six  hundred  and  forty  acres,  beginning  on  the 

6204  east  side  of  the  Saginaw  River,  nearly  opposite  to  Campeau's 

6205  trading-house,  and  running  up  the  river  for  quantity. 

6206  For  the  use  of  Kawkawiskou,  or  the  Crow,  a  Chippewa  chief, 

6207  six  hundred  and  forty  acres  of  land,  on  the  east  side  of  the  Sagi- 

6208  naw  River,  at  a  place  called  Meuitegow,  and  to  include,  in  the 
6200  said  six  hundred  and  forty  acres,  the  island  opposite  to  the  said 

6300  place. 

6301  For  the  usa  of  ^Nowokeshik,  Metawaneue,  Mokitchenoqua, 

6302  Noudashemau,  Petabonaqua,  Messawwakut,  Checbalk,  Kitche- 

6303  geequa,  Sagosequa,  Anuoketoqua,  and  Tawcumegoqua,  each,  six 

6304  hundred  and  forty  acres  of  land,  to  be  located  at  and  near  the 

6305  grand  traverse  of  the  Flint  River,  in  such  manner  as  the  Presi- 

6306  dent  of  the  United  States  may  direct. 

6307  For  the  use  of  the  children  of  Bokowtouden,  six  hundred 

6308  and  forty  acres,  on  the  Kawtawliug  River. 


143 

6309  ARTICLE  4.  In  consideration  of  the  cession  aforesaid,  the 

6310  United  States  agree  to  pay  to  the  Chippewa  Nation  of  Indians, 

6311  annually,  forever,  the  sum  of  one  thousand  dollars  in  silver  • 

6312  and  do  also  agree  that  all  annuities  due  by  any  former  treaty  to 

6313  the  said  tribe  shall  be  hereafter  paid  in  silver. 

6314  ARTICLE  5.   The  stipulation  contained  in  the  treaty  of 

6315  Greenville,  relative  to  the  right  of  the  Indians  to  hunt  upon 

6316  the  land  ceded,  while  it  continues  the  property  of  the  United 

6317  States,  shall  apply  to  this  treaty  5  and  the  Indians  shall,  for  the 

6318  same  term,  enjoy  the  privilege  of  making  sugar  upon  the  same 

6319  land,  committing  no  unnecessary  waste  upon  the  trees. 

6320  ARTICLE  6.  The  United  States  agree  to  pay  to  the  Indians 

6321  the  value  of  any  improvements  which  they  may  be  obliged  to 

6322  abandon,  in  consequence  of  the  lines  established  by  this  treaty, 

6323  and  which  improvements  add  real  value  to  the  land. 

6324  ARTICLE  7.  The  United  States  reserve  to  the  proper  author- 

6325  ity  the  right  to  make  roads  through  any  part  of  the  land  re- 

6326  served  by  this  treaty. 

6327  ARTICLE  8.  The  United  States  engage  to  provide  and  sup- 

6328  port  a  blacksmith  for  the  Indians,  at  Saginaw,  so  long  as  the 

6329  President  of  the  United  States  may  think  proper,  and  to  fur- 

6330  nish  the  Chippewa  Indians  with  such  farming  utensils  and  cat- 

6331  tie,  and  to  employ  such  persons  to  aid  them  in  their  agriculture, 

6332  as  the  President  may  deem  expedient. 

6333  ARTICLE  9.  This  treaty  shall  take  eifect,  and  be  obligatory  on 
6331  the  contracting  parties,  so  soon  as  the  same  shall  be  ratified  by 

6335  the  President  of  the  United  States,  by  and  with  the  advice  and 

6336  consent  of  the  Senate  thereof. 

6337  Proclaimed  March  25.  1820. 


6338  Articles  of  a  treaty  made  and  concluded  at  the  SauU  de  Saint  Marie, 

6339  in  the  Territory  of  Michigan,  between  the  United  States,  by 

6340  their  commissioner,  Lewis  Cass,  and  the  Chippeway  tribe  of 

6341  Indians. 

6342  ARTICLE  1.  The  Chippeway  tribe  of  Indians  cede  to  the 

6343  United  States  the  following  tract  of  land  :  beginning  at  the  Big 

6344  Kock,  in  the  river  St.  Mary's,  on  the  boundary-line  between 

6345  the  United  States  and  the  British  Province  of  Upper  Canada ; 

6346  and,  running  thence  down  the  said  river,  with  the  middle  thereof, 

6347  to  the  Little  Rapid  ;  and,  from  those  points,  running  back  from 

6348  the  said  river,  so  as  to  include  sixteen  square  miles  of  land. 

6349  ARTICLE  2.  The  Chippeway  tribe  of  Indians  acknowledge 

6350  to  have  received  a  quantity  of  goods  in  full  satisfaction  of  the 

6351  preceding  cession. 

6352  ARTICLE  3.  The  United  States  will  secure  to  the  Indians  a 


144 

6353  perpetual  right  of  fish  ing 'at  the  falls  of  Saint  Mary's,  and  also 

6354  a  place  of  encampment  npon  the  tract  hereby  ceded,  convenient 

6355  to  the  fishing  ground,  which  place  shall  not  interfere  with  the 

6356  defenses  of  any  military  work  which  may  be  erected,  nor  with 

6357  any  private  rights. 

6358  ARTICLE  4.  This  treaty,  after  the  same  shall  be  ratified  by 

6359  the  President  of  the  United  States,  by  and  with  the  advice  and 

6360  consent  of  the  Senate  thereof,  shall  be  obligatory  on  the  con- 

6361  tracting  parties. 

6362  Proclaimed  March  2,  1821. 

6363  Articles  of  a  treaty  made  and  concluded  at  the  Font  du  Lac  of  Lake 

6364  Superior,  this  fifth  day  of  August,  in  the  year  of  our  Lord  one 

6365  thousand  eight  hundred  and  twenty-six,  between  Leicis  Cass  and 

6366  Thomas  L.  McKenney,  commissioners  on  the  part  of  the  United 

6367  States,  and  the  Chippewa  tribe  of  Indians. 

6368  Whereas  a  treaty  was  concluded  at  Prairie  dn  Chien  in  Au- 

6369  gust  last,  by  which  the  war,  which  has  been  so  long  carried  on, 

6370  to  their  mutual  distress,  between  the  Chippewas  and  Sioux,  was 

6371  happily  terminated  by  the  intervention  of  the  United  States; 

6372  and  whereas,  owing  to  the  remote  and  dispersed  situation  of  the 

6373  Chippewas,  full  deputations  of  their  different  bands   did   not 

6374  attend  at  Prairie  du  Chien,  which  circumstance,  from  the  loose 

6375  nature  of  the  Indian  government,  would  render  the  treaty  of 

6376  doubtful  obligation  with  respect  to  the  bands  not  represented; 

6377  and  whereas,  at  the  request  of  the  Chippewa  chiefs,  a  stipula- 

6378  tion  was  inserted  in  the  treaty  of  Prairie  du  Chien,  by  which 

6379  the  United  States  agreed  to  assemble  the  Chippewa  tribe  upon 

6380  Lake  Superior  during  the  present  year,  in  order  to  give  full 

6381  effect  to  the  said  treaty,  to  explain  its  stipulations,  and  to  call 

6382  upon  the  whole  Chippewa  tribe,  assembled  at  their  general 

6383  council-fire,  to  give  their  formal  assent  thereto,  that  the  peace 

6384  which  has  been  concluded  may  be  rendered  permanent:  There- 

6385  fore— 

6386  ARTICLE  1.  The  chiefs  and  warriors  of  the  Chippewa  tribe 

6387  of  Indians  hereby  fully  assent  to  the  treaty  concluded  in  August 

6388  last  at  Prairie  du  Chien,  and  engage  to  observe  and  fulfil  the 

6389  stipulations  thereof. 

6390  ARTICLE  2.  A  deputation  shall  be  sent  by  the  Chippewas 

6391  to  the  treaty  to  be  held  in  1827,  at  Green  Bay,  with  full  power 

6392  to  arrange  and  fix  the  boundary-line  between  the  Chippewas 

6393  and  the  Wiunebagoes  and  Menomonees,  which  was  left  incom- 

6394  plete  by  the  treaty  of  Prairie  du  Chien,  in  consequence  of  the 

6395  non-attendance  of  some  of  the  principal  Menoinonee  chiefs. 

6396  ARTICLE  3.  The  Chippewa  tribe  grant  to  the  Government 


145 

0397  of  the  United  States  the  right  to  search  for,  and  carry  away, 

6398  any  metals  or  minerals  from  any  part  of  their  country.    But 

0399  this  grant  is  not  to  affect  the  title  of  the  land  nor  the  existing 

0400  jurisdiction  over  it. 

0401  ARTICLE  4.  It  being  deemed  important  that  the  half-breeds 

0402  scattered  through  this  extensive  country  should  be  stimulated 

0403  to  exertion  and  improvement  by  the  possession  of  permanent 

0404  property  and  fixed  residences,  the  Chippewa  tribe,  in  consider- 

0405  ation  of  the  affection  they  bear  to  these  persons,  and  of  the 
0400  interest  which  they  feel  in  their  welfare,  grant  to  each  of  the 

0407  persons  described  in  the  schedule  hereunto  annexed,  being  half- 

0408  breeds  and  Chippewas  by  descent,  and  it  being  understood  that 

0409  the  schedule  includes  all  of  this  description  who  are  attached 

0410  to  the  Government  of  the  United  States,  six  hundred  and  forty 

0411  acres  of  land,  to  be  located,  under  the  direction  of  the  Presi- 

0412  dent  of  the  United  States,  upon  the  islands  and  shore  of  the 

0413  St.  Mary's  Kiver,  wherever  good  land  enough  for  this  purpose 

0414  can  be  found ;  and  as  soon  as  such  locations  are  made,  the  juris- 
6415  diction  and  soil  thereof  are  hereby  ceded.    It  is  the  intention 
0410  of  the  parties  that,  where  circumstances  will  permit,  the  grants 

0417  be  surveyed  in  the  ancient  French  manner,  bounding  not  less 

0418  than  six  arpens  nor  more  than  ten  upon  the  river,  and  running 

0419  back  for  quantity;  and  that  where  this  cannot  be  done,  such 

0420  grants  be  surveyed  in  any  manner  the  President  may  direct. 

0421  The  locations  for  Oshauguscodaywayqua  and  her  descendants 

0422  shall  be  adjoining  the  lower  part  of  the  military  reservation , 

0423  and  upon  the  head  of  Sugar  Island.    The  persons  to  whom 

0424  grants  are  made  shall  not  have  the  privilege  of  conveying  the 

0425  same  without  the  permission  of  the  President. 

0420  ARTICLE  5.  In  consideration  of  the  poverty  of  the  Chippe- 

0427  was,  and  of  the  sterile  nature  of  the  country  they  inhabit,  unfit 

0428  for  cultivation,  and  almost  destitute  of  game,  and  as  a  proof  of 

0429  regard  on  the  part  of  the  United  States,  it  is  agreed  that  an 

0430  annuity  of  two  thousand  dollars,  in  money  or  goods,  as  the 

0431  President  may  direct,  shall  be  paid  to  the  tribe,  at  the  Sault  St. 

0432  Marie.     Bat  this  annuity  shall  continue  only  during  the  pleas- 

0433  ure  of  the  Congress  of  the  United  States. 

0434  ARTICLE  0.  With  a  view  to  the  improvement  of  the  Indian 

0435  youths,  it  is  also  agreed  that  an  annual  sum  of  one  thousand 
0430  dollars  shall  be  appropriated  to  the  support  of  an  establishment 

0437  for  their  education,  to  be  located  upon  some  part  of  the   St. 

0438  Mary's  River,  and  the  money  to  be  expended  under  the  direc- 

0439  tion  of  the  President ;  and  for  the  accommodation  of  such  school, 

0440  a  section  of  land  is  hereby  granted.     But  the  payment  of  the 
6441  one  thousand  dollars  stipulated  for  in  this  article  is  subject  to 
0442  the  same  limitation  described  in  the  preceding  article. 

19  I  T 


146 

6443  ARTICLE  7.  The  necessity  for  the  stipulations  in  the  fourth, 

6444  fifth,  and  sixth  articles  of  this  treaty  could  be  fully  apparent 
0445  only  from  personal  observation  of  the  condition,  prospects,  and 

6446  wishes  of  the  Chippewas,  and  the  commissioners  were  therefore 

6447  not  specifically  instructed  upon  the  subjects  therein  referred  to; 

6448  but  seeing  the  extreme  poverty  of  these  wretched  people,  find- 

6449  ing  them   almost  naked  and  starving,  and  ascertaining  that 

6450  many  perished  during  the  last  winter,  from  hunger  and  cold, 

6451  they  were  induced  to  insert  these  articles.    But  it  is  expressly 

6452  understood  and  agreed  that  the  fourth,  fifth,  and  sixth  articles, 

6453  or  either  of  them,  may  be  rejected  by  the  President  and  Senate, 
5454  without  affecting  the  validity  of  the  other  articles  of  the  treaty. 

6455  ARTICLE  8.  The  Chippewa  tribe  of  Indians  fully  acknowl- 

6456  edge  the  authority  and  jurisdiction  of  the  United  States,  and 

6457  disclaim  all  connection  with  any  foreign  power,  solemnly  prom- 

6458  ising  to  reject  any  messages,  speeches,  or  councils, 'incompatible 

6459  with  the  interest  of  the  United  States,  and  to  communicate  in- 

6460  formation  thereof  to  the  proper  agent,  should  any  such  be  deliv- 

6461  ered  or  sent  to  them. 

6462  ARTICLE  9.  This  treaty,  after  the  same  shall  be  ratified 

6463  by  the  President  and  Senate  of  the  United  States,  shall  be  oblig- 

6464  atory  on  the  contracting  parties. 

6465  Proclaimed  February  27,  1827. 


6466  Supplementary  Article. 

6467  As  the  Chippewas  who  committed  the  murder  upon  four 

6468  American  citizens,  in  June,  1824,  upon  the  shores  of  Lake  Pepin, 

6469  are  not  present  at  this  council,  but  are  far  in  the  interior  of  the 

6470  country,  so  that  they  cannot  be  apprehended  and  delivered  to 

6471  the  proper  authority  before  the  commencement  of  the  next  suin- 

6472  rner ;  and  as  the  commissioners  have  been  specially  instructed 

6473  to  demand  the  surrender  of  these  persons,  and  to  state  to  the 

6474  Chippewa  tribe  the  consequence  of  suffering  such  a  flagitious 

6475  outrage  to  go  unpunished,  it  is  agreed  that  the  persons  guilty 

6476  of  the  beforementioned  murder  shall  be  brought  in,  either  to  the 

6477  Sault  St.  Marie  or  Green  Bay,  as  early  next  summer  as  practi- 

6478  cabte,  and  surrendered  to  the  proper  authority  ;  and  that,  in  the 

6479  mean  time,  all  further  measures  on  the  part  of  the  United  States 

6480  in  relation  to  this  subject  shall  be  suspended. 

6481  (Schedule  referred  to  in  the  preceding  treaty. 

6482  To  Oshauguscodaywagqua,  wife  of  John  Johnston,  esq.,  to 

6483  each  of  her  children,  and  to  each  of  her  grandchildren,  one  sec- 

6484  tion, 


147 

6485  To  Saugemauqua,  widow  of  the  late  John  Baptiste  Cadotte, 

6486  and  to  her  children,  Lonison,  Sophia,  Archangel,  Edward,  and 

6487  Polly,  one  section  each. 

6488  To  Keneesequa,  wife  of  Samuel  Ashman,  and  to  each  of  her 

6489  children,  one  section. 

6490  To  Teegaushau,  wife  of  Charles  H.  Oakes,  and  to  each  of  her 

6491  children,  one  section. 

6492  To  Thomas  Shaw,  son  of  Obirnetuuoqua,  and  to  his  wife 

6493  Mary,  being  also  of  Indian  descent,  each  one  section. 

6494  To  Fanny  Levake,  daughter  of  Meeshwauqua,  and  to  each 

6495  of  her  children,  one  section. 

6496  To  Obayshaunoquotoqua,  wife  of  Francis  Goolay,  jr.,  one 

6497  section. 

6498  To  Oniuckackeence,  wife  of  John  Holiday,  and  to  each  of 

6499  her  children,  one  section. 

6500  To  Obiinegeezhigoqua,  wife  of  Joseph  Due  Cheiie,  jr.,  and 

6501  to  each  of  her  children,  one  section. 

6502  To  Mouedoqua,  wife  of  Charles  Cloutier,  one  section. 

6503  To  Susan  Yarns,  daughter  of  Odaubitogeezhigoqua,  one 

6504  section. 

6505  To  Henry  Sayer  and  John  Sayer,  sons  of  Obemau  unoqua, 

6506  each  one  section. 

6507  To  each  of  the  children  of  John  Tanner,  being  of  Chippewa 

6508  descent,  one  section. 

6509  To  Wassidjeewuuoqua,  and  to  each  of  her  children,  by 

6510  George  Johnston,  one  section. 

6511  To  Michael  Cadotte,  senior,  son  of  Equawaice,  one  section. 

6512  To  Equaysayway,  wife  of  Michael  Cadotte,  senior,  and  to 

6513  each  of  her  children  living  within  the  United  States,  one  sec- 

6514  tion. 

6515  To  each  of  the  children  of  Charlotte  Warren,  widow  of  the 

6516  late  Truman  A.  Warren,  one  section. 

6517  To  Mary  Chapman,  daughter  of  Equameeg,  and  wife  of 

6518  Bela  Chapman,  and  to  each  of  her  children,  one  section. 

6519  To  Saganoshequa,  wife  of  John  H.  Fairbanks,  and  to  each 

6520  of  her  children,  one  section. 

6521  To  Shauglmnornonee,  wife  of  William  Morrison,  and  to  each 

6522  of  her  children,  one  section. 

6523  To  each  of  the  children  of  the  late  Ingwaysuh,  wife  of  Jo- 

6524  seph  Cote,  one  section. 

6525  To  each  of  the  children  of  Angelique  Cote,  late  wife  of 

6526  Pierre  Cote,  one  section. 

6527  To  Pazhikwutoqua,  wife  of  William  Aitken,  and  to  each  of 

6528  her  children,  one  section. 

6529  To  Susan  Davenport,  grand-daughter  of  Misquabunoqua, 


148 

6530  aiid  wife  of  Ambrose  Davenport,  and  to  eacli  of  her  children, 

6531  one  section. 

6532  To  Waubunequa,  wife  of  Augustin  Belanger,  and  to  each 

6533  of  her  children,  one  section. 

6534  To  Charlotte  Louisa  Morrison,  wife  of  Allan  Morrison,  and 

6535  daughter  of  Manitowidjewung,  and  to  each  of  her  children,  one 

6536  section. 

6537  To  each  of  the  children  of  Eustace  Eoussain,  by  Shauwu- 

6538  naubunoqua,  Wauwaussnmoqua,  and  Payshaubunoqua,  one  sec- 

6539  tion. 

6540  To  Isabella  Diugley,  wife  of  Daniel  Diugley,  and  daughter 

6541  of  Pimegeezhigoqua,  and  to  each  of  her  children,  one  section. 

6542  To  George  Birkhead,  being  a  Chippewa  by  descent,  one 

6543  section. 

6544  To  Susan  Conner,  wife  of  Thomas  Conner,  and  daughter  of 

6545  Pimegeezhigoqua,  and  to  each  of  her  children,  one  section. 

6546  To  the  children  of  George  Ermatinger,  being  of  Shawnee 

6547  extraction,  two  sections  collectively. 

6548  To  Ossinahjeeunoqua,  wife  of  Michael  Cadotte,  jr.,  and  to 

6549  each  of  her  children,  one  section. 

6550  To  Minedemoeyah,  wife  of  Pierre  Duvernay,  one  section. 

6551  To  Ogeeinaugeezhigoqua,  wife  of  Basil  Boileau,  one  sec- 

6552  tion. 

6553  To  Wauneaussequa,  wife  of  Paul  Boileau,  one  section. 

6554  To  Kaukaubesheequa,  wife  of  John  Baptiste  Corbean,  one 

6555  section. 

6556  To  John  Baptiste  Du  Chene,  son  of  Pimegeizhigoqua,  one 

6557  section. 

6558  To  each  of  the  children  of  Ugwudaushee,  by  the  late  Tru 

6559  man  A.  Warren,  one  section. 

6560  To  William  Warren,  son  of  Lyman  M.  Warren  and  Mary 

6561  Cadotte,  one  section. 

6562  To  Antoine,  Joseph,  Louis,  Chalot,  and  Margaret  Charette, 

6563  children  of  Equameeg,  one  section. 

6564  To  the  children  of  Francois  Boutcher,  by  Waussequa,  each 

6565  one  section. 

6566  To  Angelique  Brabeut,  daughter  of  Waussegundum,  and 

6567  wife  Qf  Alexis  Brabent,  one  section. 

6568  To  Odishqua,  of  Sault  St.  Marie,  a  Chippewa  of  unmixed 

6569  blood,  one  section. 

6570  To  Pamidjeewung,  of  Sault  St.  Marie,  a  Chippewa  of  un- 

6571  mixed  blood,  one  section. 

6572  To  Waybossinoqua  and  John    J.  Wayishkee,  children   of 

6573  Wayishkee,  each  one  section. 

6574  LEWIS  CASS, 

6575  TIIOS.  L.  M'KENNEY. 


149 

6576  Articles  of  a  treaty  made  and  concluded  at  St.  Peters  (the  conflu- 

6577  ence  of  the  St.  Peters  and  Mississippi  Rivers)  in  the  Territory 

6578  of  Wisconsin,  between  the  United  States  of  America,  by  their 

6579  commissioner,  Henry  Dodge,  governor  of  said  Territory,  and 

6580  the  Chippewa  Nation  of  Indians,  by  their  chiefs  and  head- 

6581  men. 

6582  ARTICLE  1.  The  said  Chippewa  Nation  cede  to  the  United 

6583  States  all  that  tract  of  country  included  within  the  following 

6584  boundaries : 

6585  Beginning  at  the  junction  of  the  Crow  Wing  and  Missis- 

6586  sippi  Bivers,  between  twenty  and  thirty  miles  above  where  the 

6587  Mississippi  is  crossed  by  the  forty-sixth  parallel  of  north  lati- 

6588  tude,  and  running  thence  to  the  north  point  of  Lake  St.  Croix, 

6589  one  of  the  sources  of  the  St.  Croix  Biver;  thence  to  and  along 

6590  the  dividing  ridge  between  the  waters  of  Lake  Superior  and 

6591  those  of  the  Mississippi,  to  the  sources  of  the  Ocha-sua-sepe,  a 

6592  tributary  of  the  Chippewa  Biver ;    thence  to  a  point  on  the 

6593  Chippewa  Biver,  twenty  miles  below  the  outlet  of  Lake  Do 

6594  Flambeau;  thence  to  the  junction  of  the  Wisconsin  and  Pelican 

6595  Bivers;    thence  on  an  east  course  twenty-five  miles;   thence 

6596  southerly,  on  a  course  parallel  with  that  of  the  Wisconsin 

6597  Biver,  to  the  line  dividing  the  territories  of  the  Chippewas  and 

6598  Menomonies;  thence  to  the  Plover  Portage;   thence  along  the 

6599  southern  boundary  of  the  Chippewa  country,  to  the  commence- 

6600  ment  of  the  boundary-line  dividing  it  from  that  of  the  Sioux, 

6601  half  a  day's  march  below  the  falls  on  the  Chippewa  Biver; 

6602  thence  with  said  boundary-line  to  the  mouth  of  Wah-tap  Biver 

6603  at  its  junction  with  the  Mississippi ;  and  thence  up  the  Missis 

6604  sippi  to  the  place  of  beginning. 

6605  ARTICLE  2.  In  consideration  of  the  cession  aforesaid,  the 

6606  United  States  agree  to  make  to  the  Chippewa  Nation,  annually, 

6607  for  the  term  of  twenty  years,  from  the  date  of  the  ratification  of 

6608  this  treaty,  the  following  payments  : 

6609  1.  Nine  thousand  five  hundred  dollars,  to  be  paid  in  money. 

6610  2.  Nineteen  thousand  dollars,  to  be  delivered  in  goods. 

6611  3.  Three  thousand  dollars  for  establishing  three  blacksmiths 

6612  shops,  supporting  the  blacksmiths,  and  furnishing  them  with 

6613  iron  and  steel. 

6614  4.  One  thousand  dollars  for  farmers,  and  for  supplying  them 

6615  and  the  Indians  with  implements  of  labor,  with  grain  or  seed ; 

6616  and  whatever  else  may  be  necessary  to  enable  them  to  carry  on 

6617  their  agricultural  pursuits. 

6618  5.  Two  thousand  dollars  in  provisions. 

6619  6.  Five  hundred  dollars  in  tobacco. 

6620  The  provisions  and  tobacco  to  be  delivered  at  the   same 


150 

6621  time  with  the  goods,  and  the  money  to  be  paid  5  which  time  or 

6622  times,  as  well  as  the  place  or  places  where  they  are  to  be  deliv- 

6623  ered,  shall  be  fixed  upon  under  the  direction  of  the  President  ot 

6624  the  United  States. 

6625  The  blacksmiths-shops  to  be  placed  at  such  points  in  the 

6626  Chippewa  country  as  shall  be  designated  by  the  superintendent 

6627  of  Indian  affairs,  or  under  his  direction. 

6628  If,  at  the  expiration  of  one  or  more  years,   the  Indians 

6629  should  prefer  to  receive  goods,  instead  of  the   nine  thousand 

6630  dollars  agreed  to  be  paid  to  them  in  money,  they  shall  be  at  lib- 

6631  erty  to  do  so.    Or,  should  they  conclude  to  appropriate  a  por- 

6632  tion  of  that  annuity  to  the  establishment  and  support  of  a  school 

6633  or  schools  among  them,  this  shall  be  granted  them. 

6634  ARTICLE  3.  The  sum  of  one  hundred  thousand  dollars  shall 

6635  be  paid,  by  the  United  States,  to  the  half-breeds  of  the  Chip- 

6636  pewa  Nation,  under  the  direction  of  the  President.    It  is  the 

6637  wish  of  the  Indians  that  their  two  sub-agents,  Daniel  P.  Bush- 

6638  nell  and  Miles   M.   Vineyard,  superintend  the  distribution  of 

6639  this  money  among  their  half-breed  relations. 

6640  ARTICLE  4.  The  sum  of  seventy  thousand   dollars   shall 

6641  be  applied  to  the  payment,  by  the  United  States,  of  certain 

6642  claims  against  the  Indians;    of   which  amount  twenty-eight 

6643  thousand  dollars  shall,  at  their  request,  be  paid  to  William  A- 

6644  Aitkin,  twenty-five  thousand  to  Lyman  M.  Warren,  aud  the  bal- 

6645  ance  applied  to  the  liquidation  of  other  just  demands  against 

6646  them — which  they  acknowledge  to  be  the  case  with  regard  to 

6647  that  presented  by  Hurcules  L.  Dousman,  for  the  sum  of  five 

6648  thousand  dollars  ;  and  they  request  that  it  be  paid. 

6649  ARTICLE  5.  The  privilege  of  hunting,  fishing,  and  gathering 

6650  the  wild  rice  upon  the  lands,  the  rivers,  and  the  lakes  included  in 

6651  the  territory  ceded,  is  guaranteed  to  the  Indians  during  the 

6652  pleasure  of  the  President  of  the  United  States. 

6653  ARTICLE  6.  This  treaty  shall  be  obligatory  from  and  after 

6654  its  ratification  by  the  President  and  Senate  of  the  United  States. 

6655  Proclaimed  June  15, 1828. 

6656  CHIPEWAS,  OTTAWAS,  AND  POTTO WOTOMIES. 

6657  A  treaty  of  peace,  friendship^  and  limits,  made  and  concluded 

6658  between    Ninian    Edwards,    William    Clark,    and    Augustc 

6659  Chouteau,  commissioners  plenipotentiary  of  the  United  States 

6660  of  America,  on  the  part  and  behalf  of  said  States,  of  the 

6661  one  part,  and  the  chiefs  and  ivarriors  of  the  united  tribes  oj 

6662  Ottaicas,  Chipawas,  and  Potto ivotomces,  residing  on  the  Illinois 

6663  and  Mehvalcee  Rivers,  and  their  icaters,  and  on  the  south  icefttern 

6664  parts  of  Lake  Michif/an,  of  the  other  part. 


151 

6005  AYhereas  a  serious  dispute  has  for  some  time  past  existed 

6000  between  the  contracting  parties  relative  to  the  right  to  a  part 

0667  of  the  lands  ceded  to  the  United  States  by  the  tribes  of  Sacs 

0668  and  Foxes,  on  the  third  day  of  November,  one  thousand  eight 

6669  hundred  and  four,  and  both  parties  being  desirous  of  preserving 

6670  a  harmonious  and  friendly  intercourse,  and  of  establishing  per- 

6671  mauent  peace  and  friendship,  have,  for  the  purpose  of  removing 

6672  all  difficulties,  agreed  to  the  following  terms  : 

6673  ARTICLE  1.  The  said  chiefs  and  warriors,  for  themselves 

6674  and  the  tribes  they  represent,  agree  to  relinquish,  and  hereby 

6675  do  relinquish,  to   the  United  States,  all  their  right,  claim,  and 

6676  title  to  all  the  laud  contained  in  the  before-mentioned  cession 

6677  of  the  Sacs  and  Foxes,  which  lies  south  of  a  due  west  line  from 

6678  the  southern  extremity  of  Lake  Michigan  to  the  Mississippi 

6679  Eiver.    And  they  moreover  cede  to  the  United  States  all  the 

6680  land  contained  in  the  following  bounds,  to  wit :  beginning  on 

6681  the  left  bank  of  the  Fox  Eiver  of  Illinois,  ten  miles  above  the 

6682  mouth  of  said  Fox  Eiver ;  thence  running  so  as  to  cross  Sandy 

6683  Creek,  ten  miles  above  its  mouth  ;  thence,  in  a  direct  line,  to  a 

6684  point  ten  miles  north  of  the  west  end  of  the  portage  between 

6685  Chicago  Creek,  which  empties  into  Lake  Michigan,  and  the  river 

6686  Depleine,  a  fork  of  the  Illinois  ;  thence,  in  a  direct  line,  to  a 

6687  point  on  Lake  Michigan,  ten  miles  northward  of  the  mouth  of 

6688  Chicago  Creek  5  thence,  along  the  lake,  to  a  point  ten  miles 

6689  southward  of  the  mouth  of  the  said  Chicago  Creek ;  thence, 

6690  in  a  direct  line,  to  a  point  on  the  Kankakee,  ten  miles  above  its 

6691  mouth ;  thence,  with  the  said  Kankakee  and  the  Illinois  Kiver, 

6692  to  the  mouth  of  Fox  Eiver,  and  thence  to  the  beginning :  Pro- 

6693  videdj  nevertheless,  That  the  said  tribes  shall  be  permitted  to 

6694  hunt  and  to  fish   within  the  limits  of  the  land  hereby  relin- 

6695  quished  and  ceded,  so  long  as  it  may  continue  to  be  the  property 

6696  of  the  United  States. 

6697  ARTICLE  2.  In  consideration  of  the  aforesaid  relinquish  me  ut 

6698  and  cession,  the  United  States  have  this  day  delivered  to  said 

6699  tribes  a  considerable  quantity  of  merchandise,  and  do  agree  to 

6700  pay  them,  annually,  for  the  term  of  twelve  years,  goods  to  the 

6701  value  of  one  thousand  dollars,  reckoning  that  value  at  the  first 

0702  cost  of  the  goods  in  the  city  or  place  in  which  they  shall  be  pur- 

0703  chased,   without  any  charge  for  transportation ;    which  said 

0704  goods  shall  be  delivered  to  the  said  tribes  at  some  place  on  the 

0705  Illinois  Eiver,  not  lower  down  than  Peoria.    And  the  said  United 
0700  States  do  moreover  agree  to  relinquish  to  the  said  tribes  all  the 
0707  land  contained  in  the  aforesaid  cession  of  the  Sacs  and  Foxes, 

6708  which  lies  north  of  a  due  west  line  from  the  southern  extremity 

6709  of  Lake  Michigan  to  the  Mississippi  Eiver,  except  three  leagues 

6710  square  at  the  mouth  of  the  Ouisconsing  Eiver,  including  both 


152 

6711  banks,  and  suck  other  tracts,  oil  or  near  to  the  Ouiseonsing  and 

6712  Mississippi  Elvers,  as  the  President  of  the  United  States  may 
0713  think  proper  to  reserve  :  Provided,  That  such  other  tracts  shall 

6714  not  in  the  whole  exceed  the  quantity  that  would  be  contained  in 

6715  five  leagues  square. 

6716  ARTICLE  3.  The  contracting  parties,  that  peace  and  friend 

6717  ship  may  be  permanent,  promise  that  in  all  things  whatever 

6718  they  will  act  with  justice  and  correctness  toward  each  other, 

6719  and  that  they  will,  with  perfect  good  faith,  fulfill  all  the  obliga- 

6720  tions  imposed  upon  them  by  former  treaties. 


6721  Proclaimed  December  30,4£3fr  / 


6722  Articles  of  a  treaty  made  and  concluded  at  Chicago,  in  the  State  of 

6723  Illinois,  between  Lewis  Cassand  Solomon  Sibley,  commissioners 

6724  of  the  United  States,  and  the  Ottawa,  Chippewa,  and  Pottawata- 

6725  mie  Nations  of  Indians. 

6726  ARTICLE  1.  The  Ottawa,  Chippewa,  and  Pottawatamie  Jsa. 
6726  tioiis  of  Indians  cede  to  the  United  States  all  the  land  compre- 

6728  hended  within  the  following  boundaries:  Beginning  at  a  point 

6729  on  the  south  bank  of  the  river  St.  Joseph  of  Lake  Michigan, 

6730  near  the  Pare  aux  Yaches,  due  north  from  Rum's  Tillage,  and 

6731  running  thence  south  to  a  line  drawn  due  east  from  the  southern 

6732  extreme  of  Lake  Michigan,  thence  with  the  said  line  east  to  the 

6733  tract  ceded  by  the  Pottawatamies  to  the  United  States  by  the 

6734  treaty  of  Fort  Meigs  in  1817,  if  the  said  line  should  strike  the 

6735  said  tract,  but  if  the  said  line  should  pass  north  of  the  said  tract, 

6736  then  such  line  shall  be  continued  until  it  strikes  the  western 

6737  boundary  of  the  tract  ceded  to  the  United  States  by  the  treaty 

6738  of  Detroit  in  1807,  and  from  the  termination  of  the  said  line, 

6739  following  the  boundaries  of  former  cessions,  to  the  main  branch 

6740  of  the  Grand  Eiver  of  Lake  Michigan,  should  any  of  the  said 

6741  lines  cross  the  said  river,  but  if  none  of  the  said  lines  should  cross 

6742  the  said  river,  then  to  a  point  due  east  of  the  source  of  the 

6743  said  main  branch  of  the  said  river,  and  from  such  point  due  west 

6744  to  the  source  of  the  said  principal  branch,  and  from  the  crossing 

6745  of  the  said  river,  or  from  the  source  thereof,  as  the  case  may  be, 

6746  down  the  said  river,  on  the  north  bank  thereof,  to  the  mouth  ; 

6747  thence  following  the  shore  of  Lake  Michigan  to  the  south  bank 

6748  of  the  said  river  St.  Joseph,  at  the  mouth  thereof,  and  thence 

6749  with  the  said  south  bank  to  the  place  of  beginning. 

6750  ARTICLE  2.  From  the  cession  aforesaid,  there  shall  be  re 

6751  served,  for  the  use  of  the  Indians,  the  following  tracts  : 

6752  One  tract  at  Mang-ach  qua  Village,  on  the  river  Peble,  of 

6753  six  miles  square. 

6754  One  tract  at  Mick-ke-saw-be,  of  six  miles  square. 


/.>) 


153 

6755  One  tract  at  the  village  of  Na-to-wa-se-pe,  of  four  miles 

G756  square. 

6757  One  tract  at  the  village  of  Prairie  Ronde,  of  three  miles 

6758  square. 

6759  One  tract  at  the  village  of  Match-e-be-narh-she-wish,  at  the 

6760  head  of  the  Kekalamazoo  River. 

6761  ARTICLE  3.  There  shall  be  granted  by  the  United  States  to 

6762  each  of  the  following  persons,  being  all  Indiaus  by  descent,  and 

6763  to  their  heirs,  the  following  tracts  of  land  : 

6764  To  John  Burnet,  two  sections  of  land. 

6765  To  James  Burnet,  Abraham  Burnet,  Rebecca  Burnet,  and 

6766  Nancy  Buruet,  each  one  section  of  land  5    which  said  John, 

6767  James,  Abraham,  Rebecca,  and  Nancy,  are  children  of  Kaw. 

6768  kee-me,  sister  of  Top-ni-be,  principal  chief  of  the  Potwatamie 

6769  Nation. 

6770  The  land  granted  to  the  persons  immediately  preceding  shall 

6771  begin  on  the  north  bank  of  the    river  St.  Joseph,  about   two 

6772  miles  from  the  mouth,  and  shall  extend  up  and  back  from  the 

6773  said  river  for  quantity. 

6774  To  John  B.  La  Lime,  son  of  Noke-no  qua,  one-half  of  a  sec- 

6775  tion  of  laud,  adjoining  the  tract  before  granted,  and  on  the  upper 

6776  side  thereof. 

6777  To  Jean  B.  Chandonai,  son  of  Chi-pe-wa  qua,  two  sections 

6778  of  land,  on  the  river  St.  Joseph,  above  and  adjoining  the  tract 

6779  granted  to  J.*B.  La  Lime. 

6780  To  Joseph  Daze,  son  of  Ghip-pe-wa-qua,  one  section  of  land 

6781  above  and  adjoining  the  tract  granted  to  Jean  B.  Chandonai. 

6782  To  Monguago,  one-half  of  a  section  of  land,  at  Mish  she-wa- 

6783  ko-kiuk. 

6784  To  Pierre  Morau  or  Peeresh,  a  Potawatamie  chief,  one  sec- 

6785  tion  of  land,  and  to  his  children  two  sections  of  "land,  at  the 

6786  mouth  of  the  Elk-heart  River. 

6787  To  Pierre  Le  Olerc,  son  of  Moi-qua,  one  section  of  laud  on 

6788  the  Elk-heart  River,  above  arid  adjoining  the  tract  granted  to 

6789  Moran  and  his  children. 

6790  The  section  of  laud  granted  by  the  treaty  of  St.  Mary's,  in 

6791  1818,  to  Peeresh  or  Perig,  shall  be  granted  to  Jean  B.  Cicot,  son 

6792  of  Pe-say-quot,  sister  of  the  said  Peeresh,  it  having  been  so  in- 

6793  tended  at  the  execution  of  the  said  treaty. 

6794  To  O-she-ak-ke-be  or  Benac,  one-half  of  a  section  of  land  on 

6795  the  north  side  of  the  Elk-heart  River,  where  the  road  from  Chi- 

6796  cago  to  Fort  Wayne  first  crosses  the  said  river. 

6797  To  Me-naw-che,  a  Potawatamie  woman,  one-half  of  a  section 

6798  of  land  on  the  eastern  bank  of  the  St.  Joseph,  where  the  road 
0799  from  Detroit  to  Chicago  first  crosses  the  said  river. 

6300  To  Theresa  Chandler  or  To-e-ak-qni,  a  Potawatamie  woman, 
20  i  T 


154 

6801  and  to  her  daughter  Betsey  Fisher,  one  section  of  land  on  the 

6802  south  side  of  the  Grand  River,  opposite  to  the  Spruce  Swamp. 

6803  To  Charles  Beaubien  and  Medart  Beaubien,  sons  ofMan-na- 

6804  ben-a-qua,  each  one-half  of  a  section  of  land  near  the  village  of 

6805  Ke-wi-go-shkeem,  on  the  "Washtenaw  River. 

6806  To  Antoine  Roland,  son  of  I-gat-pat-a-wat-a-mie-qua,  one- 

6807  half  of  a  section  of  land  adjoining  and  below  the  tract  granted 

6808  to  Pierre  Moran. 

6809  To  William  Knaggs  or  Was  es-kuk-son,  son  of  Ches-qua, 

6810  one-half  of  a  section  of  laud  adjoining  and  below  the  tract 

6811  granted  to  Autoine  Roland. 

6812  To  Madeline  Bertrand,  wife  of  Joseph  Bertrand,  a  Potawata- 

6813  mie  woman,  one  section  of  land  at  the  Pare  aux  Vaches,  on  the 

6814  north  side  of  the  river  St.  Joseph. 

6815  To  Joseph  Bertrand,  junior,  Benjamin  Betrand,   Laurent 

6816  Betrand,  Theresa  Bertrand,  and  Amable  Bertrand,  children  of 

6817  the  said  Madeline  Bertrand,  each  one-half  of  a  section  of  land  at 

6818  the  portage  of  the  Kaukakee  Eiver. 

6819  To  John  Riley,  son  of  Me-uaw-cum-a-go-quoi,  one  section  of 

6820  land,  at  the  mouth  of  the  river  Au  Foiu,  on  the  Grand  River, 

6821  and  extending  up  the  said  river. 

6822  To  Peter  Riley,  the  son  of  Me-naw-cum-e  go-qua,  one  section 

6823  of  land,  at  the  mouth  of  the  river  Au  Foin,  on  the  Grand  River, 

6824  and  extending  down  the  said  river. 

6825  To  Jean  B.  Le  Clerc,  son  of  Moi-qua,  one-half  of  a  section 

6826  of  land,  above  and  adjoining  the  tract  granted  to  Pierre  Le 

6827  Clerc. 

6828  To  Joseph  La  Framboise,  son  of  Shaw-we-no  qua,  one  sec- 

6829  tion  of  laud  upon  the  south  side  of  the  river  St.  Joseph,  and  ad- 

6830  joining  on  the  upper  side  the  land  ceded  to  the  United  States, 

6831  which  said  section  is  also  ceded  to  the  United  States. 

6832  The  tracts  of  land  herein  stipulated  to  be  granted  shall 

6833  never  be  leased  or  conveyed  by  the  grantees  or  their  heirs  to 

6834  any  persons  whatever,  without  the  permission  of  the  President 

6835  of  the  United  States.    And  such  tracts  shall  be  located  after  the 

6836  said  cession  is  surveyed,  and  in  conformity  with  such  surveys  as 

6837  near  as  may  be,   and  in   such  manner  as  the  President  may 

6838  direct. 

ARTICLE  4.  In  consideration  of  the  cession  aforesaid,  the 

6840  United  States  engage  to  pay  to  the  Ottawa  nation  one  thousand 

6841  dollars  in    specie  annually  forever,   and   also   to   appropriate 

6842  annually,  for  the  term  of  ten  years,  the  sum  of  fifteen  hundred 

6843  dollars,  to  be  expended  as  the  President  may  direct,  in  the  sup- 

6844  port  of  a  blacksmith,  of  a  teacher,  and  of  a  person  to  instruct 
845  the  Ottawas  in  agriculture  and  in  the  purchase  of  cattle  and 

6846  farming-utensils.    And  the  United  States  also  engage  to  pay  to 


155 

6847  the  Potawatamie  Nation  five  thousand  dollars iu  specie,  annually, 

G848  for  the  term  of  twenty  years,  and  also  to  appropriate  annually, 

G849  for  the  term  of  fifteen  years,  the  sum  of  one  thousand  dollars,  to 

6850  be  expended  as  the  President  may  direct,  in  the  support  of  a 

G851  blacksmith   and  a   teacher.      And   one  mile  square   shall  be 

6852  selected,  under  the  direction  of  the  President,  on  the  north  side 

6853  of  the  Grand  lliver,  and  one  mile  square  on  the  south  side  of  the 

6854  St.  Joseph,  and  within  the  Indian  lands  not  ceded,  upon  which 

6855  the  blacksmiths  and  teachers  employed  for  the  said  tribes,  re- 

6856  spectively,  shall  reside. 

6857  ARTICLE  5.  The  stipulation  contained  in  the  treaty  of  Green- 

6858  ville,  relative  to  the  right  of  the  Indians  to  hunt  upon  the  land 

6859  ceded  while  it  continues  the  property  of  the  United  States,  shall 
68GO  apply  to  this  treaty. 

6861  ARTICLE  6.  The  United  States  shall  have  the  privilege  of 

6862  making  and  using  a  road  through  the  Indian  country,  from  De 

6863  troit  and  Fort  Wayne,  respectively,  to  Chicago. 

6864  ARTICLE  7.  This  treaty  shall  take  effect  and  be  obligatory 

6865  on  the  contracting  parties  so  soon  as  the  same  shall  be  ratified 

6866  by  the  President  of  the  United  States,  by  and  with  the  advice 

6867  and  consent  of  the  Senate  thereof. 

6868  Proclaimed  March  25,  1832. 


6869  Treaty  with  the  Sioux  and  Chippeicas,  Sacs  and  Fox,  Menominie 

6870  loicay,  Sioux,  Winnebago,  and  a  portion  of  the  Ottaica,  Chip- 

6871  pewa,  and  Potawattomie  tribes. 

6872  The  United  States  of  America  have  seen  with  much  regret 

6873  that  wars  have  for  many  years  been  carried  on  between  the 

6874  Sioux  and  the  Chippewas,  and  more  recently  between  the  con- 

6875  federated  tribes  of  Sacs  and  Foxes  and  the  Sioux ;   and  also 

6876  between  the  loways  and  Sioux  5  which,  if  not  terminated,  may 

6877  extend  to  the  other  tribes,  and  involve  the  Indians  upon  tbe 

6878  Missouri,  tbe  Mississippi,  and  the  Lakes,  in  general  hostilities. 

6879  In  order,  therefore,  to  promote  peace  among  these  tribes,  and  to 

6880  establish  boundaries  among  them  and  the  other  tribes  who  live 

6881  in  their  vicinity,  and  thereby  to  remove  all  causes  of  future  dif- 
68S2  ficulty,  the  United  States  have  invited  the  Chippewa,  Sac,  and 

6883  Fox,  Menominie,  loway,  Sioux,  Winnebago,  and  a  portion  of  tbe 

6884  Ottowa,  Chippewa,  [and  Potawatomie  tribes  of  Indians  living 

6885  upon  the  Illinois,  to  assemble  together,  and  in  a  spirit  of  mutual 

6886  conciliation  to  accomplish'  these  objects ;  and  to  aid  therein,  have 

6887  appointed  William  Clark  and  Lewis  Cass,  commissioners  on  their 

6888  part,  who  have  met  the  chiefs,  warriors,  and  representatives  of 

6889  the  said  tribes,  and  portion  of  tribes,  at  Prairie  des  Chiens,  in  the 

6890  Territory  of  Michican,  and  after  full  deliberation,  the  said  tribes, 


156 

0891  and  portion  of  tribes,  Lave  agreed  with  the  United  States,  and 

0892  with  one  another,  upon  the  following  articles : 

0893  ARTICLE  1.   There  shall  be  a  firm  and  perpetual  peace 

0894  between  the  Sioux  and  Chippewas ;  between  the  Sioux  and  the 

0895  confederated  tribes  of  Sacs  and  Foxes ;  and  between  the  loways 
0890  and  the  Sioux. 

0897  ARTICLE  2.  It  is  agreed  between  the  confederated  tribes  of 

0898  the  Sacs  and  Foxes,  and  the  Sioux,  that  the  line  between  their 

0899  respective  countries  shall  be  as  follows:   Commencing  at  the 

0900  mouth  of  the  Upper  IowTay  Eiver,  on  the  west  bank  of  the  Mis- 

0901  sissippi,  and  ascending  the  said  loway  River,  to  its  left  fork ; 

0902  thence  up  that  fork  to  its  source ;  thence  crossing  the  fork  of 

0903  Red  Cedar  River,  in  a  direct  line  to  the  second  or  upper  fork  of 

0904  the  Desmoines  River ;  and  thence  in  a  direct  line  to  the  lower 

0905  fork  of  the  Calumet  River;  and  down  that  river  to  its  juncture 
0900  with  the  Missouri  River.     But  the  Yancton  band  of  the  Sioux 

0907  tribe,  being  principally  interested  in  the  establishment  of  the 

0908  line  from  the  forks  of  the  Desmoines  to  the  Missouri,  and  not 

0909  being  sufficiently  represented  to  render  the  definitive  establish  - 

0910  ment  of  that  line  proper,  it  is  expressly  declared  that  the  line 

0911  from  the  forks  of  the  Desmoines  to  the  forks  of  the  Calumet 

0912  River,  and  down  that  river  to  the  Missouri,  is  not  to  be  con- 

0913  sidered  as  settled  until  the  assent  of  the  Yancton  band  shall  be 

0914  given  thereto.    And  if  the  said  band  should  refuse  their  assent, 

0915  the  arrangement  of  that  portion  of  the  boundary-line  shall  be 
0910  void,  and   the  rights  of  the  parties  to  the  country  bounded 

0917  thereby  shall  be  the  same  as  if  no  provision  had  been  made  for 

0918  the  extension  of  the  line  west  of  the  forks  of  the  Desmoines. 

0919  And  the  Sacs  and  Foxes  relinquish  to  the  tribes  interested 

0920  therein  all  their  claim  to  land  on  the  east  side  of  the  Mississippi 

0921  River. 

0922  ARTICLE  3.  The  loways  accede  to  the  arrangement  between 

0923  the  Sacs  and  Foxes  and  the  Sioux ;  but  it  is  agreed  between  the 

0924  loways  and  the  confederated  tribes  of  the  Sacs  and  Foxes  that 

0925  the  loways  have  a  just  claim  to  a  portion  of  the  country  between 
0920  the  boundary-line  described  in  the  next  preceding  article  and 

0927  the  Missouri  and  Mississippi ;  and  that  the  said  loways  and 

0928  Sacs  and  Foxes  shall  peaceably  occupy  the  same  until  some 

0929  satisfactory  arrangement  can  be  made  bet  ween  them  for  a  division 

0930  of  their  respective  claims  to  country. 

0931  ARTICLE  4.  The  Ottoes  not  being  represented  at  this  coun- 

0932  cil,  and  the  commissioners  for  the  United  States  being  anxious 

0933  that  justice  should  be  done  to  all  parties,  and  having  reason  to 

0934  believe  that  the  Ottoes  have  a  just  claim  to  a  portion  of  the 

0935  country  upon  the  Missouri,  east  and  south  of  the  boundary-line 
0930  dividing  the  Sacs  and  Foxes  and  the  loways  from  the  Sioux,  it 


157 

6937  is  agreed  between  the  parties  interested  therein,  and  the  United 

6938  States,  that  the  claim  of  the  Ottoes  shall  not  be  affected  by  any- 

6939  thing  herein  contained ;  but  the  same  shall  remain  as  valid  as  if 

6940  this  treaty  had  not  been  formed. 

6941  ARTICLE  5.  It  is  agreed  between  the  Sioux  and  the  Chip- 

6942  pewas  that  the  line  dividing  their  respective  countries  shall 

6943  commence  at  the  Chippewa  River,  half  a  day's  march  below  the 

6944  falls ;  and  from  thence  it  shall  run  to  Ked  Cedar  River,  immedi- 

6945  ately  below  the  falls;  from  thence  to  the    St.    Croix   River, 

6946  which  it  strikes  at  a  place  called  the  Standing  Cedar,  about  a 

6947  day's  paddle  in  a  canoe  above  the  lake  at  the  mouth  of  that 

6948  river ;  thence  passing  between  two  lakes  called  by  the  Chippewas 

6949  "  Green  Lakes,"  and  by  the  Sioux  "  the  Lakes  they  bury  the 

6950  Eagles  in,"  and  from  thence  to  the  Standing  Cedar   that  athe 

6951  Sioux  Split ;"  thence  to  Rum  River,  crossing  it  at  the  mouth  of  a 

6952  small  creek  called  Choakiug  Creek,  a  long  day's  march  from  the 

6953  Mississippi ;  thence  to  a  point  of  woods  that  projects  into  the 

6954  prairie  half  a  day's  inarch  from  the  Mississippi;  thence  in  a 

6955  straight  line  to  the  mouth  of  the  first  river  which  enters  the 

6956  Mississippi  on  its  west  side  above  the  mouth  of  Sac  River; 

6957  thence  ascending  the  said  river  (above  the  mouth  of  Sac  River) 

6958  to  a  small  lake  at  its  source;  thence  in  a  direct  line  to  a  lake  at 

6959  the  head  of  Prairie  River,  which  is  supposed  to  enter  the  Crow 

6960  Wing  River  on  its  south  side;  thence  to  Otter-Tail  Lake  Portage; 

6961  thence  to  said  Otter-Tail  Lake,  and  down  through  the  middle 

6962  thereof  to  its  outlet;  thence  in  a  direct  line,  so  as  to  strike 

6963  Buffalo  River  half  way  from  its  source  to  its  mouth,  and  down 

6964  the  said  river  to  Red  River ;  thence  descending  Red  River  to 

6965  the  mouth  of  Outard  or  Goose  Creek.    The  eastern  boundary  of 

6966  the  Sioux  commences  opposite  the  mouth  of  loway  River,  on  the 

6967  Mississippi,  runs  back  two  or  three  miles  to  the  bluffs,  follows 
69G8  the  bluffs,  crossing  Bad  Axe  River  to  the  mouth  of  Black  I\iver, 

6969  and  from  Black  River  to  half  a  day's  march  below  the  falls  of 

6970  the  Chippewa  River. 

6971  ARTICLE  6.  It  is  agreed  between  the  Chippewas  and  Wiu- 

6972  nebagoes,  so  far  as  they  are  mutually  interested  therein,  that  the 

6973  southern  boundary-line  of  the  Chippewa  country  shall  commence 

6974  on  the  Chippewa  River  aforesaid,  half  a  day's  march  below  the 

6975  falls  of  that  river,  and  run  thence  to  the  source  of  Clear  Water 

6976  River,  a  branch  of  the  Chippewa ;  thence  south  to  Black  River; 

6977  thence  to  a  point  where  the  woods  project  into  the  me'dows, 

6978  and  thence  to  the  Plover  Portage  of  the  Ouisconsiu. 

6979  ARTICLE  7.  It  is  agreed  between  the  Winnebagoes  and  the 

6980  Sioux,  Sacs  and  Foxes,  Chippewas  and  Ottawas,  Chippewas  and 

6981  Potawatomies  of  the  Illinois,  that  the  Wiimebago  country  shall  • 

6982  be  bounded  as  follows :    Southeasterly  by  Rock  River,  from  its 


158 

6083  source  near  the  Winnebago  Lake,  to  the  Wiunebago  village, 

6984  about  forty  miles  above  its  inouthj  westerly  by  the  east  line 

6985  of  the  tract,  lying  upon  the  Mississippi,  herein  secured  to  the 

6986  Ottawa,  Chippewa,  and  Potawatoinie  Indians  of  the  Illinois; 

6987  and  also  by  the  high  bluff  described  in  the  Sioux  boundary,  and 

6988  running  north  to  Black  River ;  from  this  point  the  Winnebagoes 

6989  claim  up  Black  River  to  a  point  due  west  from  the  source  of  the 

6990  left  fork  of  the  Ouisconsiu ;  thence  to  the  source  of  the  said  fork, 

6991  and  down  the  same  to  the  Ouisconsin;  thence  down  the  Onis- 

6992  consin  to  the  portage,  and  across  the  portage  to  Fox  Elver; 

6993  thence  down  Fox  River  to  the  Winnebago  Lake,  and  to  the 

6994  grand   Kan  Kanlin,   including    in    their  claim    the  whole  of 

6995  Winuebago  Lake ;  but,  for  the  causes  stated  in  the  next  article, 

6996  this  line  from  Black  River  must,  for  the  present,  be  left  hide- 

6997  terminate. 

6998  ARTICLE  8.  The  representatives  of  the  Meuominies  not  be- 

6999  ing  sufficiently  acquainted  with  their  proper  boundaries  to  settle 

7000  the  same  definitively,  and  some  uncertainty  existing  in  conse- 

7001  quence  of  the  cession  made  by  that  tribe  upon  Fox  River  and 

7002  Green  Bay  to  the   New  York  Indians,  it  is  agreed    between 

7003  the  said  Menominie  tribe  and  the  Sioux,  Chippewas,  Winneba- 

7004  goes,  Ottawa,  Chippewa,  and  Potawatomie  Indians  of  the  Illi- 

7005  nois  that  the  claim  of  the  Menominies  to  any  portion  of  the  land 

7006  within  the  boundaries  allotted  to  either  of  the  said  tribes  shall 

7007  not  be  barred  by  any  stipulation  herein ;  but  the  same  shall  re- 

7008  main  as  valid  as  if  this  treaty  had  not  been  concluded.    It  is, 

7009  however,  understood  that  the  general  claim  of  the  Menominies 

7010  is  bounded  on  the  north  by  the  Chippewa  country,  on  the  east 

7011  by  Green  Bay  and  Lake  Michigan,  extending  as  for  south  as 

7012  Millawaukee  River,  and  on  the  west  they  claim  to  Black  River. 

7013  ARTICLE  9.  The  country  secured  to  the  Ottawa,  Chippewa, 

7014  and  Potawatomie  tribes  of  the  Illinois  is  bounded  as  follows : 

7015  Beginning  at  the  Winnebago  village,  on  Rock  River,  forty  miles 

7016  from  its  mouth,  and  running  thence  down  the  Rock  River  to  a 

7017  line  which  runs  from  Lake  Michigan  to  the  Mississippi,  and  with 

7018  that  line  to  the  Mississippi,  opposite  to  Rock  Island ;  thence  up 

7019  that  river  to  the  United  States  reservation,  at  the  mouth  of  the 

7020  Ouiscousin;  thence  with  the  south  and  east  lines  of  the  said 

7021  reservation  to  the  Ouisconsin ;   thence  southerly,  passing  the 

7022  heads  of  the  small  streams  emptying  into  the  Mississippi,  to  the 

7023  Rock  River  at  the  Winnebago  village.    The  Illinois  Indians 

7024  have  also  a  just  claim  to  a  portion  of  the  country  bounded  south 

7025  by  the  Indian  boundary -line  aforesaid,  running  from  the  southern 

7026  extreme  of  Lake  Michigan  east  by  Lake  Michigan,  north  by  the 

7027  Menominie  country,  and  northwest  by  Rock  River.    This  claim 

7028  is  recognized  in  the  treaty  concluded  with  the  said  Illinois  tribes 


159 

7029  at  St.  Louis,  August  24,  1816,  but  as  the  Millewakee  and  Ma- 

7030  netoowalk  bands  are  not  represented  at  this  council,  it  cannot  be 

7031  now  definitively  adjusted. 

7032  ARTICLE  10.  All  the  tribes  aforesaid  acknowledge  the  gen- 

7033  eral  controlling  power  of  the  United  States,  and  disclaim  all  de- 

7034  pendence  upon,  and  connection  with,  any  other  power.   And  the 

7035  United  States  agree  to,  and  recognize,  the  preceding  bounda- 

7036  ries,  subject  to  the  limitations  and  restrictions  before  provided. 

7037  It  being,  however,  well  understood  that  the  reservations  at 

7038  Fever  Eiver,  at  the  Ouisconsin,  and  St.  Peters,  and  the  ancient 
7030  settlements  at  Prairie  ties  Chiens  and  Green  Bay,  and  the  laud 

7040  property  thereto  belonging,  and  the  reservations  made  upon  the 

7041  Mississippi,  for  the  use  of  the  half-breeds,  in  the  treaty  concluded 

7042  with  the  Sacs  and  Foxes  August  24, 1824,  are  not  claimed  by 

7043  either  of  the  said  tribes. 

7044  ARTICLE  11.  The  United  States  agree,  whenever  the  Presi- 

7045  dent  may  think  it  necessary  and  proper,  to  convene  such  of  the 

7046  tribes,  either  separately  or  together,  as  are  interested  in  the  lines 

7047  left  unsettled  herein,  and  to  recommend  to  them  an  amicable  and 

7048  iinal  adjustment  of  their  respective  claims,  so  that  the  work,  now 

7049  happily  begun,  may  be  consummated.     It  is  agreed,  however, 
7000  that  a  council  shall  be  held  with  the  Yancton  baud  of  the  Sioux, 

7051  during  the  year  1826,  to  explain  to  them  the  stipulations  of  this 

7052  treaty,  and  to  procure  their  assent  thereto,  should  they  be  dis- 

7053  posed  to  give  it,  and  also  with  the  Ottoes,  to  settle  and  adjust 

7054  their  title  to  any  of  the  country  claimed  by  the  Sacs,  Foxes,  and 

7055  loways. 

7056  ARTICLE  12.  The  Chippewa  tribe  being  dispersed  over  a 

7057  great  extent  of  country,  and  the  chiefs  of  that  tribe  having  re- 

7058  quested  that  such  portion  of  them  as  may  be  thought  proper, 

7059  by  the  Government  of  the  United  States,  may  be  assembled  in 

7060  1826,  upon  some  part  of  Lake  Superior,  that  the  objects  and  ad- 

7061  vantages  of  this  treaty  may  be  fully  explained  to  them,  so  that 

7062  the  stipulations  thereof  may  be  observed  by  the  warriors,  the 

7063  commissioners  of  the  United  States  assent  thereto,  and  it  is 

7064  therefore  agreed  that  a  council  shall  accordingly  be  held  for 

7065  these  purposes. 

7066  ARTICLE  13.  It  is  understood  by  all  the  tribes,  parties  hereto, 

7067  that  no  tribe  shall  hunt  within  the  acknowledged  limits  of  any 

7068  other  without  their  assent,  but  it  being  the  sole  object  of  this 

7069  arrangement  to  perpetuate  a  peace  among  them,  and  amicable 

7070  relations  being  now  restored,  the  chiefs  of  all  the  tribes  have  ex- 

7071  pressed  a  determination  cheerfully  to  allow  a  reciprocal  right  of 

7072  hunting  on  the  lands  of  one  another,  permission  being  first  asked 

7073  and  obtained,  as  before  provided  for. 

7074  ARTICLE  14.  Should  any  causes  of  difficulty  hereafter  un- 

7075  happily  arise  between  any  of  the  tribes,  parties  hereunto,  it  is 


160 

7076  agreed  that  the  other  tribes  shall  iuterpose  their  good  offices  to 

7077  remove  such  difficulties;  aud  also  that  the  Government  of  the 

7078  United  States  may  take  such  measures  as  they  may  deem  proper 

7079  to  effect  the  same  object. 

7080  AETICLE  15.  This  treaty  shall  be  obligatory  on  the  tribes, 

7081  parties  hereto,  from  and  after  the  date  hereof,  and  on  the  United 

7082  States,  from  and  after  its  ratification  by  the  Government  thereof. 

7083  Proclaimed  February  6,  1826. 

7084  Articles  of  agreement  with  the   Winnebago  tribe  and  the  united 

7085  tribes  of  Potawatamie,  Chippewa,  and  Ottawa  Indians. 

7086  The  Government  of  the  United  States  having  appointed 

7087  commissioners  to  treat  with  the  Sac,  Fox,  Winnebago,  Potawat- 

7088  amie,  Ottawa,  and  Chippewa  tribes   of  Indians,  for  the  pur- 

7089  pose  of  extinguishing  their  title  to  land  within  the  State  of  Illi- 

7090  nois,  and  the  Territory  of  Michigan,  situated  between  the  Illinois 

7091  Eiver  and  the  lead-mines  on  Fever  Eiver  and  in  the  vicinity  of 

7092  said  lead-mines,  and  for  other  purposes ;  and  it  having  been 

7093  found  impracticable,  in  consequence  of  the  lateness  of  the  period 
7091  when  the  instructions  were  issued,  the  extent  of  the  country  oc- 

7095  cupied  by  the  Indians,  and  their  disperssd  situation,  to  convene 

7096  them  in  sufficient  numbers  to  justify  a  cession  of  land  on  their 

7097  part  5  and  the  chiefs  of  the  Winnebago  tribe,  and  of  the  united 

7098  tribes  of  the  Potawatamies,  Chippewas,  and  Ottawas,  assembled 

7099  at  Green  Bay,  having  declined  at  this  time  to  make  the  desired 

7100  cession,  the  following  temporary  arrangement,  subject  to    the 

7101  ratification  of  the  President  and  Senate  of  the  United  States, 

7102  has  this  day  been  made  between  Lewis  Cass  and  Pierre  Meen 

7103  ard,  commissioners  of  the  United  States,  and  the  said  Wiune- 
7101  bago  tribe,  and  the  united  tribes  of  Potawatamie,  Chippewa, 

7105  and  Ottawa  Indians,  in  order  to  remove  the  difficulties  which 

7106  have  arisen  in  consequence  of  the  occupation,  by  white  persons, 

7107  of  that  part  of  the  mining  country  which  has  not  been  heretofore 

7108  ceded  to  the  United  States  : 

7109  ARTICLE  1.  It  is  agreed  that  the  following  shall  be  the 

7110  provisional  boundary  between  the  lands  of  the  United  States 

7111  and  those  of  the  said  Indians :  The  Ouisconsin  Eiver,  from  its 

7112  mouth  to  its  nearest  approach  to  the  Blue  Mounds ;  thence 

7113  southerly,  passing  east  of  the  said  mounds,  to  the  head  of  that 

7114  branch  of  the  Pocatolaka  Creek,  which  runs  near  the  Spotted 

7115  Arm's  village ;  thence  with  the  said  branch  to  the  main  forks  of 

7116  Pocatolaka  Creek •  thence  southeasterly  to  the  ridge  dividing 

7117  the  Winebago  country  from  that  of  the  Potawatamie,  Chippe- 

7118  wa,  and  Ottawa  tribes  ;  thence  southerly  with  the  said  ridge,  to 

7119  the  line  running  from  Chicago  to  the   Mississippi,  near  Eock 


161 

7120  Island.     And  it  is  fully  understood  that  the  United  States  may 

7121  freely  occupy  the  country  between  these  boundaries  and  the 

7122  Mississippi  River,  until  a  treaty  shall  be  held  with  the  Indians 

7123  for  its  cession ;  which  treaty,  it  is  presumed,  will  be  held  in  the 

7124  year  1829.     But  it  is  expressly  understood  and  agreed  that  if 

7125  any  white  persons  shall  cross  the  line  herein  described,  and  pass 

7126  into  the  Indian  country,  for  the  purpose  of  mining,  or  for  any 

7127  other  purpose  whatever,  the  Indians  shall  not  interfere  with  nor 

7128  molest  such  persons,  but  that  the  proper  measures  for  their  re- 

7129  inoval  shall  be  referred  to  the  President  of  the  United  States. 

7130  In  the  mean  time,  however,  it  is  agreed  that  any  just  compensa- 

7131  tion  to  which  the  Indians  may  be  entitled  for  any  injuries  com- 

7132  milted  by  white  persons  on  the  Indian    side  of  the  said  line 

7133  shall  be  paid  to  the  said  Indians  at  the  time  such  treaty  maybe 

7134  held.     It  is   also   agreed   by  the  Indians  that  a  ferry  may  be 

7135  established  over  the  Eock  River,  where  the  Fort  Clark  road 
713G  crosses  the  same  ;  and,  also,  a  ferry  over  the  same  river  at  the 

7137  crossing  of  the  Lewistou  road. 

7138  ARTICLE  2.  The  United  States  agree  to  pay  to  the  Winne- 

7139  bago,  Potawatarnie,  Chippewa,  and  Ottawa  Indians,  the  sum  of 

7140  twenty  thousand  dollars,  in  goods,  at  the  time  and  place  when 

7141  and  where  the  said  treaty  may  be  held  ;  which  said  sum  shall  be 

7142  equitably  divided  between  the  said  tribes,  and  shall  be  in  full 

7143  compensation  for  all  the  injuries  and  damages  sustained  by  them, 

7144  in   consequence   of  the   occupation  of  any  part  of  the  mining 

7145  country  by  white  persons,  from  the  commencement  of  such  oc- 
714G  cupation  until  the  said  treaty  shall  be  held.     Excepting,  how- 

7 147  ever,  such  compensation  as  the  Indians  may  be  entitled  to,  for 

7148  any  injuries  hereafter  committed  on  their  side  of  the  line  hereby 

7149  established. 

7150  Proclaimed  January  7,  1829. 


715L  Articles  of  a  treaty  made  and  concluded  at  Prairie  du,  Chien,  in 

7152  the  Territory  of  Michigan,  between  the  United  States  of  America^ 

7153  ly  their  commissioners,  General  John  McNeil,  Colonel  Pierre 

7154  Menard,  and  Caleb  Atwater,  esq.,  and  the  united  nations  of 

7155  Chippewa,  Ottawa,  and  Potawatamie  Indians,  of  the  waters 
7150  of  the  Illinois,.  Milwaukee,  and  Manitoouck  Rivers. 

7157  ARTICLE   1.  The  aforesaid  nations  of  Chippewa,  Ottawa, 

7158  and  Potawatamie  Indians  do  hereby  cede  to  the  United  States 

7159  aforesaid  all  the  lands  comprehended  within  the  following  limits, 

7160  to  wit :  Beginning  at  the  Winnebago  Village,  on  Rock  River, 

7161  forty  miles  from  its  mouth,  and  running  thence  down  the  Rock 

7162  River  to  a  line  which  runs  due  west  from  the  most  southern 

7163  bend  of  Lake  Michigan   to  the  Mississippi   River,   and   with 

21  i  T 


162 

7164  that  line  to   the  Mississippi  Biver,   opposite  to  Bock  Island; 

7165  thence  up  that  river  to    the    United    States     reservation    at 

7166  the  month  of  the   Oniscousin ;    thence    with    the  south    and 

7167  east  lines  of  said  reservation  to  the  Ouisconsin  Biver;  thence 

7168  southerly,  passing  the  heads  of  the  small  streams  emptying  into 

7169  the  Mississippi,  to  the  Bock  Eiver  aforesaid,  at  the  Winnebago 

7170  Village,  the  place  of  beginning.    And,  also,  one  other  tract  of 

7171  land,  described  as  follows,  to  wit:  Beginning  on  the  western 

7172  shore  of  Lake  Michigan,  at  the  northeast  corner  of  the  field  of 

7173  Antoine  Ouitmette,  who  lives  near  .Grosjj  Pointe,  about  twelve 

7174  miles  north  of  Chicago ;  thence  running  due  west  to  the  Bock 

7175  Biver  aforesaid;    thence  down  the  said  river  to  where  a  line 

7176  drawn  due  west  from  the  most  southern  bend  of  Lake  Michigan 

7177  crosses  said  river ;  thence  east,  along  said  line,  to  the  Fox  Biver 

7178  of  the  Illinois  ;  thence  along  the  northwestern  boundary-line  of 

7179  the  cession  of  1816  to  Lake  Michigan  ;  thence  northwardly,  along 

7180  the  western  shore  of  said  lake,  to  the  place  of  beginning. 

7181  ARTICLE  2.  In  consideration  of  the  aforesaid  cessions  of 

7182  land  the  United  States  aforesaid  agree  to  pay  to  the  aforesaid 

7183  nations  of  Indians  the  sum  of  sixteen  thousand  dollars,  annually, 

7184  forever,  in  specie ;  said  sum  to  be  paid  at  Chicago.    And  the 

7185  said  United  States  further  agree  to  cause  to  be  delivered  to  said 

7186  nations  of  Indians,  in  the  month  of  October  next,  twelve  thou- 

7187  sand  dollars'  worth  of  goods  as  a  present.     And  it  is  further 

7188  agreed  to  deliver  to  said  Indians  at  Chicago  fifty  barrels  of  salt, 

7189  annually,  forever ;  and  further,  the  United  States  agree  to  make 

7190  permanent,  for  the  use  of  the  said  Indians,  the  blacksmith's  es- 

7191  tablishment  at  Chicago. 

7192  ARTICLE  3.     From  the  cessions  aforesaid,  there  shall  bo 

7193  reserved,  for  the  use  of  the  undernamed  chiefs  and  their  bands, 

7194  the  following  tracts  of  land,  viz  : 

7195  For    Wau-pon-eli-see,  five   sections  of  land   at   the   Grand 

7196  Bois,  on  Fox  Biver  of  the  Illinois,  where  Shay  tee's   village  now 

7197  stands. 

7198  For  Shab-eh-nay,  two  sections  at  his  village  near  the  Paw- 

7199  paw  Grove.    For  Awn-lwte,  four  sections  at  the  village   of  finn'- 

7200  meh-naug,  on  the  Fox  Biver  of  the  Illinois. 

7201  ARTICLE  4.  There  shall  be  granted  by  the  United  States,  to 

7202  each  of  the  following  persons,  (being  descendants  from  Indians,) 

7203  the  following  tracts  of  land,  viz  :  To  Claude  Lafrainboise,  one 

7204  section    of   land    on    the  Biviere   aux  Pleins,    adjoining  the 

7205  line  of  the    purchase    of   1816.    To  Francois  Bourboune,  jr., 

7206  one  section  at  the  Missionary  establishment,  on  the  Fox  Biver 

7207  of  the    Illinois.      To__Alexan der    Bobi nson^    for  himself    and 

7208  children,  two   sections  on  the  Biviere  aux  Pleius,  above   and 

7209  adjoining  the  tract   herein   granted    to    Claude    Lafrainboise. 


163 

7210  To  Pierre  Leelerc,  one  section  at  the  village  of  the  As-sim-in- 

7211  eh  Kon,  or  Paw-paw  Grove.    To  Waishkee-Shaw,  a  Potawat- 

7212  amie  woman,  wife  of  David  Laughton,  and   to  her  child,  one 

7213  and   a   half  sections  at  the  old   village  of  Nay-ou-Say,  at  or 

7214  near  the  source  of  the  Riviere  aux  Sables  of  the  Illinois.     To 

7215  Billy  Caldwell,  two  and  a  half  sections  on  the  Chicago  River, 

7216  above   and  adjoining  the  line  of   the  purchase  of   4816.    To 

7217  Yictoire  Pothier,  one  half  section  on  the  Chicago  River,  above 

7218  and  adjoining  the  tract  of  land  herein  granted  to  Billy  Cald- 
7211)  well.     To  Jane  Miranda,  one  quarter  section  on  the  Chicago 

7220  River,  above  and  adjoining  the  tract  herein  granted  to  Victoire 

7221  Pothier.     To  Madeline,  a  Potawatamie  woman,  wife  of  Joseph 

7222  Ogee,  one  section  west  of  and  adjoining  the  tract  herein  granted 

7223  to  Pierre  Leelerc,  at  the  Paw-paw  Grove.    To  Ayphange  Quil- 

7224  mette^  a  Potawatamie  womaii,wife  of  Antoiqe.  Ouilmette*  two 

( ,,»,—__       ~r 1  Mm  ^—— j       ' '    — ^"""'•-•.    .  i  3'      •  Ii^*      i  •       in  •'^^•^••^^^ 

7225  sections,  for  herself  and  her  children,  on  Lake  Michigan,  south 

7226  of  and  adjoining  the  northern  boundary  of  the  cession  herein 

7227  made  by  the  Indians  aforesaid  to  the  United  States.    To  Antoine 

7228  and  Francois  Leelerc,  one  section  each,  lying  on  the  Mississippi 
7221)  River,  north  of  and  adjoining  the  line  drawn  due  west  from  the 

7230  most  southern  bend  of  Lake  Michigan,  where  said  line  strikes 

7231  the  Mississippi  River.     To  Mo  ah- way,  one  quarter  section  on 

7232  the  north  side  of  and  adjoining   the  tract  herein  granted  to 

7233  Waish-Kee-Shaw.     The  tracts  of  land  herein  stipulated  to  be 

7234  granted  shall  never  be  leased  or  conveyed  by  the  grantees,  or 

7235  their  heirs,  to  any  persons  whatever,  without  the  permission  of 

7236  the  President  of  the  United  States. 

7237  ARTICLE  5.  The  United  States,  at  the  request  of  the  Indians 

7238  aforesaid,  further  agree  to  pay  to  the  persons  named  in  the  sched- 

7239  ule  annexed  to  this  treaty  the  sum  of  eleven  thousand  six  hun- 

7240  dred  and  one  dollars ;  which  sum  is  in  full  satisfaction  of  the 

7241  claims  brought  by  said  persons  against  said  Indians,  and  by 

7242  them  acknowledged  to  be  justly  due.(a)  <£u 

7243  ARTICLE  6.  And  it  is  further  agreed   that   the    United 

7244  States  shall,  at  their  own  expense,  cause  to  be  surveyed  the 

7245  northern  boundary-line  of  the  cession  herein  made,  from  Lake 

7246  Michigan  to  the  Rock  River,  as  soon  as  practicable  after  the 

7247  ratification  of  this  treaty,  and  shall  also  cause  good  and  sufti- 

7248  cient  marks  and  mounds  to  be  established  on  said  line. 

7249  ARTICLE  7.  The  right  to  hunt  on  the  lands  herein  ceded, 

7250  so  long  as  the  same  shall  remain  the  property  of  the  United 

7251  States,  is  hereby  secured  to  the  nations  who  are  parties  to  this 

7252  treaty. 

7253  ARTICLE  8.  This  treaty  shall  take  effect  and  be  obligatory 

7254  on  the  contracting  parties  as  soon  as  the  same  shall  be  ratified 


164 

7255  by  the  President  of  the  United  States,  by  and  with  the  advice 

7256  and  consent  of  the  Senate  thereof. 

7257  Proclaimed  January  2,  1830. 

7258  Schedule  of  claims  and  debts  to  be  paid  by  the  United  States  for 

7259  the   Chippewa,  Ottawa,  and  Pottawatamie  Indians,  under  the 

7200  fifth  article  of  the  treaty  of  the  29  to  July,  1829,  with  said  tribes. 

7201  To  Francis  Laframboise,  for  a  canoe-load  of  merchan- 

7202  dise  taken  by  the  Chippewa  and  Ottowata  Indians 

7203  of  Chab-way-way-gun  and  the  neighboring  vil- 

7204  lages,  while  frozen  up  in  the  lake  in  the  winter  of 

7205  the  year  1799,  two  thousand  dollars $2,  000  00 

7200  To  Antoine  Ouilmett,  for  depredations  committed  on 

7207  him  by  the  Indians  at  the  time  of  the  massacre 

7208  of  Chicago  and  during  the  war,  eight  hundred 

7209  dollars 800  00 

7270  To  the  heirs  of  the  late  John  Kinzie,  of  Chicago,  for 

7271  depredations  committed  on  him  at  the  time  of 

7272  the  massacre  of  Chicago  and  at  St.  Joseph's,  dur- 

7273  ing  the  winter  of  1812,  three  thousand  five  hun- 

7274  dred  dollars 3,  500  00 

7275  To  Margaret  Helm,  for  losses  sustained  at  the  time 
7270  of  the  capture  of  Fort  Dearborn,  in  1812,  by  the 

7277  Indians,  eight  hundred  dollars 800  00 

7278  To  the  American  Fur  Company,  for  debts  owed  to 

7279  them  by  the  united  tribes  of  Chippewas,  Otto- 

7280  was,  and  Pottawatamies,  three  thousand  dollars    -">,  000  00 

7281  To  Beruardns  Laughtou,  for  debts  owed  to  him  by 

7282  same  tribes,  ten  hundred  and  sixteen  dollars 1 ,  010  00 

7283  To  James  Kinzie,  for  debts  owed  to  him  by  same,  four 

7284  hundred  and  eighty-five  dollars 485  00 

7285  


7280  $11,601  00 

7287  Articles  of  a  treaty  made  at  Chicago,  in  the  State  of  Illinois,  on 

7288  the  twenty-sixth  day  of  September,  in  the  year  of  our  Lord  one 

7289  ,         thousand  eight  hundred  and  thirty-three,  between    George  B. 

7290  Porter,  Thomas  J.  V.  Owen,  and  William    Weatherford,  com- 

7291  missioners  on  the  part  of  the  United  States,  of  the  one  part, 

7292  and  the  United  Nation  of  CMppeica,  Ottowa,  and  Potawata- 

7293  mie  Indians,  of  the  other  part,  being  fully  represented  by  the 

7294  chiefs  and  head-men  whose  names  are  hereunto    subscribed ; 

7295  which  treaty  is  in  the  folloicing  words,  to  wit  : 

7290  ARTICLE  1.  The  said  united  nation  of  Chippewa,  Ottowa, 

7297  and  Potawatamie  Indians,  cede  to  the  United  States  all  their 

7298  land  along  the  western  shore  of  Lake  Michigan,  and  between 


165 


7290  this  lake  and  the  land  ceded  to  the  United  States  by  the  Win- 

7300  nebago  Nation,  at  the  treaty  of  Fort  Armstrong  made  on  the 

7301  15th  September,  1832,  bounded  on  the  north  by  the  country 

7302  lately  ceded  by  the  Menomiuees,  and  on  the  south  by  the  coun- 

7303  try  ceded  at  the  treaty  of  Prairie  du  Chien  made  on  the  29th 

7304  July,  1829,  supposed  to  contain  about  five  millions  of  acres. 

7305  ARTICLE  2.  In  part  consideration  of  the  above  cession  it  is 

7306  hereby  agreed  that  the  United  States  shall  grant  to  the  said 

7307  united  nation  of  Indians,  to  be  held  as  other  Indian  lauds  are 

7308  held  which  have  lately  been  assigned  to  emigrating  Indians,  a 

7309  tract  of  country  west  of  the  Mississippi  Kiver,  to  be  assigned  to 

7310  them  by  the  President  of  the  United  States,  to  be  not  less  in 

7311  quantity  than  five  millions  of  acres,  and  to  be  located  as  follows  : 

7312  Beginning  at  the  mouth  of  Boyer's  River  on  the  east  side  of  the 

7313  Missouri  River,  thence  down   the  said  river   to  the  mouth  of 

7314  Xaudoway  River,  thence  due  east  to  the  west  line  of  the  State 

7315  of  Missouri,  thence  along  the  said  State  line  to  the  northwest 
7310  corner  of  the  State,  thence  east  along  the  said  State  line  to  the 

7317  point  where  it  is  intersected  by  the  western  boundary-line  of  the 

7318  Sacs  and  Foxes,  thence  north  along  the  said  line  of  the  Sacs 

7319  and  Foxes,  so  far  as  that  when  a  straight  line  shall  be  run 

7320  therefrom  to  the  mouth  of  Boyer's  River  (the  place  of  beginning) 

7321  it  shall  include  five  millions  of  acres.     And  as  it  is  the  wish  of 

7322  the  Government  of  the  United  States  that  the  said  nation  of 

7323  Indians  should  remove  to  the  country  thus  assigned  to  them  as 

7324  soon  as  conveniently  can  be  done,  and  it  is  deemed  advisable 

7325  on  the  part  of   their  chiefs  and  head-men  that  a  deputation 

7326  should  visit  the  said  country  west  of  the  Mississippi  and  thus 

7327  be  assured  that  full  justice  has  been  done,  it  is  hereby  stipu- 

7328  lated  that  the  United  States  will  defray  the  expenses  of  such 

7329  deputation,  to  consist  of  not  more  than  fifty  persons,  to  be  ac- 

7330  compauied  by  not  more  than  five  individuals  to  be  nominated 

7331  by  themselves,  and  the  whole  to  be  under  the  general  direction 

7332  of  such  officer  of  the  United  States  Government  as  has  been  or 

7333  shall  be  designated  for  the  purpose.    And  it  is  further  agreed 

7334  that  as  fast  as  the  said  Indians  shall  be  prepared  to  emigrate, 

7335  they  shall  be  removed  at  the  expense  of  the  United  States,  and 

7336  shall  receive  subsistence  while  upon  the  journey,  and  for  one 

7337  year  after  their  arrival  at  their  new  homes.     It  being  under- 

7338  stood  that  the  said  Indians  are  to  remove  from  all  that  part  of 

7339  the  land  now  ceded,  which  is  within  the  State  of  Illinois,  iinrne- 

7340  diately  on  the  ratification  of  this  treaty,  but  to  be  permitted  to 

7341  retain  possession  of  the  country  north  of  the  boundary-line  of 

7342  the  said  State,  for  the  term  of  three  years,  without  molestation 

7343  or  interruption,   and  under  the  protection  of  the  laws  of  the 

7344  United  States. 


166 

7343  ARTICLE  3.  And  in  further  consideration  ot   the  above  ces- 

7346  sion,  it  is  agreed  that  there  shall  be  paid  by  the  United  States 

7347  the  sums  cf  money  hereinafter  mentioned,  to  wit : 

7348  One  hundred  thousand  dollars  to  satisfy  sundry  individuals, 
7340  in  behalf  of  whom  reservations  were  asked,  which  the  commis- 

7350  sioners  refused  to  grant ;  and  also  to  indemnify  the  Chippewa 

7351  tribe  who  are  parties  to  this  treaty  for  certain  lands  along  the 

7352  shore  of  Lake  Michigan,  to  which  they  make  claim,  which  have 

7353  been  ceded  to  the  United  States  by  the  Menominee  Indians ; 

7354  the  manner  in  which  the  same  is  to  be  paid  is  set  forth  in  sched- 

7355  tile  "A"  hereunto  annexed. 

7356  One  hundred  and  fifty  thousand  dollars  to  satisfy  the  claims 

7357  made  against  the  said  united  nation,  which  they  have  here  ad. 

7358  mitted  to  be  justly  due,  and  directed  to  be  paid,  according  to 
7350  schedule  "Bw  hereunto  annexed. 

7360  One  hundred  thousand  dollars  to  be  paid  in  goods  and  pro- 

7361  visions,  a  part  to  be  delivered  on  the  signing  of  this  treaty  and 

7362  the  residue  during  the  ensuing  year. 

7363  Two  hundred  and  eighty  thousand  dollars  to  be   paid  in 

7364  annuities  of  fourteen  thousand  dollars  a  year,  for  twenty  years. 

7365  One  hundred  and  fifty  thousand  dollars  to  be  applied  to  the 

7366  erection  of  mills,  farm-houses,  Indian  houses,  and  blacksmith 

7367  shops,  to  agricultural  improvements,  to  the  purchase  of  agricul- 

7368  tural  implements  and  stock,  and  for  the  support  of  such  physi 
7360  ciaus,  millers,  farmers,  blacksmiths,  and  other  mechanics,  as  the 

7370  President  of  the  United  States  shall  think  proper  to  appoint. 

7371  Seventy  thousand  dollars  for  purposes  of  education  and  the 

7372  encouragement  of  the  domestic  arts,  to  be  applied  in  such  man- 

7373  ner  as  the  President  of  the  United  States   may  direct.     [The 

7374  wish  of  the  Indians  being  expressed  to  the  commissioners  as  fol- 

7375  lows :  The  united  nation  of  Ohippewa,  Ottowa,  and  Potawatamie 

7376  Indians  being  desirous  to  create  a  perpetual  fund  for  the  pur- 

7377  poses  of  education  and  the  encouragement  of  the  domestic  arts, 

7378  wish  to  invest  the  sum  of  seventy  thousand  dollars  in  some  safe 
7370  stock,  the  interest  of  which  only  is  to  be  applied  as  may  be 

7380  necessary  for  the  above  purposes.    They  therefore  request  the 

7381  President  of  the  United  States  to  make  such  investment  for  the 

7382  nation  as  he  may  think  best.   If,  however,  at  any  time  hereafter, 

7383  the  said  nation  shall  have  made  such  advancement  in  civiliza- 

7384  tion,  and  have  become  so  enlightened  as  in  the  opinion  of  the 

7385  President  and  Senate  of  the  United  States  they  shall  be  capable 

7386  of  managing  so  large  a  fund  with  safety,  they  may  withdraw  the 

7387  whole  or  any  part  of  it.] 

7388  Pour  hundred  dollars  a  year  to  be  paid  to  Billy  Oaldwell, 
7380  and  three  hundred  dollars  a  year  to  be  paid  to  Alexander  Eob- 
7300  inson,  for  life,  in  addition  to  the  annuities  already  granted  them  ; 


167 

7391  two  hundred  dollars  a  year  to  be  paid  to  Joseph  Lafroniboise, 

7392  and  two  hundred  dollars  a  year  to  be  paid  to  Shabehany,  for 

7393  life. 

7394  Two  thousand  dollars  to  be  paid  to  Wau-pou-eh-see  and  his 

7395  band,  and  fifteen  hundred  dollars  to  Awn-kote  and  his  baud,  as 
739C  the  consideration  for  nine  sections  of  land,  granted  to  them  by 
7397  the  3d  article  of  the  treaty  of  Prairie  du  Chien,  of  the  29th  of 
7393  July,  1829,  which  are  hereby  assigned  and  surrendered  to  the 

7399  United  States. 

7400  ARTICLE  4.  A  j  ust  proportion  of  the  annuity  inoue}7,  secured 

7401  as  well  by  former  treaties  as  the  present,  shall  be  paid  west  of 

7402  the  Mississippi  to  such  portion  of  the  nation  as  shall  have  re- 

7403  moved   thither  during  the  ensuing  three  years.     After  which 

7404  time,  the  whole  amount  of  the  annuities  shall  be  paid  at  their 

7405  location  west  of  the  Mississippi. 

7406  ARTICLE  5.  Stricken  out. 

7407  This  treaty,  after  the  same  shall  have  been  ratified  by  the 

7408  President  and  Senate  of  the  United  States,  shall  be  binding  on 

7409  the  contracting  parties. 

7410  SCHEDULE  "A." — (Referred  to  in  the  treaty,  containing  the 

7411  sums  payable  to  individuals  in  lieu  of  reservations.) 

7412  Jesse  Walker $1,  500  00 

7413  Henry  Cleveland 800  00 

7414  EachelHall 600  00 

7415  Sylvia  Hall 600  00 

7416  Joseph  Laframboise  and  children 1,  000  00 

7417  Victoire  Porthier  and  her  children -         700  00 

7418  Jean  Bt.  Miranda,  ")  f 300  00 

7419  Jane  Miranda,         !  For  each  of  whom  John  j 200  00 

7420  Rosetta  Miranda,    j      II.  Kinzie  is  trustee      } 300  00 

7421  Thomas  Miranda,  3  [ 400  00 

7422  Alexander  Muller,  Gholson  Kercheval,  trustee 800  00 

7423  Paschal  Muller,  do.  do 800  00 

7424  Margaret  Muller 200  00 

7425  Socra  Muller 200  00 

7426  Angelique  Chevalier 200  00 

7427  Josettc  Chevallier 200  00 

7428  Joseph  Chevalier 400  00 

7429  Fanny  Leclare,  (Captain  David  Hunter,  trustee) 400  00 

7430  Daniel  Bourassa's  children 600  00 

7431  Xaucy  Con  tram  an,  C"  „  .     f     ,         T  TJ,  ~) 

-AW  a  11    -n  •,  For  eacn  °f  whom  J.  B.  rnn  nn 

<432  Sally  Coutraman,    J       „        .    „  .  V 60000 

„.„  ^      Campbell  is  trustee,     f 

7433  Betsey  Contraman,  £  ] 

7434  Alexis  Laframboise 800  0° 

7435  Alexis  Laframbois'  children 1 ,  200  00 

7436  Mrs.  Mann's  children  .  600  00 


168 

7437  Mrs.  Mann  (daughter  of  Antoine  Ouiltnet) $400  00 

7438  Geo.  Turkey's  children,  (Fourtier,)  Th.  J.  Y.  Owen, 

7439  trustee 500  00 

7440  Jacques  Chapeau's  children  do.     do 600  00 

7441  Antonie  Roscum's  children 750  00 

7442  Francois  Burbonnais',  sen'r's,  children 400  00 

7443  Francis  Burbonnais',  j'n'r,  children 300  00 

7444  John  Bt.Cloutier'schildren,(Robert  A.  Kinsie trustee) .  600  00 

7445  Claude  Lafrornboise's  children 300  00 

7446  Antoine  Ouilmet's  children 200  00 

7447  Josette  Ouilmot  (John  H.  Kinzie,  trustee) 200  00 

7448  Mrs.  Welsh  (daughter  of  Antoine  Ouilmet) ..... 200  00 

7449  Alexander  Robinson's  children 400  00 

7450  Billy  Caldwell's  children 600  00 

7451  Mo-ah-way 200  00 

7452  Medare  B.  Beaubieu 300  00 

7453  Charles  H.  Beaubien 300  00 

7454  John  K.  Clark's  Indian  children,  (Richard  J.  Hamil- 

7455  ton,  trustee) 400  00 

7456  Josette  Juno  and  her  children 1,  000  00 

7457  Angelique  Juno 300  00 

7458  Josette  Beaubin's  children 1,  000  00 

7459  Mah-go-que's  child,  (James  Kinzie,  trustee) 300  00 

7460  Esther,  Rosene,  and  Eleanor  Bailly ,  500  00 

7461  Sophia,  Horteuse,  and  Therese  Bailly 1 ,  000  00 

7462  Rosa  and  Mary,  children    of  Hoo-ino-ni  gah,  wife   of 

7463  Stephen  Mack 600  00 

7464  Jean  Bt.  Rabbu's  children 400  00 

7465  Francis  Chevallier's  children 800  00 

7466  Mrs.  Nancy  Jamison  and  child  , 800  00 

7467  Co-pah,  son  of  Archange 250  00 

7468  Martha  Burnett,  (R.  A.  Forsyth,  trustee) 1 ,  000  00 

7469  Isadore  Chabert's  child,  (G.  S.  Hubbard  trustee) ....  400  00 

7470  Chee-bee-quai,  or  Mrs.  Allen 500  00 

7471  Luther  Rice  and  children 2,  500  00 

7472  John  Jones . .  . , 1,  000  00 

7473  Pierre  Corbonno's  children 800  00 

7474  Pierre  Chalipeaux's  children 1,  000  00 

7475  Phoebe  Treat  and  children 1,  000  00 

7476  Robert  Forsyth,  of  St.  Louis,  Mo 500  00 


-  10,00000 
<{  the  sum  of  $10,000  thus  de-  !> 

7479  B-«y  Oaldwell.     -  {ducted  paid  to  the  Indians.    }   .  10'000  °° 

7480  Joseph  Latramboise 3,  000  00 

7481  Nis  noan  see,  (B.  B.  Kercheval,  trustee) 200  00 

7482  Margaret  Hall 1, 000  00 


169 

7483  James,   William,  David,   and   Sarah,   cbildren   of 

7484  Margaret  Hall   ............................  $3,  200  00 

7485  Margaret  Ellen  Miller,  Mont-  f  for  each  of  wbom  ") 

7486  goinery  Miller,  and  Finly  j  Eicbard  J.  Hainil-  I 

7487  Miller,  grandchildren   of]  ton,  of  Chicago,  is  J 

7488  Margaret  Hall.  ^  trustee.  \ 

7489  Jean  Letendre's  children  .  .  ,  .....................  200  00 

7490  Bernard  Grignon  -------  ,  .....................  .  .  .  100  00 

7491  Josette  Polier  ..................................  100  00 

7492  Joseph  Vieux,  Jacques  Vieux,  Louis  Vieux,  and  i 

7493  Josette  Vieux,  each  $100.  ) 

7494  Angelique  Hard  wick's  children  ...................  1,  800  00 

7495  Joseph  Bourassa  and  Mark  Bourassa  ............  200  00 

7496  Jude  Bourassa  and  Therese  Bourassa  ............  200  00 

7497  Stephen  Bourassa  and  Gabriel  Bourassa  .......  200  00 

7498  Alexander  Bourassa  and  James  Bourassa.  ...  ____  200  00 

7499  Elai  Bourassa  and  Jerome  Bourassa  ......  ......  200  00 

7500  M.  D.  Bourassa  _____  .  .....................  ,  ____  100  00 

7501  Ann  Eice  and  her  son  William  M.  liico,  and  nephew, 

7502  John   Leib  ......  ..........................  1,  000  00 

7503  Agate  Biddle  and  her  children  .  .................  900  00 

7504  Magdaline  Laframboise  and  her  sou  ..............  400  00 

7505  Therese  Schaudler  ..........................  .....  200  00 

7506  Joseph  Dailly's   son    and   daughter,   Eobert  and 

7507  Therese  .................   ,    ..............  500  00 

7508  Therese  La  we  and  George  La  we  ................  200  00 

7509  David  Lawe  and  Eachel  Lawe  ..............  .....  200  00 

7510  Eebecca  Lawe  and  Maria  Lawe  .................  200  00 

7511  Polly  Lawe  and  Jane  Lawe  .....  ,  .  .  .  .............  200  00 

7512  Appotone  Lawe  .................................  100  00 

7513  Angelique  Vieux  and  Amable  Vieux  ............  200  00 

7514  Andre  Vieux  and  Nicholas  Vieux  ...........  ......  200  00 

7515  Pierre  Vieux  and  Maria  Vieux  .......  ..........    .  200  00 

7516  Madaline  Thibeault  ....................  .........  100  00 

7517  Paul  Vieux  and  Joseph  Vieux  .....  ..............  200  00 

7518  Susanne  Vieux.  ...............................  100  00 

7519  Louis  Grignon  and  his  son  Paul  ................  200  00 

7520  Paul  Grignon,  seu'r,  and  Anuable  Grignon  ........  200  00 

7521  Perish  and  Eobert  Grignon  .....  .  ...............  200  00 

Catis  Griguou  and  Elizabeth  Grignon  ............  200  00 


7522 


7523  Ursul  Grignon  and  Charlotte  Grignon  ...........  200  00 

7524  Louise  Grignon  and  Eachel  Grignou  .  .  ............  200  00 

7525  Agate  Porlier  and  George  Grignon  ........  .  .....  200  00 

7526  Amable  Grignon  and  Emily  Grignou  .............  200  00 

7527  Therese  Grignon  and  Simon  Grignon  ............  200  00 

7528  William  Burnett  (B.  B.  Kercheval,  trustee)  ......  1,  000  00 

22  IT 


170 

7529  Shan-na-nees $400  00 

7530  Josette  Beaubien 500  00 

7531  For  the  Chippewa,  Ottawa,  and  Potawatomie  stu-  } 

7532  dents  at  the  Choctaw  Academy,  the  Hon.  II.  £  5,  000  00 

7533  M.  Johnson  to  be  the  trustee.  ) 

7534  James  and  Richard  J.  Connor 

7535  Pierre  Duverney  and  children 

7536  Joshua Boyd's  children,  (Geo.  Boyd,  esq.,  to  be  the 

7537  trustee) , 500  00 

7538  Joseph  Bailly , 1,  000  00 

7539  11.  A.  Forsyth 3,  000  00 

7540  Gabriel  Godfrey 2,  420  00 

7541  Thomas  11.  Covill .' 1, 300  00 

7542  George  Hunt 750  00 

7543  James  Kinzie 5,  000  00 

7544  Joseph  Chaunier 550  00 

7545  John  and  Mark  Noble 180-  00 

7546  Alexis  Provansalle 100  00 

7547 

7548  One  hundred  thousand  dollars $ 100,  000  00 

7549  SCHEDULE  "B."—  (Referred  to  in  the  treaty  containing  the 

7550  sums  payable  to  individuals,  on  claims  admitted  to  be  justly 

7551  due,  and  directed  to  be  paid.) 

7552  Brewster  Hogan  &  Co $343  00 

7553  John  S.  C.  Hogan 50  00 

7554  Frederick  H.  Coutraman 200  00 

7555  Brookfield  &  Bertram! 100  00 

7556  E.  E.  Heacock 1 00  00 

7557  George  W.  McClure,  U.  S.  A 125  00 

7558  David  McKee 180  00 

7559  Oliver  Emrnell 300  00 

7560  George  Hollenbeck 100  00 

7561  Martha  Gray 78  00 

7562  Charles  Taylor 187  00 

7563  Joseph  Naper 71  00 

7564  John  Mann 200  00 

7565  James  Walker 200  00 

7566  John  Blackstone 100  00 

7567  Harris  £  McCord 175  00 

7568  George  W.  Dole 133  00 

7569  George  Haverhill 60  00 

7570  William  Whistler,  U.  S.  A 17  000  00 

7571  Squire  Thompson 100  00 

7572  C.  C.  Trowbridge 2,  000  00 

7573  Louis  Druillard 350  00 

7574  Abraham  Francis..  2500 


171 

7575  13.  R.  Bearss  &  Co $250  00 

7576  Dr.  E.  Winslow 150  00 

7577  Nicholas  Klinger 77  00 

7578  Joseph  Porthier l!00  00 

7579  Clark  Hollenbeck 50  00 

7580  Henry  Ensleii 75  00 

7581  Robert  A.  Kinzie 1,  216  00 

7582  Joseph  Ogie 200  00 

7583  Thomas  Hartzell 400  00 

7584  Calvin  Britain 46  00 

7585  Benjamin  Fry 400  00 

7586  Pierre  F.  Navarre 100  00 

7587  C.  H.  Chapman 30  00 

7588  James  Kinzie 300  00 

7589  G.  S.  Hubbard 125  00 

7590  Jacque  Jenveanx 150  00 

7591  John  B.  Du  Charme 55  00 

7592  John  Wright  , , 15  00 

7593  James  Galloway 200  00 

7594  William  Marquis 150  00 

7595  Louis  Chevalier,  adin'r  of  J.  B.  Chevalier,  dec'd..  112  00 

7596  Solomon  McCullough 100  00 

7597  Joseph  Curtis 50  00 

7598  Edward  E.  Hunter 90  00 

7599  Rachel  Legg 25  00 

7600  Peter  Lamseet 100  00 

7601  Robert  Beresford 200  00 

7602  G.  W.  &  W.  Laird 150  00 

7603  M.  B.  Beaubien 440  00 

7604  Jeduthan  Smith 60  00 

7605  Edmund  Weed 100  00 

7606  Philip  Maxwell,  U.  S.  A 35  00 

7607  Henry  Gratiot 11600 

7608  Tyler  K.  Blodgett. 50  00 

7609  Nehemiah  King 125  00 

7610  S.  P.  Brady 188  00 

7611  James  Harrington 68  00 

7612  Samuel  Ellice 50  00 

7613  Peter  Menard,  Maumee 500  00 

7614  John  W.  Anderson  .  „ 350  00 

7615  David  Bailey 50  00 

7616  Win.  G.  Knaggs 100  00 

7617  John  Hively 150  00 

7618  John  B.  Bertrand,  sen'r 50  00 

7619  Robert  A.  Forsyth 3,  000  00 

7620  Maria  Kercheval . .                       3, 000  00 


172 

7621  Alice  Hunt $3,  000  00 

7622  Jane  C.  Forsyth 3, 000  00 

7623  John  H.  Kiuzie 5,  000  00 

7624  Ellen  M.  Wolcott 5,  000  00 

7625  Maria  Hunter 5, 000  00 

7626  Robert  A.  Kinzie  5,  000  00 

7627  Samuel  Godfrey 120  00 

7628  John  E.  Schwarz 4,  800  00 

7629  Joseph  Loranger 5,  000  00 

7630  H.  B.  and  G.  W.  Hoffman 358  00 

7631  Phelps  &  Wendell 660  00 

7632  Henry  Johns 270  00 

7633  Benjamin  C.  Hoyt 20  00 

7634  John  H.  Kinzie,  in  trust  for  the  heirs  of  Jos.  Mi- 

7635  randa,  dec'd 250  00 

7636  Francis  Bourbounais,  sen'r 500  00 

7637  Francis  Burbonuais,  jun'r 200  00 

7638  E.  A.  Forsyth,  in  trust  for  Catherine  McKeuzie. . .  1,  000  00 

7639  James  Laird 50  00 

7640  Montgomery  Evans 250  00 

7641  Joseph  Bertrand,  jr 30000 

7642  George  Hunt 900  00 

7643  Benjamin  Sherman 150  00 

7644  W.  and  F.  Brewster,  assignees  of  Joseph  Bertrand, 

7645  sen'r. 700  00 

7646  John  Forsyth,  in  trust  for  the  heirs  of  Charles 

7647  Peltier,  dec'd 900  00 

7648  William  Hazard 30  00 

7649  James  Shirley 125  00 

7650  Jacob  Platter 25  00 

7651  John  B.  Bourie 2,  500  00 

7652  B.  B.  Kercheval 1,  500  00 

7653  Charles  Lucier 75  00 

7654  Mark  Beaubien. 500  00 

7655  Catharine  Stewart 82  00 

7656  Francis  Mouton , 200  00 

7657  Dr.  William  Brown 40  00 

7658  E.  A.  Forsyth,  in  trust  for  heirs  of  Charles  Guion.  200  00 

7659  Joseph  Betrand,  sen'r 652  00 

7660  Moses  Eice 800  00 

7661  James  Connor 2, 250  00 

7662  John  B.  Du  Charine 250  00 

7663  Coquillard  &  Comparet 5,  000  00 

7664  Richard  J.  Hamilton 500  00 

7665  Adolphus  Chapin 80  00 

7666  John  Dixon  .  140  00 


173 

7667  •  Wm.  Huff $81  00 

7668  Stephen  Mack,  in  trust  for  tiie  lieirs  of  Stephen 

7669  Mack,  deceased 500  00 

7670  Thomas  Forsyth 1?  500  00 

7671  Felix  Fontaine . . . . , 200,  00 

7672  Jacque  Mete .... 200  00 

7673  Francis  Boucher 250  00 

7674  Margaret  Helm 2,  000  00 

7675  O.  P.  Lacy 1,  000  00 

7676  Henry  and  Eichard  J.  Connor 1,  500  00 

7677  James  W.  Craig 50  00 

7678  E.  A.  Forsyth,  (Maumee) 1, 300  00 

7679  Antoine  Peltier      do         200  00 

7680  E.  A.  Forsyth,  in  trust  for  Waii-se-on-o-quet 300  00 

7681  John  E.  Hunt  . .    : ...  1,  450  00 

7682  Payne  C.  Parker 70  00 

7683  Isaac  Hull 1,  000  00 

7684  Foreman  Evans 32  00 

7685  Horatio  K  Curtis 300  00 

7686  lea  Eice 250  00 

7687  Thomas  P.  Quick , 35  00 

7688  George  B.  Woodcox 60  00 

7689  John  Woodcox 40  00 

7690  George  B.  Knaggs 1, 400  00 

7691  Ebenezer  Eead 100  00 

7692  George  Pomeroy . 150  00 

7693  Thomas  K.  Green 70  00 

7694  William  Mieure,  in  trust  for  Willis  Fellows 500  00 

7695  Z.  Cicott 1,  800  00 

7696  John  Johnson 100  00 

7697  Antoiue  Antilla 100  00 

7698  JohnBaldwin - 500  00 

7699  Isaac  G.  Bailey 100  00 

7700  James  Cowen 35  00 

7701  Joseph  D.  Lane 50  00 

7702  T.  E.  Phelps 250  00 

7703  Edmund  Eoberts. . .. . 50  00 

7704  Augustus  Bona 60  00 

7705  E.  C.  Winter  &  Co 1,  850  00 

7706  Charles  W.  Ewing 200  00 

7707  Antoine  Ouilrnett 800  00 

7708  John  Bt.  Chandouai,  ($1,000  of  this  sum  to  be  paid 

7709  to  Eobert  Stuart,  agent  of  American  Fur  Com- 

7710  pany,  by  the  particular  request  of  Jno.  B.  Chan- 

7711  donai) 2, 500  00 

7712  Lowrin  Marsh 3,  290  00 


174 


7713 
7714 
7715 
7716 
7717 
7718 
7719 
7720 
7721 
7722 
7723 
7724 
7725 
7726 
7727 
7728 
7729 
7730 
7731 
7732 
7733 
7734 
7735 
7736 
7737 
7738 
7739 
7740 
7741 
7742 
7743 
7744 
7745 
7746 
7747 
7748 
7749 
7750 
7751 
7752 
7753 
7754 
7755 
7756 
7757 
7758 


P.  &  J.  J.  Godfrey 

David  Hull 

Andrew  Drouillard , 

Jacob  Beeson  &  Co 

Jacob  Beeson 

John  Anderson 

John  Green 

James  B.  Campbell , 

Pierre  Menard,  juu.,  in  right  of  G.  W.  Campbell 

George  E.  Walker 

Joseph  Thebault 

Gideon  Lowe,  U.  S.  A 

Pierre  Menard,  jun 

John  Tharp 

Pierre  Menard,  jr.,  in  trust  for  Marie  Tremble  . . 

Henry  B.  Stillman 

John  Hamblin 

Francois  Page 

George  Brooks 

Franklin  McMillan 

Lorance  Shellhouse 

Martin  G.  Shellhouse 

Peter  Bellair 

Joseph  Morass 

John  I.  Wendell 

A.  T.  Hatch 

Stephen  Downing 

Samuel  Miller 

Moses  Hardwick 

Margaret  May 

Frances  Felix 

John  B.  Botirie 

Harriet  Ewing 

Nancy  Hedges 

David  Bourie 

Caroline  Ferry ....    

Bowrie  &  Minie , 

Charles  Miuie 

Francis  Minie 

David  Bourie 

Henry  Ossum  Eeed 

Fraucoise  Bezion 

Dominique  Rousseau 

Hanna  &  Taylor . . , 

John  P.  Hedges 

Francois  Chobare  . 


$2,  000  00 
500  00 
500  00 
220  00 
900  00 
600  00 
100.00 
600  00 
250  00 
1,000  00 

50  00 

160  00 

2,000  00 

45  00 
500  00 
300  00 
500  00 
100  00 

20  00 
100  00 

30  00 

35  00 
150  00 
200  00 
2,000  00 
300  00 
100  00 
100  00 

75  00 

400  00 

1,100  00 

500  00 

500  00 

500  00 

500  00 

500  00 

f>00  00 

600  00 

700  00 

150  00 

200  00 

2, 500  00 

500  00 

1,570  00 

1,000  00 

1,000  00 


175 

7759  Isadore  Ohobare .. ., $600  CO 

7760  Jacob  Leepliart 700  00 

7761  Amos  Amsdeu , 400  00 

77613     Nicholas  Boilvin 350  00 

7763  Archibald  Clyburn 200  00 

7764  William  Conner,  (Michigan) 70  00 

7765  Tunis  S.  Wendall 500  00 

7766  Noel  Vasseur 800  00 

7767  James  Abbott,  agent  of  the  American  Fur  Com- 

7768  pany.  2,300  00 

7769  Robert  Stewart,  agent  of  the  American  Fur  Com- 

7770  pany 17, 000  00 

7771  Solomon  Jeauneau 2, 100  00 

7772  John  Bt.  Beaubin 250  00 

7773  Stephen  Mack,  jr 350  00 

7774  John  Lawe ..         3,  000  00 

7775  Alexis  Larose 1 ,  000  00 

7776  Daniel  Whitney 1,  350  00 

7777  P.  &  A.  Grignon 650  00 

7778  Louis  Grfguon 2,  000  00 

7779  Jacques  Vieux. 2,  000  00 

7780  Laframboise  &  Bourassa 1,  300  00 

7781  Heirs  of  X.  Bolvin,  deceased 1,  000  00 

7782  John  K.  Clark 400  00 

7783  William  G.  &  G.  W.  Ewing 5,  000  00 

7784  Rufus  Hitchcock 400  00 

7785  Reed  and  Coons 200  00 

7786  B.  H.  Laughton 1,  000  00 

7787  Rufus  Downing 500  00 

•7788    Charles  Reed 200  00 

7789 

7790  One  hundred  and  seventy-live  thousand  dollars.  $175,  000  00 

7791  The  above  claims  have  been  admitted  and  directed  to  be 

7792  paid  only  in  case  they  be  accepted  in  full  of  all  claims  and 

7793  demands  up  to  the  present  date. 

7794  G.  B.  PORTER, 

7795  TH.  J.  V.  OWEN, 

7796  WILLIAM   WEATHERFORD. 

7797  All  the  debts  mentioned  in  the  above  Schedule  B,  and  which 

7798  were  specified  in  Exhibit  E  to  the  report  of  the  committee,  to  be 

7799  examined  by  a  commissioner  to  be  appointed  by  the  President, 

7800  by  and  with  the  advice  and  consent  of  the  Senate,  and  the  indi- 

7801  viduals  to  be  paid  only  the  sums  found  by  said  commissioner 

7802  to  be  justly  due,  in  no  instance  increasing  the  sum  agreed  to  be 

7803  paid  ;  and  whatever  sum  is  saved  by  deduction  or  disallowance 


176 

7804  of  the  debts  in  Exhibit  E  to  be  paid  to  the  Indians,  and  the 

7805  residue  to  the  claimants  respectively. 

7806  Agreeably  to  the  stipulations  contained  in  the  3d  article 

7807  of  the  treaty,  there  have  been  purchased  and  delivered,  at  the 

7808  request  of  the  Indians,  goods,  provisions,  and  horses,  to  the 

7809  amount  of  sixty-live  thousand  dollars,  (leaving  the  balance  to 

7810  be  supplied  in  the  year  one  thousand  eight  hundred  and  thirty  - 

7811  four,  thirty-five  thousand  dollars.) 

7812  Articles  supplementary  to  the  treaty  made  at  Chicago,  in  the  State 

7813  of  Illinois,  on  the  26th  day  of  September,  one  thousand  eight 

7814  hundred  and  thirty-three,  between  George  B.  Porter,  Thomas 

7815  J.  V.  Owen,  and  William   Weather  ford,  commissioners  on  the 

7816  part  of  the  United  States,  of  the  one  part,  and  the  United 

7817  Nation  of  Cliippewa,  Ottowa,  and  Potawatamie  Indians,  of  the 

7818  other  part,  concluded  at  the  same  place  on  the  twenty -seventh 

7819  day  of  September,  one  thousand  eight  hundred  and  thirty-three, 

7820  between  the  said   commissioners  on  the  part   of  the    United 

7821  States,  of  the  one  part,  and  the  chiefs  and  head  men  of  the  said 

7822  United  Nation  of  Indians,  residing   upon  the  reservations  of 

7823  land  situated  in  the  Territory  of  Michigan,  south  of  Grand 

7824  River,  of  the  other  part. 

7825  ARTICLE  1.  The  said  chiefs  and  head-men  cede  to  the  United 

7826  States  all  their  land  situate  in  the  Territory  of  Michigan  south 

7827  of  Grand  Eiver,  being  the  reservation  at  Notawasepe  of  four 

7828  miles  square   contained  in  the  3d  clause  of  the  2d  article  of 

7829  the  treaty  made  at  Chicago  on  the  29th  day  of  August,  1821, 

7830  and  the  ninety-nine  sections  of  land  contained  in  the  treaty  made 

7831  at  St.  Joseph  on  the  19th  day  of  September,  1827  ;  and  also  the 

7832  tract  of  laud  on  St.  Joseph  River  opposite  the  town  of  Niles, 

7833  and  extending  to  the  line  of  the  State  of  Indiana,  on  which  the 

7834  villages  of  To-pe-ne-bee  and  Pokagon  are  situated,  supposed  to 

7835  contain  about  forty-nine  sections. 

7836  ARTICLE  2.  In  consideration  of  the  above  cession,  it  is 

7837  hereby  agreed  that  the  said  chiefs  and  head-men,  and   their 

7838  immediate  tribes,  shall  be  considered  as  parties  to  the  said 

7839  treaty  to  which  this  is  supplementary,  and  be  entitled  to  partici- 

7840  pate  in  all  the  provisions  therein  contained,  as  a  part  of  the 

7841  United  Nation;  and  further,  that  there  shall  be  paid  by  the 

7842  United  States  the  sum  of  one  hundred  thousand  dollars,  to  be 

7843  applied  as  follows : 

7844  Ten  thousand  dollars  in  addition  to  the  general  fund  of  one 

7845  hundred  thousand  dollars,  contained  in  the  said  treaty,  to  satisfy 

7846  sundry  individuals  in  behalf  of  whom  reservations  were  asked 

7847  which  the  commissioners  refused  to  grant ;  the  manner  in  which 


177 

7848  the  same  is  to  be  paid  being  set  forth  in  the  schedule  "  A,"  here 

7849  unto  annexed. 

7850  Twenty-five  thousand  dollars  in  addition  to  the  sum  of  one 
78r>l  hundred  and  fifty  thousand  dollars  contained  in  the  said  treaty, 

7852  to   satisfy  the  claims  made  against  all  composing  the  United 

7853  Xation  of  Indians,  which  they  have  admitted  to  be  justly  due, 

7854  and  directed  to  be  paid  according  to  Schedule  "  B,"  to  the  treaty 

7855  annexed. 

7856  Twenty-five  thousand  dollars,  to  be  paid  in  goods,  provisions, 

7857  and  horses,  in  addition  to  the  one  hundred  thousand  dollars  coii- 

7858  tained  in  the  treaty. 

7859  And  forty  thousand  dollars  to  be  paid  in  annuities  of  two 

7860  thousand  dollars  a  year  for  twenty  years,  in  addition  to  the  two 

7861  hundred  and  eighty  thousand  dollars  inserted  in  the  treaty,  and 
862  divided  into  payments  of  fourteen  thousand  dollars  a  year. 

7863  ARTICLE  3.  All  the  Indians  residing  on  the  said  reservations 

864  in  Michigan  shall  remove  therefrom  within  three  years  from  this 

865  date,  during  which  time  they  shall  not  be  disturbed  in  their 

7866  possession,  nor  in  hunting  upon  the  lands  as  heretofore.     In  the 

7867  mean  time  no  interruption  shall  be  offered  to  the  survey  and  sale 

7868  of  the  same  by  the  United  States.     In  case,  however,  the  said 

7869  Indians  shall  sooner  remove,  the  Government  may  take  immedi- 

7870  ate  possession  thereof. 

7871  ARTICLE  4.  Stricken  out. 

7872  And  provided  that  the  lauds  given  to  the  said  Indians,  in 

7873  exchange,  in  place  of  being  bounded  in  the  manner  described  in 

7874  the  treaty,  be  so  changed  that  the  first  line  shall  begin  at  the 

7875  mouth  of  Boyer's  River,  and  run  down  the  River  Missouri  to  a 

7876  point  thereon  from  which  a  line  running  due  east  will  strike  the 

7877  northwestern  corner  of  the  State  of  Missouri;  from  that  point 

7878  due  east  till  it  strikes  said  northwest  corner;  then  along  the 

7879  northern  boundary-line  of  said  State,  till  it  strikes  the  line  of  the 

7880  lands  belonging  to  the  Fox  and  Sac  Indians;  thence  northwardly, 

7881  so  far  as  to  make  to  the  Indians  full  compensation  for  the  quan- 

7882  tity  of  land  which  will  be  thus  taken  from  them  on  the  south- 

7883  western  part  of  the  tract  allowed  them  by  the  boundaries  as 

7884  at  present  described  in  the  treaty;  and  provided,  further,  that 

7885  this  alteration  of  boundaries  can  be  effected  with  the  consent  of 

7886  the  Indians.     Also  the  said  commissioner  shall  examine  whether 

7887  three  thousand  dollars,  a  part  of  the  sum  of  seventeen  thousand 

7888  dollars  directed  to  be  paid  to  Robert  Stuart,  agent  of  the  Ameri- 

7889  can  Fur  Company,  was  to  be  paid  and  received  in  full  discharge 

7890  of  all   claims  and  demands  which  said   company  had   against 

7891  Gurdon  S.  Hubbard  and  James  Kinzie  ;  and  if  he  finds  it  was  to 

7892  be  so  paid,  that  then  the  sum  of  fourteen  thousand  dollars,  ow///, 

7893  be  paid,  until  said  agent  of  said  company  give  a  receipt  of  all 

23  I  T 


178 

7894  debts  due,  and  demands  which  said  company  had  against  said 

7895  Hubbard  and  Kinziej  and,  upon  giving  such  receipt,  that  then 

7896  the  said  sum  of  three  thousand  dollars  be  likewise  paid  to  said 

7897  agent. 

7898  These  supplementary  articles,  after  the  same  shall  have  been 

7899  ratified  by  the  President  and  Senate  of  the  United  States,  shall 

7900  be  binding  on  the  contracting  parties. 

7901  SCHEDULE  "A."—  (Referred  to  in  the  article  supplementary 

7902  to  the  treaty,  containing  the  sums  payable  to  individuals,  in  lieu 

7903  of  reservations  of  land.) 

7904  Po-ka-gon $27  000  00 

7905  Eebecca  Burnett,  )   Ed  Brooks,  trustee  for  each.  {  50°  °° 

7906  Mary  Burnett  i             250  00 

7907  Martha  Burnett  (R.  A.  Forsy th,  trustee) 250  00 

7908  Madaline  Bertrand 200  00 

7909  Joseph  Bertrand,  junr 200  00 

7910  Luke  Bertrand,  junr 200  00 

7911  Benjamin  Bertrand 20000 

7912  Lawrence  Bertrand 200  00 

7913  Theresa  Bertrand 200  00 

7914  Amable  Bertrand 200  00 

7915  Julianne  Bertrand 200  00 

7916  Joseph  H.  Bertrand 100  00 

7917  Mary  M.  Bertrand „ 100  00 

7918  M.  L.  Bertrand 100  06 

7919  John  B.  Du  Charme 200  00 

7920  Elizabeth  Du  Charme,  (R.  A.  Forsy  th,  trustee) ....  800  00 

7921  George  Henderson 400  09 

7922  Mary  Nado  and  children 400  00 

7923  John  Bt.  Chandouai 1,000  00 

7924  Charles  Chandonai,  )  For  each  of  whom  R.  A.  (  400  00 

7925  Mary  Chaudonai,      /     Forsyth  is  trustee.  (             400  00 

7926  Mary  St.  Comb  and  children 300  00 

7927  Sa-gen-nais'  daughter 200  00 

7928  Me-chain,  daughter  of  Pe-che  co 200  00 

7929  Alexis  Rolan 200  00 

7930  Polly  Neighbush 200  00 

7931  Francois  Page's  wife  and  children 200  00 

7932  Pierre  F.  Navarre's  children 1 00  00 

7933  Jarmont,  (half-breed) 10000 

7934  

7935  Ten  thousand  dollars $10,000  00 

7936  Agreeably  to  the  stipulations  contained  in  the  articles  sup- 

7937  plementary  to  the  treaty,  there  have  been  purchased  and  de- 

7938  livered  at  the  request  of  the  Indians,  goods,  provisions,  and 


179 

7939  horses  to  the  amount  of  fifteen  thousand  dollars,  (leaving  the 

7940  balance  to  be  supplied  hereafter  ten  thousand  dollars.) 

7941  And  as,  since  the  signing  of  the  treaty,  a  part  of  the  baud 

7942  residing  on  the  reservations  in  the  Territory  of  Michigan  have 

7943  requested,  on  account  of  their  religious  creed,  permission  to  re- 

7944  move  to  the  northern  part  of  the  peninsula  of  Michigan,  it  is 

7945  agreed  that  in  case  of  such  removal  the  just  proportion  of  all 

7946  annuities  payable  to  them  under  former  treaties,  and  that  arising 

7947  from  the  sale  of  the  reservation  on  which  they  now  reside,  shall 
7943  be  paid  to  them  at  LTarbre  Croche. 

7949  The  commissioners  certify  that  when  these  supplementary 

7950  articles  were  ready  for  signature,  the  original  paper,  of  which 

7951  the  annexed  is  a  copy,  was  presented  by  Messrs.  Peter  and 

7952  James  J.  Godfroy,  and  the  due  execution  of  it  was  made  sat- 

7953  isfactorily  appear  to  the   commissioners,  the  subscribing  wit- 

7954  nesses,  R.  A.  Forsyth  and  Robert  A.  Kinzie,  being  present.    The 

7955  chiefs  and  head  men  present  recognizing  this  as  a  reservation, 

7956  it  was  agreed  that  it  shall  be  considered  in  the  same  light  as 

7957  though  the  purport  of  the  instrument  had  been  inserted  in  the 

7958  body  of  the  treaty;  with   the  understanding  that  the  rejection 

7959  of  it  by  the  President  and  Senate  of  the  United  States  shall  not 

7960  affect  the  validity  of  the  treaty. 

7964  Know  all  men  by  these  presents  that  \ve,  the  undersigned 

7962  chiefs  and  young  men  of  thePotawatamie  tribe  of  Indians  living 

7963  at  Na-to-wa-se-pe,  in  the  Territory  of  Michigan,  for  and  in  con- 

7964  sideration  of  the  friendship  and  sundry  services  rendered  to  us 

7965  by  Peter  and  James  J.  Godfroy,  we  do  hereby  by  these  presents 

7966  give,  grant,  alien,  transfer,  and  convey  unto  the  said  Godfreys, 

7967  their  heirs  and  assigns  forever,  one  entire  section  of  land  situate, 

7968  lying,  and  being  on  our  reserve  of  Na-to-wa-se-pe,  in  the  Terri- 

7969  tory  aforesaid,  to  be  located  by  said  Godfreys  wherever  on  said 

7970  reserve  they  shall  think  it  more  to  their  advantage  and  benefit. 
7974  It  is  moreover  the  wishes  of  the  undersigned  chiefs  and 

7972  young  men  as  aforesaid,  that  so  soon  as  there  shall  be  a  treaty 

7973  held  between  the  United  States  and  our  said  tribe  of  Potawat- 

7974  amies,  that  our  Great  Father,  the  President,  confirm  and  make 

7975  good  this  our  grant  unto  them,  the  said  Godfreys,  by  issuing 

7976  a  patent  therefor  to  them  and  to  their  heirs  forever. 

7977  In  so  doing  our  Great  Father  will  accomplish  the  wishes  of 

7978  his  children. 

7979  CHICAGO,  Illinois,  October  1,  1834. 

7980  Tiio.  J.  V.  O\VEN,  Esq., 

7981  United  States  Indian  Agent  : 

7982  FATHER  :  Feeling  a  disposition  to  comply  with  the  resolu- 

7983  tion  of  the  Senate  of  the  United  States,  and  the  views  of  the 

7984  Government  in  relation   to  an  alteration  in  the  boundaries  of 


180 

7985  tbe  country  ceded  to  the  united  nation  of  Ohippewa,  Ottawa, 

7986  and  Potawataraie  Indians  at  the  treaty  at  Chicago,  in  the  State 

7987  of  Illinois,  concluded  on  the  26th  and  27th  days  of  September, 

7988  1833  :  we  therefore  propose,  as  the  chiefs  of  the  said  united 

7989  nation,  and  for  and  on  their  behalf,   that  we  will   accept   of 

7990  the  following  alteration  in  the  boundaries  of  the  said  tract  of 

7991  country,  viz  :  Beginning  at  the  mouth  of  Boyer's  River;  thence 

7992  down  the  Missouri  River,  to  a  point  thereon,  from  which  a 

7993  due  east  liue  would  strike  the  northwest  corner  of  the  State 

7994  of  Missouri  j  thence  along  the  said  east   line,  to  the  uorth- 

7995  west  corner  of  said  State ;    then  along  the  northern   bound- 

7996  ary-line  of  the  said  State  of  Missouri,  till  it  strikes  the  line  of 

7997  the  lands  of  the  Sac  and  Fox  Indians  ;  thence  northwardly  along 

7998  said  line  to  a  point  from  which  a  west  line  would  strike  the 

7999  sources  of  the  Little  Sioux  River  ;  thence  along  said  west  line, 

8000  till  it  strikes  the  said  sources  of  said  river :  then  down  said  river 

8001  to  its  mouth  ;  thence  down  the  Missouri  River,  to  the  place  of 

8002  beginning  :  Provided  the  said  boundary  shall  contain  five  million 

8003  of  acres  ;  but  should  it  contain  more,  then  said  boundaries  are 

8004  to  be  reduced  so  as  to  contain  the  said  five  millions  of  acres. 

8005  And,  in  consideration  ot  the  alteration  of  said  boundary  we 

8006  ask  that  ten  thousand  dollars  should  be  paid  to  such  cominis- 

8007  sioner  as  shall  be  designated  by  us  to  receive  the  same  west  of 

8008  the  Mississippi  River,  at  such  place  on  the  tract  of  country  ceded 

8009  to  the  said  United  Nation  as  we  may  designate,  and  to  be  applied 
80  0  as  we  may  direct  for  the  use  and  benefit  of  the  said  nation.     And 

8011  the  further  sum  of  two  thousand  dollars  to  be  paid  to  Gholson 

8012  Kercheval,  of  Chicago,  Illinois,  for  services  rendered  the  said 

8013  United  Xation  of  Indians  during  the  late  war  between  the  United 

8014  States  Government  and  the  Sacs  and  Foxes ;  and  the  further 

8015  sum  of  one  thousand   dollars  to  George  E.  Walker  for  services 

8016  rendered  the  said  United  Xation  in  bringing  Indian  prisoners 

8017  from  west  of  the  Mississippi  River  to  Ottawa,  Laselle  County, 

8018  Illinois,  for  whose  appearance  at  the  circuit  court  of  said  county 

8019  the  said  nation  was  bound. 

8020  The  foregoing  propositions  are  made  with  the  expectation 

8021  that  with  the  exception  of  the  alteration  in  the  proposed  bound- 

8022  ary,  and  the  indemnity  herein  demanded  as  an  equivalent  for 

8023  said  exchange,  the  whole  of  the  treaty  made  and  concluded  at 

8024  this  place  on  the  26th  and  27th  days  of  September,  1833,  be  rat- 

8025  ified  as  made  and  concluded  at  that  time,  within  the  space  of 

8026  five  months  from  the  present  date  ;  otherwise  it  is  our  wish  that 

8027  the  whole  of  the  said  treaty  should  be  considered  as  cancelled. 

8028  "  That  the  Senate  do  advise  and  consent  to  the  alteration 

8029  proposed  by  the  chiefs  of  the  united  nation  of  Chippewa,  Ottawa, 

8030  and  Pottawattamie  Indians,  concluded  at  Chicago,  in  the  State 


181 

8031  of  Illinois,  on  the  first  day  of  October,  1834,  to  the  treaty  con- 

8032  eluded  between  the  commissioners  on  the  part  of  the  United 

8033  States  and  the  chiefs  of  the  said  united  nation  on  the  26th  of 

8034  September,  1833,  it  being  expressly  understood  by  the  Senate 

8035  that  no  other  of  the  provisions  of  the  resolution  of  the  Senate 

8036  of  the  22d  day  of  May,  1834,  ratifying  the  said  treaty,  shall  be 

8037  affected,  or  in  any  manner  changed,  by  the  said  proposed  alter- 

8038  ation  of  1st  October,  1834,  excepting  the  proposed  alteration  in 

8039  the  boundaries  therein  mentioned,  and  the  sums  of  money  therein 

8040  stipulated  to  be  paid." 

8041  Proclaimed  February  21,  1835. 

8042  Whereas  the  various  bands  of  the  Pottowautomie  Indians, 

8043  known  as  the  Chippewas,  Ottawas,  and  Pottowautoniies,  the 

8044  Pottowautoniies  of   the  Prairie,   the  Pottowautomies  of   the 

8045  Wabash,  and  the  Pottowautomies  of  Indiana,  have,  subsequent 

8046  to  the  year  1828,  entered  into  separate  and  distinct  treaties  with 

8047  the  United  States,  by  which  they  have  been  separated  and 

8048  located  in  different  countries,  and  difficulties  have  arisen  as  to 

8049  the  proper  distribution  of  the  stipulations  under  various  treaties, 

8050  and  being  the  same  people  by  kindred,  by  feeling,  and  by  lan- 

8051  guage,  and  having,  in  former  periods,  lived  on  and  owned  their 

8052  lands  in  common,  and  being  desirous  to  unite  in  one  common 

8053  country,  and  again  become  one  people,  and  receive  their  annui- 

8054  ties  and  other  benefits  in  common,   and  to  abolish  all  minor 

8055  distinctions  of  bands  by  which  they  have  heretofore  been  divided, 

8056  and  are  anxious  to  be  known  only  as  the  Pottowautomie  Nation, 

8057  thereby  reinstating  the  national  character ;  and 

8058  Whereas  the  United  States  are  also  anxious  to  restore  and 

8059  concentrate  said  tribes  to  a  state  so  desirable  and  necessary  for 

8060  the  happiness  of  their  people,  as  well  as  to  enable  the  Govern- 

8061  ment  to  arrange  and  manage  its  intercourse  with  them  : 

8062  Now,  therefore,  the  United  States  and  the  said  Indians  do 

8063  hereby  agree  that  said  people  shall  hereafter  be  known  as  a 

8064  nation,  to  be  called  the  Pottowautomie  Nation  5   and  to  the 

8065  following 


*  - 


8066  Articles  of  a  treaty  made  and  concluded  at  the  Agency  on  the  Mis* 

8067  souri  River,  near  Council  Bluffs*  on  the  fifth  day  of  June, 

8068  and  at  Pottawatomie  Creek,  near  the  Osage  River,  south  and 

8069  west  of  the  State  of  Missouri,  on  the  seventeenth  day  of  the  same 

8070  month,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 

8071  forty  >s'uc,  'between  T.  P.  Andrews,   Thomas  H.  Harvey,  and 

8072  Gideon  C.  Matlock,  commissioners  on  the  part  of  the  United 

8073  States  on  the  one  part,  and  the  various  lands  of  the  Pottowau- 

8074  tomie,  Clrippewas,  and  Ottoiras  Indians  on  the  other  part : 


182 

8075  ARTICLE  1.  It  is  solemnly  agreed  that  the  peace  and  friend- 

8076  ship  which  so  happily  exist  between  the  people  of  the  United 

8077  States  and  the  Pottowautomie  Indians  shall  continue  forever ; 

8078  the  said  tribes  of  Indians  giving  assurance,  hereby,  of  fidelity  and 

8079  friendship  to  the  Government  and  people  of  the  United  States, 

8080  and  the  United  States  giving,  at  the  same  time,  promise  of  all 

8081  proper  care  and  parental  protection. 

8082  ARTICLE  2.  The  said  tribes  of  Indians  hereby  agree  to  sell 

8083  and  cede,  and  do  hereby  sell  and  cede  to  the  United  States,  all 

8084  the  lands  to  which  they  have  claim  of  any  kind  whatsoever, 

8085  and  especially  the  tracts  or  parcels  of  lauds  ceded  to  them  by 

8086  the  treaty  of  Chicago,  and  subsequent  thereto,  and  now,  in 

8087  whole  or  in  part,  possessed  by  their  people,  lying  and  being 

8088  north  of  the  river  Missouri,  and  embraced  in  the  limits  of  the 

8089  Territory  of  Iowa;  and  also  all  that  tract  of  country  lying  and 

8090  being  on  or  near  the  Osage  Eiver,  and  west  of  the  State  of  Mis- 

8091  souri ;  it  being  understood  that  these  cessions  are  not  to  affect 

8092  the  title  of  said  Indians  to  any  grants  or  reservations  made  to 

8093  them  by  former  treaties. 

8094  ARTICLE  3.  In  consideration  of  the  foregoing  cessions  or 

8095  sales  of  land  to  the  United  States,  it  is  agreed  to  pay  to  said 

8096  tribes  of  Indians  the  sum  of  eight  hundred  and  fifty  thousand 

8097  dollars,   subject  to  the  conditions,  deductions,  and  liabilities 

8098  provided  for  in  the  subsequent  articles  of  this  treaty. 

8099  .  ARTICLE  4.  The  United  States  agree  to  grant  to  the  said 

8100  united  tribes  of  Indians  possession  and  title  to  a  tract  or  par- 

8101  eel  of  land  containing  five  hundred  and   seventy-six  thousand 

8102  acres,  being  thirty  miles  square,  and  being  the  eastern  part  of 

8103  the  lands  ceded  to  the  United  States  by  the  Kansas  tribe  of  In- 

8104  diaus,  by  treaty  concluded  on  the  14th  day  of  January,  and  rati- 

8105  fied  on  the  15th  of  April  of  the  present  year,  lying  adjoining 

8106  the  Shawnees  on  the  south,  and  the  Delawares  and  Shawnees  on 

8107  the  east,  on  both  sides  of  the  Kansas  Eiver,  and  to  guarantee 

8108  the  full  and  complete  possession  of  the  same  to  the  Potto  wan  to- 

8109  mie  Nation,  parties  to  this  treaty,  as  their  land  and  home  for- 

8110  ever ;  for  which  they  are  to  pay  the  United  States  the  sum 

8111  of  eighty-seven  thousand  dollars,  to  be  deducted  from  the  gross 

8112  sum  promised  to  them  in  the  3d  article  of  this  treaty, 

8113  ARTICLE  5.  The  United  States  agree  to  pay  said  nation  of 

8114  Indians,  at  the  first  annuity  payment  after  the  ratification  of 

8115  this  treaty,  and  after  an  appropriation  shall  have  been  made 

8116  by  Congress,   the  sum.  of  fifty  thousand  dollars,   out  of  the 

8117  aggregate  sum  granted  in  the  third  article  of  this  treaty  to  en- 

8118  able  said  Indians  to  arrange  their  affairs,  and  pay  their  just 

8119  debts,  before  leaving  their  present  homes;  to  pay  for  their  im- 

8120  provementsj  to  purchase  wagons,  horses,  and  other  means  of 


183 

8121  transportation,  and  pay  individuals  for  the  loss  of  property 

8122  necessarily  sacrificed  in  moving  to  their  new  homes ;  said  sum 

8123  to  be  paid,  in  open  council,  by  the  proper  agents  of  the  United 

8124  States,  and  in  such  just  proportions  to  each  band  as  the  Presi- 

8125  dent  of  the  United  States  may  direct. 

8120  ARTICLE  G.  The  said  tribes  of  Indians  agree  to  remove  to 

8127  their  new  homes  on  the  Kansas  River,  within  two  years  from  the 

8128  ratification  of  this  treaty  :  and  further  agree  to  set  apart  the  sum 

8129  of  twenty  thousand  dollars  to  the  upper  bands,  (being  ten  dol- 

8130  lars  per  head,)  and  ten  thousand  dollars  to  the  lower  bands, 

8131  (being  five  dollars  per  head,)  to  pay  the  actual  expenses  of  re- 

8132  moving  j  and  the  sum  of  forty  thousand  dollars  for  all  the  bands, 

8133  as  subsistence  money,  for  the  first  twelve  months  after  their 

8134  arrival  at  their  new  homes ;  to  be  paid  to  them  so  soon  as  their 

8135  arrival  at  their  new  homes  is  made  known  to  the  Government, 

8136  and  convenient  arrangements  can  be  made  to  pay  the  same  be- 

8137  t \veen -the  parties  to  this  treaty  ;  the  aforesaid  sums  to  be  also 

8138  deducted  from  the  aggregate  sum  granted  by  the  United  States 

8139  to  said  tribes  of  Indians  by  the  3d  article  of  this  treaty. 

8140  ARTICLE  7.  The  balance  of  the  said  sum  of  eight  hundred 

8141  and  fifty  thousand  dollars,  after  deducting  the  cost  of  removal 

8142  and  subsistence,  &c.,  it  is  agreed  shall  remain  with  the  United 

8143  States,  in  trust  for  said  Indians,  and  an  interest  of  five  per  cent. 

8144  annually  paid  thereon,  commencing  at  the  expiration  of  one 

8145  year  after  the  removal  of  said  Indians,  and  continuing  for  thirty 

8146  years,  and  until  the  nation  shall  be  reduced  below  one  thousand 

8147  souls.    If,  after  the  expiration  of  thirty  years,  or  any  period 

8148  thereafter,  it  shall  be  ascertained  that  the  nation  is  reduced 

8149  below  that  number,  the  said  annuity  shall  thenceforth  be  paid 

8150  pro  rata  so  long  as  tuey  shall  exist  as  a  separate  aud  distinct 

8151  nation,  in  proportion   as  the  present  number  shall  bear  to  the 

8152  number  then  in  existence. 

8153  ARTICLE  8.  It  is  agreed  upon  by  the  parties  to  this  treaty 

8154  that,  after  the  removal  of  the  Pottowautomie  Nation  to  the 

8155  Kansas  country,  the  annual  interest  of  their   "improvement 

8156  fund"  shall  be  paid  out  promptly  and  fully,  for  their  benefit,  at 

8157  their  new  homes.    If,  however,  at  any  time  thereafter,  the  Pres- 

8158  ident  of  the  United  States  shall  be  of  opinion  that  it  would  be 

8159  advantageous  to  the  Pottowautomie  Nation,  and  they  should 

8160  request  the  same  to  be  done,  to  pay  them  the  interest  of  said 

8161  money  in  lieu  of  the  employment  of  persons  or  purchase  of  ma- 

8162  chines  or  implements,  he  is  hereby  authorized  to  pay  the  same, 

8163  or  any  part  thereof,  in  money,  as  their  annuities  are  paid  at  the 

8164  time  of  the  general  payments  of  annuities.    It  is  also  agreed 

8165  that,  after  the  expiration  of  two  years  from  the  ratification  of 

8166  this  treaty,  the  school-fund  of  the  Pottowautomies  shall  be  ex- 


184 

8167  peuded  entirely  in  their  own  country,  unless  their  people,  in 

8168  council,  should,  at  any  time,  express  a  desire  to  have  any  part 

8169  of  the  same  expended  in  a  different  manner. 

8170  ARTICLE  9.  It  is  agreed  by  the  parties  to  this  treaty  that 

8171  the  buildings  occupied  as  a  missionary  establishment,  including 

8172  twenty  acres  of  land  now  under  fence,  shall  be  reserved  for  the 

8173  use  of  the  Government  agency;  also  the  houses  used  for  black  - 

8174  smith  house  and  shop  shall  be  reserved  for  the  use  of  the  Pot- 

8175  towautomie  smith  j  but  should  the  property  cease  to  be  used  for 

8176  the  aforementioned  purposes,  then  it  shall  revert  to  the  use  of 

8177  the  Pottowautouiie  Nation. 

8178  ARTICLE  10.  It  is  agreed  that  hereafter  there  shall  be  paid 

8179  to  the  Pottowautomie  Nation,  annually,  the  sum  of  three  him- 

8180  dred  dollars,  in  lieu  of  the  two  thousand  pounds  of  tobacco,  iif- 

8181  teen   hundred  pounds   of  iron,  and   three  hundred   and  fifty 

8182  pounds  of  steel,  stipulated  to  be  paid  to  the  Pottowautomies 

8183  under  the  third  article  of  the  treaty  of  September  20,  1828. 

8184  Proclaimed  July  22,  1816. 


8185  CHIPPEWAS,  WYANDOTS,  DELAWAKES,  ETC. 

8186  A   treaty  of  peace  leticeen  the  United   States  of  America  and  the 

8187  tribes  of  Indians  called  the  Wyandots,  Delawares,  Shawanoes, 

8188  OttaivaSj  CMppewas,  Puiawatimes,  Miamis,  Eel-river,  Weea^s, 

8189  KicJeapoos,  PiarikasJiaws,  and  Kasl\asldans. 

8190  To  put  an  end  to  a  destructive  war,  to  settle  all  controversies, 

8191  and  to  restore  harmony  and  a  friendly  intercourse  between  the 

8192  said  United  States  and  Indian  tribes.  Anthony  Wayne,  major- 

8193  general,  commanding  the  Army  of  the  United  States,  and  sole 
8191  commissioner  for  the  good  purposes  above  mentioned,  and  the 

8195  said  tribes  of  Indians,  by  their  sachems,  chiefs,  and  warriors, 

8196  met  together  at  Greeueville,  the  headquarters  of  the  said  Army, 

8197  have  agreed  on  the  following  articles,  which,  when  ratified  by 

8198  the  President,  with  the  advice  and  consent  of  the  Senate  of  the 

8199  United  States,  shall  be  binding  on  them  and  the  said  Indian 

8200  tribes. 

8201  ARTICLE  1.  Henceforth  all  hostilities  shall  cease ;  peace  is 

8202  hereby  established,  and  shall  be  perpetual ;  and  a  friendly  inter- 

8203  course  shall  take  place  between  the  said  United  States  and  In- 

8204  dian  tribes. 

8205  ARTICLE  2.  All  prisoners  shall  onboth  sides  be  restored.  The 

8206  Indians,  prisoners  to  the  United  States,  shall  be  immediately 

8207  set  at  liberty.    The  people  of  the  United  States  still  remaining 


185 

8208  prisoners  among  the  Indians  shall  be  delivered  up  in  ninety 

8200  days  from  the  date  hereof,  to  the  general  or  commanding  officer 

8210  at  Greeneville,  Fort  Wayne,  or  Fort  Defiance ;  and  ten  chiefs 

8211  of  the  said  tribes  shall  remain  at  Greeneville  as  hostages,  until 

8212  the  delivery  of  the  prisoners  shall  be  effected. 

8213  ARTICLE  3.  The  general  boundary-line  between  the  lauds  of 

8214  the  said  Indian  tribes   shall  begin  at  the  mouth  of  Cayahoga 

8215  River,  and  run  thence  up  the  same  to  the  portage  between  that 
821G  and  the  Tuscarawas  branch  of  the  Muskingum ;  thence  down 

8217  that  branch  to  the  crossing-place  above  Fort  Lawrence;  thence 

8218  westerly  to  a  fork  of  that  branch  of  the  Great  Miami  River  run- 
8210  ning  into  the  Ohio,  at  or  near  which  fork  stood  Loromie's  store, 

8220  and  where  commences  the  portage  between  the  Miami  of  the 

8221  Ohio,  and  Saint  Mary's  River,  which  is  a  branch  of  the  Miami, 

8222  which  runs  into  Lake  Erie  ;  thence  a  westerly  course  to  Fort 

8223  Recovery,   which   stands  on    a  branch   of  the  Wabash ;  then 

8224  south-westerly  in  a  direct  line  to  the  Ohio,  so  as  to  intersect  that 

8225  river  opposite  the  mouth  of  Keutucke  or  Cuttawa  River.    And 
822G  in  consideration  of  the  peace   now   established ;  of  the  goods 

8227  formerly  received  from  the  United  States ;  of  those  now  to  be 

8228  delivered,  and  of  the  yearly  delivery  of  goods  now  stipulated^to 
8220  be  made  hereafter,  and  to  indemnify  the  United  States  for  the 

8230  injuries  and  expences  they  have  sustained  during  the  war,  the 

8231  said  Indian  tribes  do  hereby  cede  and  relinquish  forever  all 

8232  their  claims  to  the  lands  lying  eastwardly  and  southwardly  of 

8233  the  general  boundary-line  now  described ;  and  these  lands,  or 

8234  any  part  of  them,  shall  never  hereafter  be  made  a  cause  or  pre- 
8235  tence,  on  the  part  of  the  said  tribes  or  any  of  them,  of  war  or 
823G  injury  to  the  United  States,  or  any  of  the  people  thereof. 

8237  And  for  the  same  considerations,  and  as  an  evidence  of  the 

8238  returning  friendship  of  the  said  Indian  tribes,  of  their  confidence 
8230  in  the  United  States,  and  desire  to  provide  for  their  accominoda- 

8240  tiou,  and  for  that  convenient  intercourse  which  will  be  beneficial 

8241  to  both  parties,  the  said  Indian  tribes  do  also  cede  to  the  United 

8242  States  the  following  pieces  of  land,  to  wit :    (1.)  One  piece  of 

8243  laud  six  miles  square  at  or  near  Loromie's  store  before  mentioned. 

8244  (5.)  One  piece  two  miles  square  at  the  head  of  the  navigable 

8245  water  or  landing  on  the  St.  Mary's  River,  near  Girty's  town. 

8246  (3.)  One  piece  six  miles  square  at  the  head  of  the  navigable 

8247  water  of  the  An-Glaize  River.     (4.)  One  piece  six  miles  square 

8248  at  the  confluence  of  the  Au-Glaize  and  Miami  rivers,  where  Fort 

8249  Defiance  now  stands.     (5.)  One  piece  six  miles  square  at  or  near 

8250  the  confluence  of  the  rivers  St.  Mary's  and  St.  Joseph's,  where 

8251  Fort  Wayne  now  stands,  or  near  it.     (G.)  One  piece  two  miles 

8252  square  on  the  Wabash  River  at  the  end  of  the  portage  from  the 

8253  Miami  of  the  lake,  and  about  eight  miles  westward  from  Fort 

24  I  T 


186 

8254  Wayne.     (7.)  One  piece  six  miles  square  at  the  Ouatauou  or  old 

8255  Weea  towns  on  the  Wabash  Eiver.    (8.)  One  piece  twelve  miles 

8256  square  at  the  British  fort  on  the  Miami  of  the  lake  at  the  foot 

8257  of  the  rapids.     (9.)  One  piece  six  miles  square  at  the  mouth  of 

8258  the  said  river  where  it  empties  into  the  lake.     (10.)  One  piece 

8259  six  miles  square  upon  Sandusky  Lake,  where  a  fort  formerly 

8260  stood.     (11.)  One  piece  two  miles  square  at  the  lower  rapids  of 

8261  Sandusky  Eiver.     (12.)  The  post  of  Detroit  and  all  the  land  to 

8262  the  north,  the  west,  and  the  south  of  it,  of  which  the  Indian  title 

8263  has  been  extinguished  by  gifts  or  grants  to  the  French  or  English 

8264  governments 5  and  so  much  more  land  to  be  annexed  to  the 

8265  district  of  Detroit  as  shall  be  comprehended  between  the  river 

8266  Rosiiie  on  the  south,  Lake  St.  Clair  on  the  north,  and  a  line,  the 

8267  general  course  whereof  shall  be  six  miles  distant  from  the  west 

8268  end  of  Lake  Erie  and  Detroit  Eiver.     (13.)  The  post  of  Michilli- 

8269  inackinac,  and  all  the  land  on  the  island,  on  which  that  post 

8270  stands,  and  the  main  land  adjacent,  of  which  the  Indian  title 

8271  has  been  extinguished  by  gifts  or  grants  to  the  French  or  Eng- 

8272  lish  governments  5  and  a  piece  of  land  on  the  main  to  the  north 

8273  of  the  island,  to  measure  six  miles  on  Lake  Huron,  or  the  straight 

8274  between  Lakes  Huron  and  Michigan,  and  to  extend  three  miles 
82?5  back  from  the  water  of  the  lake  or  straight,  and  also  the  island 

8276  De  Bois  Blanc,  being  an  extra  and  voluntary  gift  of  the  Chipewa 

8277  Nation.     (14.)  One  piece  of  land  six  miles  square  at  the  mouth 

8278  of  Chikago  Eiver  emptying  into  the  southwest  end  of  Lake 

8279  Michigan,  where  a  fort  formerly  stood.     (15.)  One   piece  twelve 

8280  miles  square  at  or  near  the  mouth  of  the  Illinois  Eiver,  emptying 
8281 9  into  the  Mississippi.     (16.)  One  piece  six  miles  square  at  the  old 

8282  Piorias  fort  and  village,  near  the  south  end  of  the  Illinois  Lake 

8283  on  said  Illinois  Eiver.     And  whenever  the  United  States  shall 

8284  think  proper  to  survey  and  mark  the  boundaries  of  the  lands 

8285  hereby  ceded  to  them,  they  shall  give  timely  notice  thereof  to 

8286  the  said  tribes  of  Indians,  that  they  may  appoint  some  of  their 

8287  wise  chiefs  to  attend  and  see  that  the  lines  are  run  according  to 

8288  the  terms  of  this  treaty. 

8289  And  the  said  Indian  tribes  will  allow  to  the  people  of  the 

8290  United  States  a  free  passage  by  land  and  by  water,  as  due  and 

8291  the  other  shall  be  found  convenient,  through  their  country,  along 

8292  the  chain  of  posts  hereinbefore  mentioned;  that  is  to  say,  from 

8293  the  commencement  of  the  portage  aforesaid  at  or  near  Loromie's 

8294  store,  thence   along  said   portage  to  the  St.  Mary's,  and  down 

8295  the  same  to  Fort  Wayne,  and  then  down  the  Miami  to  Lake  Erie  : 

8296  again  from  the  commencement  of  the  portage  at  or  near  Loro- 

8297  mie's  store  along  the  portage  from  thence  to  the  river  Au-Glaize, 

8298  and  down  the  same  to  its  junction  with  the  Miami  at  Fort  Defi- 

8299  ance:  again  from  the  commencement  of  the  portage  aforesaid 


187 

8300  to  Sandusky  Elver,  and  down  the  same  to  Sandusky  Bay  and 

8301  Lake  Erie,  and  from  Sandusky  to  the  post  which  shall  be  taken 

8302  at  or  near  the  foot  of  the  rapids  of  the  Miami  of  the  lake ;  and 

8303  from  thence  to  Detroit.     Again  from  the  mouth  of  Chikago  to 

8304  the  commencement  of  the  portage,  between  that  river  and  the 

8305  Illinois,  and  down  the  Illinois  Eiver  to  the  Mississippi ;  also  from 

8306  Fort  Wayne  along  the  portage  aforesaid  which  leads  to  the  Wa- 

8307  bash,  and  then  down  the  Wabash  to  the  Ohio.    And  the  said 

8308  Indian  tribes  will  also  allow  to  the  people  of  the  United  States 

8309  the  free  nse  of  the  harbours  and  mouths  of  rivers  along  the  lakes 

8310  adjoining  the  Indian  lands,  for  sheltering  vessells  and  boats,  and 

8311  liberty  to  land  their  cargoes  where  necessary  for  their  safety. 

8312  ARTICLE  4.  In  consideration  of  the  peace  now  established 

8313  and  of  the  cessions  and  relinquishinents  of  lauds  made  in  the 

8314  preceding  article  by  the  said  tribes  of  Indians,  and  to  manifest 

8315  the  liberality  of  the  United  States,  as  the  great  means  of  render- 

8316  ing  this  peace  strong  and  perpetual,  the  United  States  relinquish 

8317  their  claims  to  all  other  Indian  lands  northward  of  the  river 

8318  Ohio,  eastward  of  the  Mississippi,  and  westward  and  southward 

8319  of  the  Great  Lakes  and  the  waters  uniting  them,  according  to 

8320  the  boundary-line  agreed  on  by  the  United  States  and  the  King 

8321  of  Great  Britain,  in  the  treaty  of  peace  made  between  them  in 

8322  the  year  1783.     But  from  this  relinquishinent  by  the  United 

8323  States  the  following  tracts  of  land  are  explicitly  excepted  :  1st. 

8324  The  tract  of  one  hundred  and  lifty  thousand  acres  near  the  rapids 

8325  of  the  river  Ohio,  which  has  been  assigned  to  General  Clark,  for 

8326  the  use  of  himself  and  his  warriors.    2d«  The  post  of  St.  Yinceunes 

8327  on   the  river  Wabash.  and  the  lands  adjacent,  of  which  the 

8328  Indian  title  has  been  extinguished.     3d.  The  lauds  at  all  other 

8329  places  in  possession  of  the  French  people  and  other  white  set- 

8330  tiers  among  them,  of  which  the  Indian  title  has  been  extinguished 

8331  as  mentioned  in  the  3d  article;  and  4th.  The  post  of  Fort  Mas- 

8332  sac,  toward  the  mouth  of  the  Ohio.     To  which  several  parcels  of 

8333  laud  so  excepted,  the  said  tribes  relinquish  all  the  title  and  claim 

8334  which  they  or  any  of  them  may  have. 

8335  And  for  the  same  considerations  and  with  the  same  views 

8336  as  above  mentioned,  the  United  States  now  deliver  to  the  said 

8337  Indian  tribes  a  quantity  of  goods  to  the  value  of  twenty  thou- 

8338  sand  dollars,  the  receipt  whereof  they  do  hereby  acknowledge; 

8339  and  henceforward  every  year  forever  the  United  States  will 

8340  deliver  at  some  convenient  place  northward  of  the  river  Ohio, 

8341  like  usefull  goods,  suited  to  the  circumstances  of  the  Indians,  of 

8342  the  value  of  nine  thousand  five  hundred  dollars;  reckoning  that 

8343  value  at  the  first  cost  of  the  goods  in  the  city  or  place  in  the 

8344  United  States  where  they  shall  be  procured.    The  tribes  to  which 


188 

8345  those  goods  are  to  be  annually  delivered,  and  the  proportions  in 

8346  which  they  are  to  be  delivered,  are  the  following : 

8347  1st.  To  the  Wyandots,  the  amount  of  one  thousand  dollars. 

8348  2d.  To  the  Delawares,  the  amount  of  one  thousand  dollars.    3d. 

8349  To  the  Shawauese,  the  amount  of  one   thousand  dollars.     4th. 

8350  To  the  Miainis,  the  amount  of  one  thousand  dollars.    5th.  To  the 

8351  Ottawas,  the  amount  of  one  thousand  dollars.     Oth.  TotheChip- 

8352  pewas,  the  amount  of  one  thousand  dollars.     7th.  To  the  Puta- 

8353  watimes,  the  amount  of  one  thousand  dollars.    8th.  And  to  the 

8354  Kickapoo,  Weea,  Eel  Eiver,  Piankashaw  and  Kaskaskias  tribes, 

8355  the  amount  of  five  hundred  dollars  each  :     Provided,  That  if 
8350  either  of  the  said  tribes  shall  hereafter,  at  an  annual  delivery  of 

8357  their  share  of  the  goods  aforesaid,  desire  that  a  part  of  their 

8358  annuity  should  be  furnished  in  domestic  animals,  implements  of 

8359  husbandry,  and  other  utensils  convenient  for  them,  and  in  com- 

8300  pensatiou  to  usefull  artificers  who  may  reside  with  or  near  them, 

8301  and  be  employed  for  their  benefit,  the  same  shall  at  the  subse- 

8302  queut  annual  deliveries  be  furnished  accordingly. 

8303  ARTICLE  5.  To  prevent  any  misunderstanding  about  the 

8304  Indian  lauds  relinquished  by  the  United  States  in  the  fourth 

8305  article,  it  is  no\v  explicitly  declared  that  the  meaning  of  that 
8300  relinquishment  is  this:    The  Indian  tribes    who  have  a  right 

8307  to  those  lands  are  quietly  to  enjoy  them,  hunting,  planting,  and 

8308  dwelling  thereon  so  long  as  they  please,  without  any  molestation 

8309  from  the  United  States;  but  wrheu  those  tribes,  or  any  of  them, 

8370  shall  be  disposed  to  sell  their  lauds,  or  any  part  of  them,  they 

8371  are  to  be  sold  only  to  the  United  States ;  and  uiitill  such  sale 

8372  the  United  States  will  protect  all  the  said  Indian  tribes  in  the 

8373  quiet  enjoyment  of  their  lands  against  all  citizens  of  the  United 

8374  States  and  against  all  other  white  persons  who  intrude  upon  the 

8375  same.     And  the  said  Indian  tribes  again  acknowledge  them- 
8370  selves  to  be  uuder  the  protection  of  the  said  United  States  and 

8377  no  other  power  whatever. 

8378  ARTICLE  0.  If  any  citizen  of  the  United  States,   or  any 

8379  other  white  person  or  persons,  shall  presume  to  settle  upon  the 

8380  lauds  now  relinquished  by  the  United  States,  such  citizen  or 

8381  other  person  shall  be  out  of  the  protection  of  the  United  States; 

8382  and  the  Indian  tribe  on  whose  land  the  settlement  shall  be  made 

8383  may  drive  off  the  settler,  or  punish  him  in  such  manner  as  they 

8384  shall  think  fit;  and  because  such  settlements  made  without  the 

8385  consent  of  the  United  States  will  be  injurious  to  them  as  well 
8380  as  to  the  Indians,  the  United  States  shall  be  at  liberty  to  break 

8387  them  up,  aud  remove  and  punish  the  settlers  as  they  shall  think 

8388  proper,  and  so  effect  that  protection  of  the  Indian  lands  herein- 

8389  before  stipulated. 

8390  ARTICLE   7.    The  said   tribes  of  Indians,  parties  to  this 


189 

8391  treaty,  shall  be  at  liberty  to  hunt  within  the  territory  and  lands 

8392  which  they  have  now  ceded  to  the  United  States,  without  hin- 

8393  clrance  or  molestation,  so  long  as  they  demean  themselves  peace - 

8394  ably  and  offer  no  injury  to  the  people  of  the  United  States. 

8395  ARTICLE  8.  Trade  shall  be  opened  with  the  said  Indian 
839G  tribes  5  and  they  do  hereby  respectively  engage  to  afford  pro- 

8397  tectiou  to  such  persons,  with  their  property,  as  shall  be  duly 

8398  licensed  to  reside  among  them  for  the  purpose  of  trade,  and 

8399  to  their  agents  and  servants  ;  but  no  person  shall  be  permit- 

8400  ted  to  reside  at  any  of  their  towns  or   hunting-camps   as  a 

8401  trader  who  is  not  furnished  with  a  license  for  that  purpose 

8402  under  the  hand  and  seal  of  the  superintendent  of  the  depart- 

8403  ment  northwest  of  the  Ohio,  or  such  other  person  as  the  Presi- 

8404  dent  of  the  United  States  shall  authorize  to  grant  such  licenses, 

8405  to  the  end  that  the  said  Indians  may  not  be  imposed  on  in  their 
8400  trade.     And  if  any  licensed  trader  shall  abuse  his  privilege  by 
8407  unfair  dealing,  upon  complaint  and  proof  thereof,  his  license 
840S  shall  be  taken  from  him,  and  he  shall  be  farther  punished  ac- 
8401)  cording  to  the  laws  of  the  United  States.    And  if  any  person 

8410  shall  intrude  himself  as  a  trader,  without  such  license,  the  said 

8411  Indians  shall  take  and  bring  him  before  the  superintendent  or 

8412  his  deputy,  to  be  dealt  with  according  to  law.     And  to  prevent 

8413  impositions  by  forged  licenses,  the  said  Indians  shall  at  least 

8414  once  a  year  give  information  to  the  superintendent  or  his  depu- 

8415  ties  of  the  names  of  the  traders  among  them. 

841(3  ARTICLE  9.  Lest  the  firm  peace  and  friendship  now  estab- 

8417  lished  should  be  interrupted  by  the  misconduct  of  individuals, 

8418  the  United  States  and  the  said  Indian  tribes  agree,  that  for  in- 

8419  juries  done  by  individuals  on  either  side,  no  private  revenge  or 

8420  retaliation  shall  take  place;  but,  instead  thereof,  complaint  shall 

8421  be  made  by  the  party  injured  to  the  other  ;  by  the  said  Indian 

8422  tribes,  or  any  of  them,  to  the  President  of  the  United  States,  or 

8423  the  super intendant  by  him  appointed;  and  by  the  superintend- 

8424  eut  or  other  person  appointed  by  the  Presideut,"to  the  principal 

8425  chiefs  of  the  said  Indian  tribes,  or  of  the  tribe  to  which  the  offender 

8426  belongs ;  and  such  prudent  measures  shall  then  be  pursued  as  shall 

8427  be  necessary  to  preserve  the  said  peace  and  friendship  unbroken, 

8428  until  the  Legislature  (or  Great  Council)  of  the  United  States 

8429  shall  make  other  equitable  provision  in  the  case,  to  the  satis- 

8430  faction  of  both  parties.     Should  any  Indian  tribes  meditate  a  war 

8431  against  the  United  States,  or  either  of  them,  and  the  same  shall 

8432  come  to  the  knowledge  of  the  before-mentioned  tribes,  or  either 

8433  of  them,  they  do  hereby  engage  to  give  immediate  notice  thereof 

8434  to  the  general  or  officer  commanding  the  troops  of  the  United 

8435  States  at  the  nearest  post.     And  should  any  tribe,  with  hostile 
843G  intentions  against  the  United  States,  or  either  of  them,  attempt 


190 

8437  to  pass  through  their  country,  they  will  endeavour  to  prevent 

8438  the  same,  and  in  like  manner  give  information  of  such  attempt 

8439  to  the  general  or  officer  commanding,  as  soon  as  possible,  that 

8440  all  causes  of  mistrust  and  suspicion  may  be  avoided  between 

8441  them  and  the  United  States.     In  like  manner  the  United  States 

8442  shall  give  notice  to  the  said  Indian  tribes  of  any  harm  that  may  be 

8443  meditated  against  them,  or  either  of  them,  that  shall  come  to 

8444  their  knowledge ;  and  do  all  in  their  power  to  hinder  and  pre- 
8445  vent  the  same,  that  the  friendship  between  them  may  be  unin- 
844(3  terrupted. 

8447  ARTICLE  10.  All  other  treaties  heretofore  made  between 

8448  the  United  States  and  the  said  Indian  tribes,  or  any  of  them, 

8449  since  the  treaty  of  1783,  between  the  United  States  and  Great 

8450  Britain,  that  come  within  the  purview  of    this  treaty,  shall 

8451  henceforth  cease  and  become  void. 

8452  Proclaimed  December  2,  1795. 


8453  CHIPPEWAS,  WYANDOTS,  OTTAWAS,  MUNSEES,  AND 

8454  DELA WAKES,  ETC. 

8455  A  treaty  between  the  United  States  of  America  and  the  sachems, 

8456  chiefs,  and  icarriors  of  the  Wyandot,  Ottaiva,  Chipawa,  Mun- 

8457  see    and    Delaware,   tihawanee,   and    Pottawatima  Nations, 

8458  holden  at  Fort  Industry,  on  the  Miami  of  the  lake,  on  the 

8459  fourth  day  of  July,  anno  l)^mini  one  thousand  eight  hundred 

8460  and  five. 

8461  ARTICLE  1.  The  said  Indian  nations  do  again  acknowledge 

8462  themselves  and  all  their  tribes  to  be  in  friendship  with,  and 

8463  under  the  protection  of,  the  United  States. 

8464  ARTICLE  2.  The  boundary-line  between  the  United  States 

8465  and  the  nations  aforesaid  shall  in  future  be  a  meridian-line 

8466  drawn  north  and  south,  through  a  boundary  to  be  erected  on  the 

8467  south  shore  of  Lake  Erie,  one  hundred  and  twenty  miles  due 

8468  west  of  the  west  boundary-line  of  the  State  of  Pennsylvania, 

8469  extending  north  uutill  it  intersects  the  boundary-line  of  the 

8470  United  States,  and  extending  south  it  intersects  a  line  heretofore 

8471  established  by  the  treaty  of  Grenville. 

8472  ARTICLE  3.  The  Indian  nations  aforesaid,  for  the  considera- 

8473  tioii  of  friendship  to  the  United  States,  and  the  sums  of  money 

8474  hereinafter  mentioned,  to  be  paid  annually  to  the  Wyandot, 

8475  Shawanee,  Muusee  and  Delaware  Nations,  have  ceded  and  do 

8476  hereby  cede  and  relinquish  to  said  United  States  forever,  all 

8477  the  lands  belonging  to  said  United   States  lying  east  of  the 

8478  aforesaid  line,  bounded  southerly  and  easterly  by  the  line  estab- 


191 

8471)  lisbed  by  said  treaty  of  Grenville,  and  uortberly  by  the  north- 

8480  ernniost  part  of  tbe  forty-first  degree  of  nortli  latitude. 

8481  ARTICLE  4.  Tbe  United  States,  to  preserve  harmony,  mani- 

8482  test  their  liberality,  and  in  consideration  of  tbe  cession  made  in 
848.3  tbe  preceding  article,  will,  every  year  forever  hereafter,  at  De- 

8484  troit,  or  some  other  convenient  place,  pay  and  deliver  to  the 

8485  Wyandot,  Munsee  and  Delaware  Nations,  and  those    of   the 
848G  Shawanee  and  Seneca  Nations  who  reside  with  tbe  Wyaudots, 

8487  tbe  sum  of  eight  hundred  and  twenty-five  dollars,  current  money 

8488  of  tbe  United  States,  and  tbe  farther  sum  of  one  hundred  and 
84S9  seventy-five  dollars,  making  in   tbe   whole  an  annuity  of  one 

8490  thousand  dollars  ;  which  last  sum  of  one  hundred  and  seventy  - 

8491  five  dollars  has  been  secured  to  tbe  Pr  esident,  in  trust  for  said 

8492  nations,  by  tbe  Connecticut  Land  Company^  and  by  the  com- 

8493  pauy   incorporated  by  the  name   of  •"  The  Proprietors  of  the 

8494  Half  Million  Acres  of  Land  lying  south  of  Lake  Erie,  called 

8495  Sufferer's  Land,"    payable  annually   as  aforesaid,   and   to   be 

8496  divided  between  said  nations,  from  time  to  time,  in  such  proper- 

8497  lions  as  said  nations,  with  tbe  approbation  of  the  President, 

8498  shall  agree. 

8499  ARTICLE  5.  To  prevent  all  misunderstanding  hereafter,  it 

8500  is  to  be  expressly  remembered  that  the  Ottawa  and  Chipawa 

8501  Nations,  and  such  of  the  Pottawatima  Nation  as  reside  on  tbe 

8502  river  Huron  of  Lake  Erie,  and  in  the  neighbourhood  thereof, 

8503  have  received  from  tbe  Connecticut  Land  Company,  and  tbe 

8504  company  incorporated  by  the  name  of  "  The  Proprietors  of  the 

8505  Half  Million  Acres  of  Land  lying  south  of  Lake  Erie,  called 
850G  Sufferer's  Land,"  the  sum  of  four  thousand  dollars  in  band,  and 

8507  have  secured  to  the  President  of  the  United  States,  in  trust  for 

8508  them,  the  further  sum  of  twelve  thousand  dollars,  payable  in 

8509  six  annual  instalments  of  two  thousand  each ;  which    several 

8510  sums  is   the  fall  amount  of  their  proportion  of  the  purchases 

8511  effected  by  this  treaty,  and  also  by  a  treaty  with  said  companies 

8512  bearing  even  date  herewith;  which  proportions  were  agreed  on 

8513  and  concluded  by  the  whole  of  said  nations  in  their  general 

8514  council;  which  several  sums,  together  with  two  thousand  nine 

8515  hundred  and  sixteen  dollars  and  sixty-seven  cents,  secured  to 
851G  the  President,  to  raise  said  sum  of  one  hundred  and  seventy-five 

8517  dollars  annuity  as  aforesaid,  is  the  amount  of  the  consideration 

8518  paid  by  tbe  agents  of  tbe  Connecticut  Reserve  for  the  cession 

8519  of  their  lands. 

8520  ARTICLE  G.  The  said  Indian  nations,  parties  to  this  treaty, 

8521  shall  be  at  liberty  to  fish  and  hunt  within  the  territory  and  lands 

8522  which  they  have  now  ceded  to  the  United  States,  so  long  as  they 

8523  shall  demean  themselves  peaceably. 

8524  Proclaimed  April  24,  180G. 


192 


8525  CHIPPEWAS,    OTTAWAS,    WYANDOTTS,  AND    POTTA- 

8526  WOTTOMIES. 

S527  Articles  of  a  treaty  made  at  Detroit,  this  seventeenth  day  of  Ao- 

8528  rember,  hi  the  year  of  our  Lord  one  thousand  eight  hundred 

8529  and  seven,  by  William  Hull,  governor  of  the  Territory  of  Mich  - 

8530  igan,  and  superintendent  of  Indian  affairs,  and  sole  commix - 

8531  sioner  of  the  United  States,  to  conclude  and  sign  a  treaty  or 

8532  treaties  with  the  several  nations  of  Indians  northwest  of  the 

8533  river  Ohio,  on  the  one  part,  and  the  sachems,  chiefs,  and  war- 

8534  riors  of  the  Ottoicay,  Chippeway,   Wyandotte,  and  Pottawa- 

8535  tamie  nations  of  Indians,  on  the  other  part.     To  confirm  and 
853G  perpetuate  the  friendship   which  happily  subsists  between  the 

8537  United.  States  and  the  nations  aforesaid,  to  manifest  the  sin- 

8538  cerity  of  that  friendship,  and  to  settle  arrangements  mutually 

8539  beneficial  to  the  parties,  after  a  full  explanation  and  perfect 

8540  under  standing,  the  following  articles  are  agreed  to,  which,  when 

8541  ratified  by  the  President,  by  and  with  the  advice  and  consent  of 

8542  the  Senate  of  the  United  States,  shall  be  binding  on  them  and 

8543  the  respective  nations  of  Indians  : 

8544  ARTICLE  1.  The  sachems,  chiefs,  and  warriors  of  the  nations 

8545  aforesaid,  in  consideration  of  money  and  goods,  to  be  paid  to  the 
8540  said  nations  by  the  Government  of  the  United  States,  as  here- 

8547  after  stipulated,  do  hereby  agree  to  cede,  and  forever  quit-claim, 

8548  and  do  in  behalf  of  their  nations  hereby  cede,  relinquish,  and 

8549  forever  quit-claim  unto  the  said  United  States,  all  right,  title,  and 

8550  forever  quit-claim  unto  the  said  United  States,  all  right,  title,  and 

8551  or  claimed,  in  or  unto  the  lands  comprehended  within  the  fol- 

8552  lo wing-described  lines  and  boundaries :  Beginning  at  the  month 

8553  of  the  Miami  River  of  the  lakes,  and  running  thence  up  the 

8554  middle  thereof,  to  the  mouth  of  the    great  Au  Glaize  River  . 

8555  thence  running  due  north  until  it  intersects  a  parallel  of  latitude, 

8556  to  be  drawn  from   the  outlet  of  Lake  Huron,  which  forms  the 

8557  river  Sinclair  5  thence  running  northeast,  the  course  that  may 

8558  be  found  will  lead  in  a  direct  line  to  White  Rock,  in  Lake  Huron ; 
85o9  thence  due  east  until  it  intersects  the  boundary-line  between  the 

8560  United  States  and  Upper  Canada,  in  said  lake;  thence  south - 

8561  wardly,  following  the  said  boundary-line  down  said  lake  through 

8562  river  Sinclair,  Lake  St.  Glair,  and  the  river  Detroit,  into  Lake 

8563  Erie,  to  a  point  due  east  of  the  aforesaid  Miami  River;  thence 

8564  west  to  the  place  of  beginning. 

8565  ARTICLE  2.  It  is  hereby  stipulated  and  agreed  on  the  part 

8566  of  the  United  States,  as  a  consideration  for  the  lands  ceded  by 

8567  the  nations  aforesaid  in  the  preceding  article,  that  there  shall  be 


193 

8568  paid  to  the  said  nations,  at  Detroit,  ten  thousand  dollars,  in 

8569  money,  goods,  implements  of  husbandry,  or  domestic  animals, 

8570  (at  the  option  of  the  said  nations,  seasonably  signified,  through 

8571  the   superintendant   of  Indian   affairs,   residing   with  the   said 

8572  nations,  to  the  Department  of  War,)  as  soon  as  practicable  after 
857o  the  ratification  of  the  treaty  by  the  President,  with  the  advice 

8574  and  consent  of  the  Senate  of  the  United  States;  of  this  sum 

8575  three  thousand  three  hundred  and  thirty- three  dollars  thirty  - 

8576  three  cents  and  four  mills  shall  be  paid  to  the  Ottaway  Nation, 

8577  three  thousand  three  hundred  and  thirty-three  dollars  thirty- 

8578  three   cents    and  four   mills    to    the  Chippeway  Nation,   one 
8571)  thousand  six  hundred  sixty-six  dollars  sixty-six  cents  and  six 

8580  mills  to  the   Wyandotte   Nation,   one    thousand    six    hundred 

8581  sixty-six   dollars   sixty-six  cents  and   six   mills  to   the    Potta- 

8582  watamie  Nation,  and  likewise  an  annuity  forever ,  of  two  thousand 

8583  four  hundred  dollars,  to  be  paid  at  Detroit,  in  manner  as  afore- 

8584  said  ;  the  first  payment  to  be  made  on  the  first  day  of  September 

8585  next,  and  to  be  paid  to  the  different  nations  in  the  following  pro- 
8580  portions  :  Eight  hundred  dollars  to  the  Ottaways,  eight  hundred 

8587  dollars  to  the  Chippeways,  four  hundred  dollars  to  the  Wyan- 

8588  dottes,  and  four  hundred  dollars  to  such  of  the  Pottawatamies 

8589  as  now  reside  on  the  river  Huron  of  Lake  Erie,  the  river  Raisin, 

8590  and  in  the  vicinity  of  the  said  rivers. 

8591  ARTICLES.  It  is  further  stipulated  and  agreed,  if  at  any 

8592  time  hereafter  the  said  nations  should  be  of  the  opinion  that  it 
8598  would  be  more  for  their   interest  that  the  annuity  aforesaid 

8594  should  be  paid  by  instalments,  the  United  States  will  agree  to 

8595  a  reasonable  commutation  for  the  annuity,  and  pay  it  accord- 

8596  ingly. 

8597  ARTICLE  4.  The   United  States,  to  manifest  their  liberality 

8598  and  disposition  to  encourage  the  said  Indians  in  agriculture, 

8599  further  stipulate  to  furnish  the  said  Indians  with  two  blade- 

8600  xmithft,  one  to  reside  with  the  Chippeways,  at  Saguina,  and  the 

8601  other  to  reside  with  the  Ottaways,  at  the  Miami,  during  the 

8602  term  often  years;  said  blacksmiths  are  to  do  such  work  for  the 
860o  said  nations  as  shall  be  most  useful  to  them. 

8604  ARTICLE  5.  It  is  further  agreed  and  stipulated  that  the 

8605  said  Indian  nations  shall  enjoy  the  privilege  of  hunting  and  fish- 

8606  ing  on  the  lands  ceded  as  aforesaid  as  long  as  they  remain  the 

8607  property  of  the  United  States. 

8608  ARTICLE  6.  It  is  distinctly  to  be  understood,  for  the  accom- 

8609  modation  of  the  said  Indians,  that  the  following  tracts  of  land 

8610  within  the  cession  aforesaid  shall  be,  and  hereby  are,  reserved  to 

8611  the  said  Indian  nations ;  one  tract  of  land  six  miles  square,  on  the 

8612  Miami  of  Lake  Erie,  above  Roche  de  Boeuf,  to  include  the  village 
861,3  where  Tondayanle  (or  the  Dog)  now  lives.     Also,  three  miles 

25  I  T 


194 

> 

8614  square  on  the  said  river,  (above  the  twelve  miles  square  ceded 

8615  to  the  United  States  by  the   treaty  of  Greenville,)   including 

8616  what  is  called  Presque  Isle ;  also  four  miles  square  on  the  Miami 

8617  Bay,  including  the  villages  where  Meshkemau  and  Wau-gau  now 

8618  live;  also  three  miles  square  on  the  river  Raisin,  at  a  place 

8619  called  Macon,  and  where  the  river  Macon  falls  into  the  river 

8620  Raizin,  which  place  is  about  fourteen  miles  from  the  mouth  of 

8621  said  river  Raizin;  also  two  sections,  of  one  mile  square  each,  on 

8622  the  river  Rouge,  at  Seginsiicitfs  village;  also  two  sections,  of  one 

8623  mile  square  each,  at  TonquisWs  village,  near  the  river  Rouge ; 

8624  also  three  miles  square  on  Lake  St.  Clair,  above  the  river  Hu- 

8625  rou,  to  include  Machonce's  village ;  also,  six  sections,  each  sec- 

8626  tion  containing  one  mile  square,  within  the  cession  aforesaid,  in 

8627  such  situations  as  the  said  Indians  shall  elect,  subject,  however, 

8628  to  the  approbation  of  the  President  of  the  United  States  as  to 

8629  the  places  of  location.     It  is  further  understood  and  agreed, 

8630  that  whenever  the  reservations  cannot  conveniently  be  laid  out 

8631  in  squares,  they  shall  be  laid  out  in  paralelograms,  or  other 

8632  figures,  as  found  most  practicable  and  convenient,  so  as  to  con- 

8633  tain  the  area  specified  in  miles,  and  in  all  cases  they  are  to  be 

8634  located  in  such  manner  and  in  such  situations  as  not  to  inter- 

8635  fere  with  any  improvements  of  the  French  or  other  white  poo- 

8636  pie,  or  any  former  cessions. 

8637  ARTICLE  7.  The  said  nations  of  Indians  acknowledge  them- 

8638  selves  to  be  under  the  protection  of  the  United  States,  and  no 

8639  other  power,  and   will  prove   by  their  conduct  that  they  are 

8640  worthy  of  so  great  a  blessing. 

8641  Proclaimed  January  27,  1808. 


8642  CH1PPEWAS,OTTAWAS,  AND  FOTTAWOTTOMIES,  ETC, 

8643  Articles  of  a  treaty  made  and  concluded  at  Brownstown,  in  the 

8644  Territory  of  Michigan,  between  William  Hull,  governor  of  tlie 

8645  said  Territory,  superintendent  of  Indian  affairs,  and  commis- 

8646  sioner  plenipotentiary  of  the  United  States  of  America  for 

8647  concluding  any  treaty  or  treaties  which  may  Ije  found  neces- 

8648  sary  with  any  of  the  Indian  tribes  northwest  of  the   river 

8649  Ohio,  of  the  one  part,  and  the  sachems,  chiefs,  and  icarriors  of 

8650  the  Chippewa,   Ottoica,  Pottawatamie,  Wyandot,  and  SJiatc- 

8651  anoese  Nations  of  Indians,  of  the  other  part. 

8652  ARTICLE  1.  Whereas  by  a  treaty  concluded  at  Detroit,  on  the 

8653  seventeenth  day  of  November,  in  the  year  of  our  Lord  one  thou- 

8654  sand  eight  hundred  and  seven,  a  tract  of  land  lying  to  the  west 


195 

8655  and  north  of  the  river  Miami,  of  Lake  Erie,  and  principally 

8G56  within  the  Territory  of  Michigan,  was  ceded  by  the  Indian  na- 

8657  tions  to  the  United  States  ;  and  whereas  the  lands  lying  on  the 

8658  southeastern  side  of  the  said  river  Miami,  and  between  said 

8659  river  and   the  boundary-lines   established  by   the   treaties  of 

8660  Greenville  and  Fort  Industry,  with  the  exception  of  a  few  small 

8661  reservations  to  the  United  States,  still  belong  to  the  Indian 

8662  nations,  so  that  the  United  States  cannot,  of  right,  open  and 

8663  maintain  a  convenient  road  from  the  settlements  in  the  State  of 

8664  Ohio  to  the  settlements  in  the  Territory  of  Michigan,  nor  ex- 

8665  tend  those  settlements  so  as  to  connect  them  ;  in  order,  there- 

8666  fore,  to  promote  this  object,  so  desirable  and  evidently  beneficial 

8667  to  the  Indian  nations  as  well  as  to  the  United  States,  the  parties 

8668  have  agreed  to  the  following  articles,  which,  when  ratified  by 

8669  the  President  of  the  United  States,  by  and  with  the  advice  and 

8670  consent  of  the  Senate  thereof,  shall  be  reciprocally  binding. 

8671  ARTICLE  2.  The  several  nations  of  Indians  aforesaid,  in 

8672  order  to  promote  the  object  mentioned  in  the  preceding  article, 

8673  and  in  consideration  of  the  friendship  they  bear  towards  the 

8674  United  States,  for  the  liberal  and  benevolent  policy  which  has 

8675  been  practised  toward  them   by  the  Government  thereof,  do 

8676  hereby  give,  grant,  and  cede  unto   the  said  United  States  a 

8677  tract  of  land  for  a  road,  of  one  hundred  and  twenty  feet  in 

8678  weadth,  from  the  foot  of  the  rapids  of  the  river  Miami  of  Lake 

8679  Erie  to  the  western  line  of  the  Connecticut  reserve,  and  all  the 

8680  land  within  one  mile  of  the  said  road,  on  each  side  thereof,  for 

8681  the  purpose  of  establishing  settlements  along  the  same  ;  also  a 

8682  tract  of  land,  for  a  road  only,  of  one  hundred  and  twenty  feet  in 

8683  Aveadth,  to  run  southwardly  from  what  is  called  Lower  San- 

8684  dusky,  to  the  boundary-line  established  by  the  treaty  of  Greeu- 

8685  ville,  with  the  privilege  of  taking  at  all  times  such  timber  and 

8686  other  materials  from  the  adjacent  lauds  as  may  be  necessary 

8687  for  making  and  keeping  in  repair  the  said  road,  with  the  bridges 

8688  that  may  be  required  along  the  same. 

8689  ARTICLE  3.  It  is  agreed,  that  the  lines  embracing  the  lands 

8690  given  and  ceded  by  the  preceding  article  shall  be  rua  in  such 

8691  directions  as  may  be  thought  most  adviseable  by  the  President 

8692  of  the  LTnited  States  for  the  purposes  aforesaid. 

8693  ARTICLE  4.  It  is  agreed  that  the  said  Indian  nations  shall 

8694  retain  the  privilege  of  hunting  and  fishing  on  the  lands  given 

8695  and  ceded  as  above,  so  long  as  the  same  shall  remain  the  prop- 

8696  erty  of  the  United  States. 

8697  ARTICLE  5.  The  several  nations  of  Indians  aforesaid    do 

8698  again  acknowledge  themselves  to  be  under  the  protection  of  the 

8699  United  States,  and  of  no  other  sovereign  ;  and  the  United  States 

8700  on  their  part  do  renew  their  covenant,  to  extend  protection  to 


196 

8701  them  according  to  the  intent  and  meaning  of  stipulations  in 

8702  former  treaties. 

8703  Proclaimed  March  3,  1809. 

8701  A  Treaty  between  the  United  /States  of  America  and  the  Wyandot, 

8705  Delaware,  Seneca,  Shaicanoe,  Miami,  Chlppeica,  Ottawa,  and 

8700  Potawatimie  tribes  of  Indians,  residing  within  the  limits  of 

8707  the  State  of  Ohio  and  the  Territories  of  Indiana  and  Michigan, 

8708  Whereas  the  Chippewa,  Ottawa,  and  Potawatimie  tribes 

8709  of  Indians,  together  with  certain  bands  of  the  Wyandot,  Dela- 

8710  ware,  Seneca,  Shawanoe,  and  Miami  tribes,  were  associated  with 

8711  Great  Britain  in  the  late  war  between  the  United  States  and  that 

8712  power,  and  have  manifested  a  disposition  to  be  restored  to  the 
8718  relations  of  peace  and  amity  with  the  said  States  ;  and  the  Presi 

8714  dent  of  the  United   States  having  appointed  William  Henry 

8715  Harrison,  late  a  major-general  in  the  service  of  the  United 

8716  States,  Duncan  M' Arthur,  late  a  brigadier  in  the  service  of  the 

8717  United  States,  and  John  Graham,  esquire,  as  commissioners  to 

8718  treat  with  the  said  tribes;  the  said  commissioners  and  the  sa- 

8719  chems,  head-men,  and  warriors  of  said  tribes,  having  met  in 

8720  council  at  the  Spring  Wells,  near  the  city  of  Detroit,  have  agreed 

8721  to  the  following  articles,  which,  when  ratified  by  the  President, 

8722  by  and  with  the  advice  and  consent  of  the  Senate  of  the  United 

8723  States,  shall  be  binding  on  them  and  the  said  tribes : 

8724  ARTICLE  1.    The  United  States  give  peace  to  the  Chippe- 

8725  wa,  Ottawa,  and  Potawatimie  tribes. 

8726  ARTICLE  2.  They  also  agree  to  restore  to  the  said  Chippe- 

8727  wa,  Ottawa,  and  Potawatimie  tribes  all  the  possessions,  rights, 

8728  and  privileges  which  they  enjoyed,  or  were  entitled  to,  in  the 

8729  year  one  thousand  eight  hundred  and  eleven,  prior  to  the  com- 

8730  rnencerneut  of  the  late  war  with   Great  Britain ;  and  the  said 

8731  tribes,  upon  their  part,  agree  again  to  place  themselves  under 

8732  the  protection  of  the  United  States,  and  of  no  other  power  what- 

8733  soever. 

8734  ARTICLE  3.  In  consideration  of  the  fidelity  to  the  United 

8735  States  which  has  been  manifested  by  the  Wyandot,  Delaware, 

8736  Seneca,  and  Shawanoe  tribes  throughout  the  late  war,  and  of 

8737  the  repentance  of  the  Miami  tribe,  as  manifested  by  placing  theni- 

8738  selves  under  the  protection  of  the  United  States  by  the   treaty 

8739  of  Greenville,  in  eighteen  hundred  and  fourteen,  the  said  States 

8740  agree  to  pardon  such  of  the  chiefs  and  warriors  of  said  tribes  as 

8741  may  have  continued  hostilities  against  them  until  the  close  of  the 

8742  war  with  Great  Britain,  and  to  permit  the  chiefs  of  their  respec- 

8743  tive  tribes  to  restore  them  to  the  stations  and  property  which 

8744  they  held  previously  to  the  Avar. 


197 

8745  ARTICLE  4.  The  United  States  and  the  before- mentioned 

8746  tribes  or  nations  of  Indians,  that  is  to  say,  the  Wyandot,  Dela- 

8747  ware,  Senaca,  Shawanoe,  Miami,  Chippewa,  Ottawa,  and  Pota- 

8748  watiinies,  agree  to  renew  and  confirm  the  treaty  of  Greenville, 
8740  made  in  the  year  one  thousand  seven  hundred  and  ninety-five, 

8750  and  all  subsequent  treaties  to  which  they  were,  respectively, 

8751  parties,  and  the  same  are  hereby  again  ratified  and  confirmed 

8752  in  as  full  a  manner  as  if  they  were  inserted  in  this  treaty. 
875,°.  Ratified  Dec.  26,  1815. 

8754  Articles  of  a  treaty  made  and  concluded,  at  the  foot  of  the   rapids 

8755  of  the  Miami  of  Lake  Erie,  between  Lewis  C ass  and  Duncan 

8756  Me  Arthur,  commissioners  of  the  United  States,  with  full  power 

8757  and  authority  to  hold  conferences,  and  conclude  and  sign  a  treaty 

8758  or  treaties  with  all  or  any  of  the  tribes  or  nations  of  Indians 

8759  within  the  boundaries  of  the  State  of  Ohio,  of  and  concerning 

8760  all  matters  interesting  to  the  United  States  and  the  said  nations 

8761  of  Indians,  on  the  one  part ;  and  the  sachems,  chiefs,  and  icar- 

8762  riors  of  the  Wyandot,  Seneca,  Delaware,  Shawanese,  Pot  a- 
876.°>  iratomecs,  Ottawas,  and  Chippeway  tribes  of  Indians. 

8764  ARTICLE  1.  The  Wyandot  tribe  of  Indians,  in  consideration 

8765  of  the  stipulations  herein  made  on  the  part  of  the  United  States, 

8766  do  hereby  forever  cede  to  the  United  States  the  lands  compre- 

8767  headed  within  the  following  lines  and  boundaries:  Beginning 

8768  at  a  point  on  the  southern  shore  of  Lake  Erie,  where  the  present 

8769  Indian  boundary -line  intersects  the  same,  between  the  mouth  of 

8770  Sandnsky  Bay  and  the  mouth  of  Portage  Eiver ;  thence  running 

8771  south  with  said  line,  to  the  line  established  in  the  year  one  thou- 

8772  sand  seven  hundred  and  ninety-five,  by  the  treaty  of  Greenville, 

8773  which  runs  from  the   crossing-place   above   Fort  Lawrence  to 

8774  Loramie's  store  ;  thence  westerly,  with  the  last-mentioned  line. 

8775  to  the  eastern  line  of  the  reserve  at  Loramie's  store  ;  thence  with 

8776  the  lines  of  said  reserve,  north  and  west,  to  the  northwestern 

8777  corner  thereof ;  thence  to  the  northwestern  corner  of  the  reserve 

8778  on  the  river  St.   Mary's,  at  the  head  of  the  navigable   waters 

8779  thereof;  thence  east,   to   the    western  bank  of  the  St.  Mary's 

8780  River  aforesaid  ;  thence  down  on  the  western  bank  of  the  said 

8781  river,  to  the  reserve  at  Fort  Wayne ;  thence  with  the  lines  of 

8782  the  last-mentioned  reserve,  easterly  and  northerly,  to  the  north 

8783  bank  of  the  river  Miami  of  Lake  Erie  ;  thence  down  on  the  north 

8784  bank  of  the  said  river,  to  the  western  line  of  the  laud  ceded  to 

8785  the  United  States  by  the  treaty  of  Detroit  in  the  year  one  thon- 
S786  sand  eight  hundred  and  seven  ;  thence  with  the  said  line  south, 

8787  to  the  middle  of  said  Miami  River,  opposite  the  mouth  of  the 

8788  Great  Auglaize  River;  thence  down  the  middle  of  said  Miami 


198 

8789  Eiver,  and  easterly  with  the  lines  of  the  tract  ceded  to  the  United 

8790  States  by  the  treaty  of  Detroit  aforesaid,  so  far  that  a  south  line 

8791  will  strike  the  place  of  beginning. 

8792  ARTICLE  2.   The  Fotawatomy,  Ottawas,   and  Chippeway 

8793  tribes  of  Indians,  in  consideration   of  the  stipulations  herein 

8794  made  on  the  part  of  the  United  States,  do  hereby  forever  cede 

8795  to  the  United  States  the  land  comprehended  within  the  follow- 

8796  ing  lines  and  boundaries  :    Beginning  where  the  western  line  of 

8797  the  State  of  Ohio  crosses  the  river  Miami  of  Lake  Erie,  which  is 

8798  about  twenty-one  miles  above  the  mouth  of  the  Great  Auglaize 

8799  lliver ;  thence  down  the  middle  of  the   said  Miami  Elver,  to  n 

8800  point  north  of  the  mouth  of  the  Great  Auglaize  River  ;  thence 

8801  with  the  western  line  of  the  land  ceded  to  the  United  States  by 

8802  the  treaty  of  Detroit,  in  one  thousand  eight  hundred  and  seven, 

8803  north  forty-five  miles;  then  west,  so  far  that  a  line  south  will 

8804  strike  the  place   of  beginning;  thence  south   to  the  place  of 

8805  beginning. 

880G  ARTICLE  3.  The  Wyaudot,   Seneca,  Delaware,   Shawnese, 

8807  Fotawatomy,  Ottawas,  and  Chippeway  tribes  of  Indians  accede 

8808  to  the  cessions  mentioned  in  the  two  preceding  articles. 

8809  ARTICLE  4.  In  consideration  of  the  cessions  and  recogni- 

8810  tions  stipulated  in  the  three  preceding  articles,  the  United  States 

8811  agree  to  pay  to  the  Wyandot  tribe,  annually,  forever,  the  sum  of 

8812  four  thousand   dollars,  in  specie,  at  Upper  Saudusky.     To  the 

8813  Seneca  tribe,  annually,  forever,  the  sum  of  five  hundred  dollars, 

8814  in  specie,  at  Lower  Sandusky.     To  the  Shawnese  tribe,  annually, 

8815  forever,  the  sum  of  two  thousand  dollars,  in  specie,  at  Wapagh- 

8816  kouetta.     To  the   Potawatomy  tribe,  annually,  for  the  term  of 

8817  fifteen  years,  the  sum  of  one  thousand  three  hundred  dollars,  in 

8818  specie,  at  Detroit.     To  the  Ottawas  tribe,  annually,  for  the  term 

8819  of  fifteen  years,  the  sum  of  one  thousand  dollars,  in  specie,  at 

8820  Detroit.     To  the  Chippewa  tribe,  annually,  for  the  term  of  fifteen 

8821  years,  the  sum  of  one  thousand   dollars,  in  specie,  at  Detroit. 

8822  To  the  Delaware  tribe,  in  the  course  of  the  year  one  thousand 

8823  eight  hundred  and  eighteen,  the  sum  of  five  hundred  dollars,  in 

8824  specie,  at  Wapaghkonetta,  but  no  annuity.    And  the  United 

8825  States  also  agree  that  all  annuities  due  by  any  former  treaty 

8826  to  the   Wyandot,  Shawnese,  and  Delaware  tribes,  and  the  an- 

8827  nuity  due  by  the  treaty  of  Greenville  to  the  Ottawas  and  Chip- 

8828  pewas  tribes,  shall   be  paid  to  the  said  tribes,  respectively,  in 

8829  specie. 

8830  ARTICLE  5.  The  schedule  hereunto  annexed  is  to  be  taken 

8831  and  considered  as  a  part  of  this  treaty;  and  tl^e  tracts  herein 

8832  stipulated  to  be  granted  to  the   Wyandot,  Seneca,  and  Shaw- 

8833  nese  tribes  of  Indians  are  to  be  granted   for   the  use   of  the 


8834  persons  mentioned  in  the  said  schedule,  agreeably  to  thede- 

8835  scriptions,  provisions,  and  limitations  therein  contained. 

8836  ARTICLE  6.  The  United  States  agree  to  grant,  by  patent,  in 

8837  fee  simple,  to  Doauqiiod,  Howoner,  Routondee,  Taayau,  Ronta- 

8838  yan,  Dawatont,  Manocue,  Tanyaudautauson,  and  Haudaunwaugh , 

8839  chiefs  of  the  Wyandot  tribe,  and  their  successors  in  office,  chiefs 

8840  of  the   said  tribe,  for  the  use  of  the  persons  and  for  the  pur- 

8841  poses  mentioned  in  the  annexed  schedule,  a  tract  of  land  twelve 

8842  miles  square,  at  Upper  Sandusky,  the  centre  of  which  shall  be 

8843  the  place  where  Fort  Ferree  stands  ;  and  also  a  tract  of  one  mile 

8844  square,  to  be  located  where   the  chiefs  direct,  on  a  cranberry 

8845  swamp,  on  Broken  Sword  Creek,  and  to  be  held  for  the  use  of 

8846  the  tribe. 

8847  The  United  States   also  agree  to  grant,  by  patent,  in  fee 

8848  simple,  to  Tahawmadoyaw,  Captain  Harris,  Isahownusay,  Joseph 

8849  Tawgyon,  Captain   Smith,  Coffee-House,  Running  About,  and 

8850  Wiping  Stick,  chiefs  of  the  Seneca  tribe  of  Indians,  and  their 

8851  successors  in  office,  chiefs  of  the  said  tribe,  for  the  use  of  the 

8852  persons  mentioned  in  the  annexed  schedule,  a  tract  of  laud,  to 

8853  contain  thirty  thousand  acres,  beginning  on  the  Sandusky  River, 

8854  at  the  lower  corner  of  the  section  hereinafter  granted  to  William 

8855  Spicer;  thence  down   the  said  river  on   the  east  side,  with  the 

8856  meanders  thereof,  at  high-water  mark,  to  a  point  east  of  the 

8857  mouth  of  Wolf  Creek ;  thence,  and  from  the  beginning,  east. 

8858  so  far  that  a  north  line  will  include  the  quantity  of  thirty  thou- 

8859  sand  acres  aforesaid, 

8860  The  United  States  also  agree  to  grant,   by  patent  in  fee 

8861  simple,  to  Catewekesa  or  Black  Hook,  Byaseka  or  Wolf,  Pomthe 

8862  or  Walker,  Shemeuetoo  or  Big  Snake,  Othawakeseka  or  Yellow 

8863  Feather,  Chakalowah   or   the  Tail's  End,   Pemthala  or  John 

8864  Perry,  Wabepee  or  White  Colour,  chiefs  of  the  Shawuese  tribe, 

8865  residing  at  Wapaghkonetta,  and  their  successors  in  office,  chiefs 

8866  of  the  said  tribe,  residing  there,  for  the  use  of  the  persons 

8867  mentioned  in  the  annexed  schedule,  a  tract  of  land  ten  miles 

8868  square,  the  center  of  which  shall  be  the  council-house  at  Wapagh- 

8869  konetta. 

8870  The  United  States  also  agree  to  grant,  by  patent  in  fee 

8871  simple,  to  Peeththa  or  Falling  Tree,  and  to  Onowaskemo  or  the 

8872  Resolute  Man,  chiefs  of  the  Shawnese  tribes,  residing  on  Hog 

8873  Creek,  and  their  successors  in  office,  chiefs  of  the  said  tribe,  re- 

8874  siding  there,  for  the  use  of  the  persons  mentioned  in  the  annexed 

8875  schedule,  a  tract  of  laud  containing  twenty-five  square  miles, 

8876  which  is  to  join  the  tract  granted  at  Wapaghkonetta,  and  to  in. 

8877  elude  the  Shawnee  Settlement,  on  Hog  Creek,  and  to  be  laid  off 

8878  as  nearly  as  possible  in  a  square  form. 

8879  The  United  States  also  agree  to  grant,  by  patent  in  fee  sim- 


8880  pie,   to   Quatawape  or   Captain  Lewis,  Shekaghela  or  Turtle, 

8881  Skilowa  or  Robin,  chiefs  of  the  Shawnese  tribe  of  Indians  re- 

8882  siding  at  Lewistown,  and  to  Mesomea  or  Civil  John,  Wakawux- 

8883  sheno  or  the  White  Man,  Oquesheno  or  Joe,  and  Willaquasheiio 

8884  or  When  you  are  tired  sit  down,  chiefs  of  the  Seneca  tribe  of 

8885  Indians  residing  at  Lewistowu,  and  to  their  successors  in  office, 

8886  chiefs  of  the  said  Shawnese  and  Seneca  tribes,  for  the  use  of  the 

8887  persons  mentioned  in  the  annexed  schedule,  a  tract  of  land  to 

8888  contain  forty-eight  square  miles,  to  begin  at  the  intersection  of 

8889  the  line  run  by  Charles  Roberts,  in  the  year  one  thousand  eight 

8890  hundred  and  twelve,  from  the  source  of  the  Little  Miami  River 

8891  to  the  source  of  the  Sciota  River,  in  pursuance  of  instructions 

8892  from  the  commissioners  appointed  on  the  part  of  the  United 

8893  States,  to  establish  the  western  boundary  of  the  Virginia  Mili- 

8894  tary  Reservation,  with  the  Indian  boundary-line  established  by 

8895  the  treaty  of  Greenville,  in  one  thousand  seven  hundred  and 
889G  ninety-five,  from  the  crossings  above  Fort  Lawrance  to  Loramie's 

8897  store,  and  to  run  from  such  intersection,  northerly,  with  the 

8898  first  mentioned  line,  and  westerly,  with  the  second  mentioned 

8899  line,  so  as  to  include  the  quantity  as  nearly  in  a  square  form  as 

8900  practicable,    after   excluding   the   section    of  land   hereinafter 

8901  granted  to  Nancy  Stewart. 

8902  There  shall  also  be  reserved  for  the  use  of  the  Ottawas  In 

8903  dians,  but  not  granted  to  them,  a  tract  of  land  on  Blanchard's 

8904  fork  of  the  Great  Auglaize  River,  to  contain  five  miles  square, 

8905  the  centre  of  which  tract  is  to  be  where  the  old  trace  crosses 

8906  the  said  fork,  and  one  other  tract,  to  contain  three  miles  square, 

8907  on  the  Little  Auglaize  River,  to  include  Oquanoxa's  village. 

8908  ARTICLE  7.  And  the  said  chiefs  or  their  successors  may,  at 

8909  any  time  they  may  think  proper,  convey  to  either  of  the  persons 

8910  mentioned  in  the  said  schedule,  or  his  heirs,  the  quantity  se- 

8911  cured  thereby  to  him,  or  may  refuse  so  to  do.     But  the  use  of 

8912  the  said  land  shall  be  in  the  said  person  ;  and  after  the  share  of 

8913  any  person  is  conveyed  by  the  chiefs  to  him,  he  may  convey  the 

8914  same  to  any  person  whatever.     And  any  one  entitled   by  the 

8915  said  schedule  to  a  portion  of  the  said  laud,  may,  at  any  time, 

8916  convey  the  same  to  any  person,  by  obtaining  the  approbation  of 

8917  the  President  of  the  United  States,  or  of  the  person  appointed 

8918  by  him  to  give  such  approbation.     And  the  agent  of  the  United 

8919  States  shall  make  an  equitable  partition  of  the  said  share  when 

8920  conveyed. 

8921  ARTICLE  8.  At  the  special  request  of  the  said  Indians,  the 

8922  United  States  agree  to  grant  by  patent  in  fee  simple,  to  the 

8923  persons  hereinafter  mentioned,  all  of  whom  are  connected  with 

8924  the  said  Indians,  by  blood  or  adoption,  the  tracts  of  land  herein 

8925  described : 


201 

8926  To  Elizabeth  Win  taker,   who  was  taken   prisoner  by  the 

8927  Wyaudots,  and  has  ever  since  lived  among  them,  twelve  huu- 

8928  dretl  and  eighty  acres  of  land,  on  the  west  side  of  the  Sandusky 

8929  River,  below  Ooghansville,  to  be  laid  off  in  a  square  form,  as 

8930  nearly  as  the  meanders  of  the  said  river  will  admit,  and  to  run 

8931  an  equal  distance  above  and  below  the  house  in  which  the  said 

8932  Elizabeth  Whitaker  now  lives. 

8933  To  Robert  Armstrong,  who  was  taken  prisoner  by  the  In- 

8934  dians,  and  has  ever  since  lived  among  them,  and  has  married  a 

8935  Wyandot  woman,  one  section,  to  contain  six  hundred  and  forty 

8936  acres  of  land,  on  the  west  side  of  the  Sandusky  River,  to  begin 

8937  at  the  place  called  Camp  Ball,  and  to  run  up  the  river,  with  the 

8938  meanders  thereof,  one  hundred  and  sixty  poles,  and  from  the 

8939  beginning,  down  the  river,  with  the  meanders  thereof,  one  hun- 

8940  dred  and  sixty  poles,  and  from  the  extremity  of  these  lines  west 

8941  for  quantity. 

8942  To  the  children  of  the  late  William  M'Collock,  who  was 

8943  killed  in  August,  one  thousand  eight  hundred  and  twelve,  near 

8944  Maugaugon,  and  who  are  quarter-blood  Wyandot  Indians,  one 

8945  section,  to  contain  six  hundred  and  forty  acres  of  laud,  on  the 

8946  west  side  of  the  Sandusky  River,  adjoining  the  lower  line  of  the 

8947  tract  hereby  granted  to  Robert  Armstrong,  and  extending  in  the 

8948  same  manner  with  and  from  the  said  river. 

8949  To  John  Tan  meter,  who  was  taken  prisoner  by  the  Wyan- 

8950  dots,  and  who  has  ever  since  lived  among  them,  and  has  mar- 

8951  ried  a  Seneca  woman,  and  to  his  wife's  three  brothers,  Senecas, 

8952  who  now  reside  on  Honey  Creek,  one  thousand  acres  of  land, 

8953  to  begin  north,  forty-five  degrees  west,  and  one  hundred  and 

8954  forty  poles  from  the  house  in  which  the   said  John  Yanmeter 

8955  now  lives,  and  to  run  thence  south  three  hundred  and  twenty 

8956  poles,  thence  and  from  the  beginning  east  for  quantity. 

8957  To  Sarah  Williams,  Joseph  Williams,  and  Rachel  Nugent, 

8958  late  Rachel  Williams,  the  said  Sarah  having  been  taken  prisoner 

8959  by  the  Indians,  and  ever  since  lived  among  them,  and  being  the 

8960  widow,  and  the  said  Joseph  and  Rachel  being  the  children,  of 

8961  the  late  Isaac  Williams,  a  half-blood  Wyaudot,  one  quarter-sec- 

8962  tiou  of  laud,  to  contain  one  hundred  and  sixty  acres,  on  the 

8963  east  side  of  the  Sandusky  River,  below  Croghausville,  and  to 

8964  include  their  improvements  at  a  place  called  Negro  Point. 

8965  To  Catharine  Walker,  a  Wyandot  woman,  and  to  John  R. 

8966  Walker,  her  son,  who  was  wounded  in  the  service  of  the  United 

8967  States,  at  the  battle  of  Maugaugon,  in  one  thousand  eight  huu- 

8968  dred  and  twelve,  a  section  of  six  hundred  and  forty  acres  of 

8969  land  each,  to  begin  at  the  northwestern  corner  of  the  tract 

8970  hereby  granted  to  John  Vaumeter  and  his  wife's  brothers,  and 

26  I  T 


202 

8971  to  run  with  the  line  thereof  south  three  hundred  and  twenty 

89715  poles,  thence  and  from  the  beginning  west  for  quantity. 

8973  To  William  Spicer,  who  was  taken  prisoner  by  the  Indians, 

8974  and  has  ever  since  lived  among  them,  and  has  married  a  Seneca 

8975  woman,  a  section  of  land,  to  contain  six  hundred  and  forty 

8976  acres,  beginning  on  the  east  bank  of  the  Sandusky  River,  forty 

8977  poles  below  the  corner  of  said  Spicer's  corn-field,  thence  up  the 

8978  river  on  the  east  side,  with  the  meanders  thereof,  one  mile, 

8979  thence  and  from  the  beginning  east  for  quantity. 

8980  To  Nancy  Stewart,  daughter  of  the  late  Shawnese  chief 

8981  Blue  Jacket,  one  section  of  land,  to  contain  six  hundred  and 

8982  forty  acres,  on  the  Great  Miami  River  below  Lewistown,  to  in- 

8983  elude  her  present  improvements,  three  quarters  of  the  said  sec- 

8984  tion  to  be  on  the  southeast  side  of  the  river,  and  one  quarter  on 

8985  the  northwest  side  thereof. 

8986  To  the  children  of  the  late  Shawnese  chief  Captain  Logan, 

8987  or  Spamagelabe,  who  fell  in  the  service  of  the  United  States 

8988  during  the  late  war,  one  section  of  land,  to  contain  six  hundred 

8989  and  forty  acres,  on  the  east  side  of  the  Great  Auglaize  River, 

8990  adjoining  the  lower  line  of  the  grant  of  ten  miles  at  Wapagh- 

8991  konetta  and  the  said  river. 

8992  To  Anthony  Shane,  a  half  blood  Ottawas  Indian,  one  sec- 

8993  tion  of  land,  to  contain  six  hundred  and  forty  acres,  on  the  east 

8994  side  of  the  river  St.  Mary's,  and  to  begin  opposite  the  house  in 

8995  which  the  said  Shane  now  lives,  thence  up  the  river,  with  the 

8996  meanders  thereof,  one  hundred  and  sixty  poles,  and  from  the 

8997  beginning    down   the  river,   with    the  meanders  thereof,   one 

8998  hundred  and  sixty  poles,  and  from  the  extremity  of  the  said 

8999  lines  east  for  quantity. 

9000  To   James    M'Pherson,    who   was   taken    prisoner   by   the 

9001  Indians,  and  has  ever  since  lived  among  them,  one  section  of 

9002  land,  to  contain  six  hundred  and  forty  acres,  in  a  square  form, 

9003  adjoining  the  northern  or  western  line  of  the  grant  of  forty- 

9004  eight  miles  at  Lewistowu,  at  such  place  as  he  may  think  proper 

9005  to  locate  the  same. 

9006  To  Horonu  or  the  Cherokee  Boy,  a  Wyandot  chief,  a  sec- 

9007  tion  of  laud,  to  contain  six  hundred  and  forty  acres,  on  the 

9008  Sandusky  River,  to  be  laid  off  in  a  square  form,  and  to  include 

9009  his  improvements. 

9010  To  Alexander  D.  Godfroy  and  Richard  Godfroy,  adopted 

9011  children  of  the  Potawatomy  tribe,  and  at  their  special  request, 

9012  one  section  of  land,  to  contain  six  hundred  and  forty  acres,  in 

9013  the  tract  of  country  herein  ceded  to  the  United  States  by  the 

9014  Potawatomy,  Ottawas,  and  Chippewas  tribes,  to  be  located  by 

9015  them,  the  said  Alexander  and  Richard,  after  the  said  tract  shall 

9016  have  been  surveyed. 


203 

9017  To  Sawendebans  or  the  Yellow  Hair  or  Peter  Minor,  an 

9018  adopted  son  of  Tondaganie    or  the  Dog,  and  at  the  special 

9019  request  of  the  Ottawas,  out  of  the  tract  reserved  by  the  treaty 

9020  of  Detroit,  in  one  thousand  eight  hundred  and  seven,  above 

9021  Roche  de  Bceuf,  at  the  village  of  the  said  Dog,  a  section  of  land, 

9022  to  contain  six  hundred  and  forty  acres,  to  be  located  in  a  square 

9023  form,  on  the  north  side  of  the  Miami,  at  the  Wolf  Rapid. 

9024  ARTICLE  9.  The  United  States  engage  to  appoint  an  agent, 

9025  to  reside  among  or  near  the  Wyandots,  to  aid  them  in  the  pro- 

9026  tection  of  their  persons  and  property,  to  manage  their  inter. 

9027  course  with  the  Government  and  citizens  of  the  United  States, 

9028  and  to  discharge  the  duties  which  commonly  appertain  to  the 

9029  office  of  Indian  agent ;  and  the  same  agent  is  to  execute  the 

9030  same  duties  for  the  Senecas  and  Delawares  on  the  Sandusky 

9031  River.    And  an  agent  for  similar  purposes,  and  vested  with 

9032  similar  powers,  shall  be  appointed  to  reside  among  or  near  the 

9033  Shawuese,   whose  agency  shall    include   the   reservations    at 

9034  Wapaghkonetta,  at  Lewistown,  at  Hog  Creek,  and  at  Blanchard's 

9035  Creek.    And  one  mile  square  shall  be  reserved  at  Malake  for  the 

9036  use  of  the  agent  for  the  Shawnese. 

9037  And  the  agent  for  the  Wyandots  and  Senecas  shall  occupy 

9038  such  land  in  the  grant  at  Upper  Sandusky  as  may  be  necessary 

9039  for  him  and  the  persons  attached  to  the  agency. 

9040  ARTICLE  10.  The  United  States  engage  to  erect  a  saw-mill 

9041  and  a  grist-mill,  upon  some  proper  part  of  the  Wyandot  reser- 

9042  vatiou,  for  their  use,  and  to  provide  and  maintain  a  blacksmith, 

9043  for  the  use  of  the  Wyaudots  and  Senecas,  upon  the  reservation 

9044  of  the  Wyandots,  and  another  blacksmith,  for  the  use  of  the 

9045  Indians  at  Wapaghkonetta,  Hog  Creek,  and  Lewistown. 

9046  ARTICLE  11.  The  stipulations  contained  in  the  treaty  of 

9047  Greenville,  relative  to  the  right  of  the  Indians  to  hunt  upon  the 

9048  land  hereby  ceded,  while  it  continues  the  property  of  the  United 

9049  States,  shall  apply  to  this  treaty  ;  and  the  Indians  shall  for  the 

9050  same  term  enjoy  the  privilege  of  making  sugar  upon  the  same 

9051  land,  committing  no  unnecessary  waste  upon  the  trees. 

9052  ARTICLE  12.  The   United  States   engage  to  pay,  in  the 

9053  course  of  the  year  one  thousand  eight  hundred  and  eighteen, 

9054  the  amount  of   the   damages    which   were    assessed    by    the 

9055  authority  of  the  Secretary  of  War,  in  favour  of  several  tribes 

9056  and  individuals  of  the  Indians,  who  adhered  to  the  cause  of 

9057  the  United  States  during  the  late  war  with  Great  Britain,  and 

9058  whose  property  was,  in  consequence  of  such  adherence,  injured 

9059  or  destroyed.    And  it  is  agreed  that  the  sums  thus  assessed 

9060  shall  be  paid  in  specie,  at  the  places,  and  to  the  tribes  or  iudi- 

9061  viduals  hereinafter  mentioned,  being  in  conformity  with  the  said 

9062  assessment,  that  is  to  say : 


204 

9063  To  the  Wyandots,  at  Upper  Sandusky,  four  thousand  three 

9064  hundred  and  nineteen  dollars  and  thirty- nine  cents. 

9065  To  the  Senecas,  at  Lower  Sandusky,  three  thousand  nine 

9066  hundred  and  eighty-nine  dollars  and  twenty-four  cents. 

9067  To  the  Indians  at  Lewis  and  Scoutashs  towns,  twelve  hun- 

9068  dred  and  twenty-seven  dollars  and  fifty  cents. 

9069  To  the  Delawares,  for  the  use  of  the  Indians  who  suffered 

9070  losses  at  Greentown  and  at  Jerome's  town,  three  thousand  nine 

9071  hundred  and  fifty-six  dollars  and  fifty  cents,  to  be  paid  at  Wa- 

9072  paghkonetta. 

9073  To  the  representatives  of  Hembis,  a  Delaware  Indian,  three 

9074  hundred  and  forty-eight  dollars  and  fifty  cents,  to  be  paid  at 

9075  Wapaghkonetta. 

9076  To  the  Shawnese,  an  additional  sum  of  four  hundred  and 

9077  twenty  dollars,  to  be  paid  at  Wapaghkonetta. 

9078  To  the  Senecas,  an  additional  sum  of  two  hundred  and 

9079  nineteen  dollars,  to  be  paid  at  Wapaghkonetta. 

9080  ARTICLE  13.  And  whereas  the  sum  of  two  thousand  five 

9081  hundred  dollars  has  been  paid  by  the  United  States  to  the 

9082  Shawnese,  being  one-half  of  five  years'  annuities  due  by  the 

9083  treaty  of  Fort  Industry,  and  whereas  the  Wyandots  contend 

9084  that  the  whole  of  the  annuity  secured  by  that  treaty  is  to  be 

9085  paid  to  them  and  a  few  persons  of  the  Shawnese  and  Senecas 

9086  tribes;  now,  therefore,  the  commissioners  of  the  United  States, 

9087  believing  that  the  construction  given  by  the  Wyandots  to  the 

9088  said  treaty  is  correct,  engage  that  the  United  States  shall  pay 

9089  to  the  said  Wyandot  tribe,  in  specie,  in  the  course  of  the  year 

9090  one  thousand  eight  hundred  and  eighteen,  the  said  sum  of  two 

9091  thousand  five  hundred  dollars. 

9092  ARTICLE   14.  The  United   States  reserve  to  the  proper 

9093  authority  the  right  to  make  roads  through  any  part  of  the  land 

9094  granted  or  reserved  by  this  treaty ;  and  also  to  the  different 

9095  agents  the  right  of  establishing  taverns  and  ferries  for  the  ac- 

9096  commodation  of  travelers,  should  the  same  be  found  necessary. 

9097  ARTICLE  15.  The  tracts  of  land  herein  granted  to  the  chiefs 

9098  for  the  use  of  the  Wyandot,  Shawuese,  Seneca,  and  Delaware 

9099  Indians,  and  the  reserve  for  the  Ottawa  Indians,  shall  not  be 

9100  liable  to  taxes  of  any  kind  so  long  as  such  land  continues  the 

9101  property  of  the  said  Indians. 

9102  ARTICLE  16.  Some  of  the  Ottawa,  Chippewa,  and  Pota- 

9103  watorny  tribes  being  attached  to  the  Catholick  religion,  and  be- 

9104  lieving  they  may  wish  some  of  their  children  hereafter  educated, 

9105  do  grant  to  the  rector  of  the  Catholick  church  of  St.  Anne,  of  De- 

9106  troit,  for  the  use  of  the  said  church,  and  to  the  corporation  of 

9107  the  college  at  Detroit  for  the  use  of  the  said  college,  to  be  re- 

9108  tained  or  sold,  as  the  said  rector  and  corporation  may  judge  ex- 


205 

9109  pedient,  each  one-half  of  three  sections  of  land,  to  contain  six 

9110  hundred  and  forty  acres,  on  the  river  Raisin,  at  a  place  called 

9111  Macon,  and  three  sections  of  land  not  yet  located,  which  tracts 

9112  were  reserved  for  the  use  of  the  said  Indians  by  the  treaty  of 

9113  Detroit  in  one  thousand  eight  hundred  and  seven  ;  and  the  su- 

9114  periutendent  of  Indian  affairs  in  the  territory  of  Michigan  is 

9115  authorized,  on  the  part  of  the  said  Indians,  to  select  the  said 

9116  tracts  of  land. 

9117  ARTICLE  17.  The  United  States  engage  to  pay  to  any  ot 

9118  the  Indians  the  value  of  any  improvements  which  they  may  be 

9119  obliged  to  abandon  in  consequence  of  the  lines  established  by 

9120  this  treaty. 

9121  ARTICLE  18.  The  Delaware  tribe  of  Indians,  in  considera- 

9122  tion  of  the  stipulations  herein  made  on  the  part  of  the  United 

9123  States,  do  hereby  forever  cede  to  the  United  States  all  the  claim 

9124  which  they  have  to  the  thirteenth  sections  of  land  reserved  for 

9125  the  use  of  certain  persons  of  their  tribe,  by  the  second  section 

9126  of  the  act  of  Congress,  passed  March  the  third,  one  thousand 

9127  eight  hundred  and  seven,  providing  for  the  disposal  of  the  lauds 

9128  of  the  United  States  between  the  United  States  Military  Tract 

9129  and  the  Connecticut  Eeserve,  and  the  lands  of  the  United  States 

9130  between  the  Cincinnati!  and  Vincennes  districts. 

9131  ARTICLE  19.  The  United  States  agree  to  grant,  by  patent  in 

9132  fee  simple,  to  Zeeshawau  or  James  Armstrong,  and  to  Sanon- 

9133  doyourayquaw  or  Silas  Armstrong,  chiefs  of  the  Delaware  In- 

9134  dians,  living  on  the  Sandusky  waters,  and  their  successors  in 

9135  office,  chiefs  of  the  said  tribe,  for  the  use  of  the  persons  men- 

9136  tioned  in  the  annexed  schedule,  in  the  same  manner,  and  subject 

9137  to  the  same  conditions,  provisions,  and  limitations  as  is  hereiu- 

9138  before  provided  for  the  lands  granted  to  the  Wyandot,  Seneca, 

9139  and  Shawnese  Indians,  a  tract  of  land,  to  contain  nine  square 

9140  miles,  to  join  the  tract  granted  to  the  Wyandots  of  twelve  miles 

9141  square,  to  be  laid  off  as  nearly  in  a  square  form  as  practicable, 

9142  and  to  include  Captain  Pipe's  village. 

9143  ARTICLE  20.   The  United  States  also  agree  to  grant,  by 

9144  patent,  to  the  chiefs  of  the  Ottawas  tribe  of  Indians,  for  the  use 

9145  of  the  said  tribe,  a  tract  of  land,  to  contain  thirty -four  square 

9146  miles,  to  be  laid  out  as  nearly  in  a  square  form  as  practicable, 

9147  not  interfering  with  the  lines  of  the  tracts  reversed  by  the  treaty 

9148  of  Greenville  on  the  south  side  of  the  Miami  River  of  Lake  Erie, 

9149  and  to  include  Tushquegau,  or  M'Carty's  village ;  which  tracts, 

9150  thus  granted,  shall  be  held  by  the  said  tribe,  upon  the  usual 

9151  conditions  of  Indian  reservations,  as  though  no  patent  were 

9152  issued. 

9153  ARTICLE  21.  This  treaty  shall  take  effect,  and  be  obligatory 


206 

9154  on  tlie  contracting  parties,  as  soon  as  the  same  shall  have  been 

9155  ratified  by  the  President  of  the  United  States,  by  and  with  the 

9156  advice  and  consent  of  the  Senate  thereof. 

9157  Proclaimed  January  4,  LSI 9. 

9158  Schedule  referred  to  in  the  foregoing  treaty,  and  to  l>e  taken  and 

9159  considered  as  part  thereof. 

91GO  Three   sections,  to  contain  six  hundred  and  forty  acres  each, 

91G1  are  to  be  reserved  out  of  the  tract  of  twelve  miles  square  to  be 

91G2  granted  to  the  Wyaudots.    One  of  the  said  sections  is  to  be  ap- 

9163  propriated  to  the  use  of  a  missionary,  one  for  the  support  of 

9164  schools,  and  one  for  the  support  of  mechanics,  and  to  be  under 

9165  the  direction  of  the  chiefs.    Two  sections,  of  six  hundred  and 

9166  forty  acres  each,  are  to  be  granted  to  each  of  the  following  per- 

9167  sons,  being  the  chief  of  the  Wyaudot  tribe,  and  his  six  coun- 

9168  sellors,  namely:  Doouquod  or  half   king $  Eoutoudu  or  War- 

9169  pole  5  Tauyaurontoyou  or  Between  the  logs  ;  Dawatout  or  John 

9170  Hicks ;  Manocue  or  Thomas ;  Sauyoudautausaw  or  George  Knuh  ; 

9171  and  Hawdowuwaugh  or  Matthews. 

9172  And,  after  deducting  the  fifteen  sections  thus  to  be  disposed 

9173  of,  the  residue  of  the  said  tract  of  twelve  miles  square  is  to  be 

9174  equally  divided  among  the  following  persons,  namely :  Hoocue, 

9175  Eoudootouk,   Mahoma,   Naatou,    Mautanawto,    Mauruuqnaws, 

9176  Kaynuhanky,  Abrm.  Williams,  sen.,  Squautaugh,  Tauyouranuta, 

9177  Tahawquevouws,  Dasharows,  Trayhetou,  Hawtooyou,  Maydouu- 

9178  aytove,  Neudooslau,  Deecalrautousay,  Houtooyemaugh,  Datoo- 

9179  wawna,  Matsaye-aanyourie,  James  Rauken,  Sentumass,  Tahau- 

9180  toshowweda,  Madudara,  Shaudauaye,  Shamadeesay,  Sommodo- 

9181  wot,  Moautaau,  ^"awsottomaugh,  Maurawskinquaws,   Tawtoo- 

9182  lowme,  Shawdouyeayourou,  Showweno,  Dashoree,  Sennewdorow, 

9183  Toayttooraw,  Mawskattaugh,  Tahawshodeuyea,  Hannarawreu- 

9184  dee,  Shauromou,  Tawyaurontoreyea,  Roumelay,  Kadocays,  Car- 

9185  ryumandeutaugh,  Bigarms,  Madonrawcays,  Haurauoot,  Syhrun-, 

9186  dash,   Tahorowtseindee,  Eoosayn,  Dautoresay,  Nashawtoomous, 

9187  Skawduutoutee,  Sanorowsha,  Nautennee,  Youausha,  Aumatou- 

9188  row,   Ohoutautoon,  Tawyougaustayou,  Sootouteeree,  Dootooau, 

9189  Hawreewaucudee,  Yourahatsa,  Towntoreshaw,  Syuwewataugh, 

9190  Cauyou,  Omiztsehaw,  Gausawaugh,  Skashowayssquaw,  Maw- 

9191  dovdoo,  Narowayshaus,  Nawcatay,  Isuhowhayeato,  Myatousha, 

9192  Tauoodowma,  Youhreo,  George  Williams,  Oharvatoy,  Saharos- 

9193  sor,  Isaac  Williams,  Sqindatee,  Mayeatohot,  Lewis  Coon,  Isa- 

9194  touque  or  John  Coon,  Tawaumanocay  or  E.  Wright,  Owawtatuu, 

9195  Isontraudee,  Tomatsahoss,  Sarrahoss,  Tauyoureehoryeow,  Sau- 

9196  dotoss,  Toworordu  or  Big  Ears,  Tauornatsarau,  Tahoroudoyou 

9197  or  Two,  Daureehau,  Dauoreeuu,  Trautohauweetough,  Yourow- 


207 

9198  quains  or  the  widow  of  the  Crane,  Caunaytoma,  Hottomorrow, 

9199  Taweesho,  Dauquausay,  Toumou,  Hoogaudoorow,  Newdeetou- 

9200  tow,   Dawhowhouk,   Daushouteehawk,   Sawaronuis,  Norrorow- 

9201  Tawwass,  Tawareroons,  Neshaustay,  Toharratough,  Taurowto- 

9202  tucawaa,  Youshindauyato,Tauosanays,  Sadowerrais,  Isanowtow, 

9203  touk  or  Fox  Widow,  Sauratoudo  or  William  Zane,  Hayanoise  or 

9204  Ebenezer  Zane,  Mawcasharrojp  or  widow  M'Cullock,  Susannah, 

9205  Teshawtaugh,  Bawews,  Tamataurauk,  Eazor,  Eahisaus,  Cudee- 

9206  tore,  Shawnetaurewr,  Tatrarow,  Caqua,  Yourowon,  Sauyouuaos- 

9207  kra,  Tanorawayout,  Howcuqnawdorow,  Gooyeamee,  Dautsaqua, 

9208  Maudamu,  Sauoreeshoc,  Hauleeyeatausay,  Gearoohee,  Matosk- 

9209  rawtouk,    Dawweeshoe,    Sawyourawot,  Xacudseorauauaurayk, 

9210  Youronurays,  Scoutash,  Serroymuch,  Hoondeshotch,Ishuskeah, 

9211  Dusharraw,  Ondewatis,  Duyewtale,  Eoueyoutacolo,  Hoonorow- 

9212  youtacob,  Howorowduro,  Xawanaunonelo,  Tolhomanona,  Chiya- 

9213  mik,  Tyyeakwheunohale,  Aushewhowole,  Schowondashres,  Mou- 

9214  dushawquaw,  Tayoudrakele,  Giveriahes,   Sootreeshuskoh,   Su- 

9215  youturaw,  Tiudee,  Tahorroshoqnaw,  Irahkasquaw,  Ishoreameu- 

9216  suwat,  Curoweyottell,  Noriyettete,  Siyarech,  Testeatete. 

9217  The  thirty  thousand  acres  of  land  for  the  Seuecas  upon  the 

9218  Sandusky  Kiver,  is  to  be  equally  divided  among  the  following 

9219  persons,  namely:  Syuwasautau,Nawwene,  Joseph,  Iseumetaugh 

9220  or  Picking  up  a  club,  Orawhaotodie  or  Turn  over,  Saudaurous 

9221  or  Split  the  river,  Tahowtooraius  or  Jo  Smee,  Ispomduare,  Yel- 

9222  low-bay,  Diishowrowramou  or  Drifting  sand,  Hauautouasquas, 

9223  Harnyautuhow,  Tahocayn,   Howdautauj-eao   or  King   George, 

9224  Standing  Bones,  Cyahaga  or  Fisher,  Suthemoore,  Eed  Skin,  Men 

9225  tauteehoore,  Hyanashraman,  or  Knife  in  his  hand,  Eunniug  About, 

9226  John  Smith,  Carrying  the  Basket,  Cauwauay  or  Striking,  Eewau- 

9227  yeato  or  Carrying  the  news,  Half  up  the  Hill,  Trowyoudoys  or 

9228  G.  Hunter,  Spike  Buck,  Caugooshow  or  Clearing  up,  Mark  on 

9229  his  Hip,  Captain  Hams,  Isetaune  or  Crying  often,  Taunerowya 

9230  or  Two  companies,  Haudonwauays  or  Stripping  the  river,  Iso- 

9231  hauhasay,  or  Tall  chief,  Tahowmandoyou,  Howyouway  or  Pad- 

9232  dliug,  Clouding  up,  Youwautowtoyou  or  Burnt  his  body,  She- 

9233  tonyouwee  or  Sweet  foot,  Tauhaugainstoauy  or  Holding  his 

9234  hand  about,   Oharrawtodee  or  Turning    over,   Haucauinarout, 

9235  Sarrowsauismatare  or  Striking  sword,  Sadudeto,  Oshoutoy,  or 

9236  Burning    berry,   Hard   Hickory,   Curetscetau,   Youronocay  or 

9237  Isaac,  Youtradowwonlee,  Newtauyaro,  Tayouonte  or  Old  foot, 

9238  Tauosauetee,  Syunout  or  Give  it  to  her,  Dooustough,  or  Hunch 

9239  on  his  forehead,  Tyaudusout  or  Joshua  Hendricks,  Taushaus, 

9240  haurow  or  Cross  the  arms,  Henry,  Youwaydauyea  or  the  Island- 

9241  Armstrong,  Shake  the  Ground,  His  Keck  Down,  Youheno,  Towot- 

9242  oyoudo  or  Looking  at  her,  Captain  Smith, Tobacco,Stauding  Stone, 

9243  Eonunalse  or  Wiping  stick,  Tarsduhatse  or  Large  bones,  Ham- 


208 

9244  ancbagave,  House-Fly  or  Maggot,  Roudouma  or  Sap  running, 

9245  Big  Belt,  Cat  Bone,  Sammy,  Taongauats  or  Round  the  point, 
9240  Eamuye  or  Hold   the  sky,  Mentoududu,   Hownotaut,   Slippery 

9247  nose,   Tauslowquowsay  or  Twenty  wives,  Hoogaurow  or  Mad 

9248  man,  Coffee-house,  Long  Hair. 

9249  The  tract  of  ten  miles  square  at  Wapaghkouetta  is  to  be 

9250  equally  divided  among  the/ollowiug  persons,  namely :  The  Black 

9251  Hoof,  Pom  the  or  Walker,  Piaseka  or  Wolf,  Shemenutu  or  Snake, 

9252  Ohtawakeseka  or  Yellow  feather,  Penethata  or  Perry,  Chacalaway 

9253  or  the  End  of  the  tail,  Quitawee  or  war  chief,  Sachachewa, 

9254  Wasewweela,  Wassewela  or  Bright  horn,  Othawsa  or  Yellow, 

9255  Tepetoseka,  Caneshemo,  -Newabetucka,  Cawawescucka,  Thokut- 
9250  chema,  Setakosheka,  Topee  or  James  Saunders,  Meshenewa, 

9257  Tatiape,  Pokechaw,  Alawaymotakah,  Lalloway  or  Perry,  Wab- 

9258  emee,  Xernekoshe,  Neuepemeshequa  or  Cornstalk,  Sheshe,  Sha- 

9259  wabaghke,]S"aneskaka,  Thakoska  or  David  M'j^air,  Skapakake, 

9200  Shapoquata,  Peapakseka,  Quaghquoua,  Quotowame,  Nitaskeka, 

9201  Thakaskaor  Spy  buck,  Pekathchseka,  Tewaskoota  or  James  Blue 

9202  Jacket,  Calawesa,  Quaho,  Kaketchheka  or  W.  Perry,  Swapee, 

9203  Peckto  or  Davy  Baker,  Skokapowa  or  George  M'Dougall,  Che- 

9204  pakosa,  Shemay  or  Sam,  Chiakoska  or  Captain  Tom,  General 

9205  Wayne,  Thaway,  Othawee,  Weeasesaka  or  Captain  Heed,  Lew- 
9200  aytaka,  Tegoshea  or  George,   Skekacumsheka,   Wesheshemo, 

9207  Mawenatcheka,  Quashke,  Thaswa,  Baptiste,  WaywTalapee,  Pes- 

9208  heqnkame,    Chakalakee   or  Tom,    Keywaypee,   Egotacumshe- 

9209  qua,  Wabepee,  Aquashequa,  Pemotah,  Nepaho,  Takepee,  Topo- 

9270  sheka,  Lathawanoino,  Sowaghkota  or  Yellow  clouds,  Meenke- 

9271  sheka,  Asheseka,  Ochipway,  Thapaeka,  Chakata,  Nakacheka, 

9272  Thathouakata,  Paytokothe,  Palaske,  Shesheloo,  Quanaqua,  Kal- 

9273  koo,  Toghshena,  Capowa,  Ethow^akosee,  Quaquesha,  Capea,  Tha- 

9274  katcheway,  The  man  going  up  hill,  Magotha,  Tecuintequa,  Sete- 

9275  pakothe,  Kekentha,  Shiatwa,  Shiabwasson,  Koghkela,  Akopee 
9270  or  a  Heep  of  any  thing,  Lamatothe,  Kesha,  Pankoor,  Peitehtha- 

9277  tor  or  Peter,  Metchepelah,  Capeah.  Showagame,  Wawaleepc- 

9278  sheeka,  Meewen sheka,  Xanemepahtoo  or  Trotter,  Pamitchepetoo, 

9279  Chalequa,  Tetetee,  Lesheshe,  Nawabasheka  or  White  feather, 

9280  Skepakeskeshe,  Tenakee,  Shemaka,  Pasheto,  Thiatcheto,  Metche- 

9281  metche,  Chacowa,  Lawathska,  Potchetee  or  the  Man  without  a 

9282  tail,    Awabaneshekaw,    Patacoma,    Lamakesheka,    Papashow, 

9283  AVeathaksheka,   Pewaypee,    Totah,    Canaqua,   Skepakutcheka, 

9284  Welviesa,  Kitahoe,  Neentakoshe,  Oshaishe,  Chilosee,  Qnilaisha, 

9285  Mawethaque,  Akepee,  Quelenee. 

9280  The  tract  of  five  miles   square,   at  Hog  Creek,  is   to  be 

9287  equally  divided  among  the  following  persons,  namely:  Peeth- 

9288  tha,    Onowashim,    Pematheywa,    Wabekesheke,    Leeso,    Poh- 

9289  caywese,  Shernagauashe,  Nehquakahucka,  Papaskootepa,  Mea- 

9290  mepetoo,  Welawenaka,  Petiska,  Ketuckepe,  Lawitchetee,  Epau- 


209 

9291  mee,  Chanacke,  Jose,  Lanawtucka,  Shawaynaka,  Wawatashewa, 

9292  Ketaksosa,  Shashekopeah,  Lakose,  Quinaska. 

9293  The  tract  of  forty-eight  square  miles,  including  Lewistown,  is 

9294  to  be  equally  divided  among  the  following  persons,  namely: 

9295  Shawnoese — Colonel  Lewis,  Polly  Kizer,  Theueteseepuah  or  Weed, 

9296  Calossete,  Vamauweke,  Waucumsee,  Skitlewa,  Nayabepe,  Wo- 

9297  sheta,    Nopamago,    Willesque,    Salock,    Walathe,    Silversmith, 

9298  Siatha,  Toseluo,  Jemmy  M'Donald,  Jackson,  Mohawk  Thomas, 

9299  Silverheels,   John,   Wewachee,    Cassic,   Atshena,   Frenchman, 

9300  Squesenau,  Goohunt,  Manwealte,  Walisee,  Billy,  Thawwamee, 

9301  Wopsquitty,  Naywale,  Big  Turtle,  Nolawat,  Nawalippa,  Razor, 

9302  Blue,  Tick,  Kerer,  Falling  Star,  Hale  Clock,  Hisoscock,  Essqua- 

9303  seeto,  Geore,  Nuussome,  Sauhanoe,  Joseph,  Scotowe,  Battease, 

9304  Crow,  Shilling,  Scotta,  Nowpour,  Xaineawah,  Quemauto,  Snife, 

9305  Captain,  Taudeteso,   Sonrise,   Sowget,   Duettle  Lew™|£hJ  Jis, 
930G  Jacquis,  Tonaout,  Swaunacou,  General,  Cussaboll,  Bald,  Crooked 

9307  Stick,  Wespata,  Xewasa,  Garter,   Porcupine.   Pocaloche,  Wo- 

9308  cheque,  Sawquaha,  Enata,  Panther,  Colesetos,  Joe.     Senecas — 

9309  Civil  John,  Wild  Duck,  Tall  Man,  Molasses,  Ash,  Nahauexa, 

9310  Tasauk,  Agusqueuah,  Roughleg,  Quequesaw,  Playful,  Hairlip, 

9311  Sieutinque,  Hillnepewayatuska,  Tauhunsequa,  Nynoah,  Suchus- 

9312  que,  Leemutque,  Treuse,  Sequate,  Caumecus,  Scowueti,  Tocon- 

9313  dusque,  Conhowdatwaw,  Cowista,  Nequatren,  Cowliousted,  Gill- 

9314  was,  Axtaea,  Conawwehow,  Sutteasee,  Kiahoot,  Crane,  Silver, 

9315  Bysaw,  Crayfiste,  Woollyhead,  Couundahaw,  Shacosaw,  Coindos, 

9316  Hutchequa,  Nayau,  Counodose,  Coueseta,  Nesluauta,  Owl,  Cou- 

9317  anka,  Cocheco,  Couewash,  Sinnecowacheckowe  or  Leek. 

9318  The  tract  of  three  miles  square  for  the  Delaware  Indians, 

9319  adjoining  the  tract  of  twelve  miles  square  upon  the  Sandusky 

9320  River,  is  to  be  equally  divided  among  the  following  persons, 

9321  namely:  Captain  Pipe,  Zeshauau  or  James  Armstrong,  Mahaw- 

9322  too  or  John  Armstrong,  Sanowdoyeasquawr  or  Silas  Armstrong, 

9323  Teorow  or  Black  Raccoon,  Hawdorowwatistie  or  Billy  Montour, 

9324  Buck  Wheat,  William  Dondee,  Thomas  Lyons,  Johnny  Cake, 

9325  Captain  Wolf,  Isaac  Hill,  John  Hill,  Tishatahoones  or  widow 

9326  Armstrong,  Ayenucere.  Hoomaurow  or  John  Ming,  Youdorast. 


9327  CHIPPEWAS,  MENOMON1ES,  AND  WlNEBAGOES. 

0328  Articles  of  a  treaty  made  and  concluded  at  the  Butte  des  Morts,  on 

9329  J?ox  Eicer,  in  the  Territory  of  Michigan,  between  Lewis  Cass 

9330  and  Thomas  L.  M'Kenney,  commissioners  on  the  part  of  the 

9331  United  States,  an'l  the  Chippeica,  Menonwnie,  and  Winsbago 

9332  tribes  of  Indians. 

27  i  T 


210 

0333  ARTICLE  1.  Whereas  the  southern  boundary  of  the  Chip- 

9334  pewa  country,  from  the  Plover  Portage  of  the  Ouisconsin  east- 

9335  erly,  was  left  undefined  by  the  treaty  concluded  at  Prairie  du 
9335  Chien,  August  19,  1825,  in  consequence  of  the  non-attendance 

9337  of  some  of  the  principal  Menomonie  chiefs  ;  and  whereas  it  was 

9338  provided  by  the  said  treaty  that,  whenever  the  President  of  the 

9339  United  States  might  think  proper,  such  of  the  tribes,  parties  to 

9340  the  said  treaty,  as  might  be  interested  in  any  particular  line, 

9341  should  be  convened,  in  order  to  agree  upon  its  establishment ; 

9342  Therefore,  in  pursuance  of  the  said  provision,  it  is  agreed 

9343  between  the  Chippewas,  Menoinonies,  and  Winebagoes,  that  the 

9344  southern  boundary  of  the  Chippeway  country  shall  run  as  fol- 

9345  lows,  namely:  From  the  Plover  Portage  of  the  Ouisconsin,  on 

9346  a  northeasterly  course,  to  a  point  on  Wolf  River  equidistant 

9347  from  the  Ashawano  and  Post  Lakes  of  said  river,  thence  to  the 

9348  falls  of  the  Pashaytig  River,  of  Green  Bay;  thence  to  the  junc- 

9349  tion  of  the  Neesau  Kootag  or  Burnt-wood  River,  with  the  Meno- 

9350  monie;  thence  to  the  big  island  of  the  Shoskinaubic  or  Smooth 
935L  Rock  River;  thence  following  the  channel  of  the  said  river  to 

9352  Green  Bay,  which  it  strikes  between  the  Little  and  the  Great 

9353  Bay  de  Noquet. 

9354  ARTICLE  2.  Much  difficulty  having  arising  from  the  negoci- 

9355  ations  between  the  Menomonie  and  Winebago  tribes  and  the 

9356  various  tribes  and  portions  of  tribes  of  Indians  of  the  State  of 

9357  New  York,  and  the  claims  of  the  respective  parties  being  much 

9358  contested,  as  well  with  relation  to  the  tenure  and  boundaries  of 

9359  the  two  tracts  claimed  by  the  said  New  York  Indians,  west  of 

9360  Lake  Michigan,  as  to  the  authority  of  the  persons  who  signed 

9361  the  agreement  on  the  part  of  the  Menomouies,  and  the  whole 

9362  subject  having  been  fully  examined  at  the  council  this  day  con- 

9363  eluded,  and  the  allegations,  proofs,  and  statements  of  the  re- 

9364  spective  parties  having  been  entered  upon  the  journal  of  the 

9365  commissioners,  so  that  the  same  can  be  decided  by  the  Presi- 

9366  dent  of  the  United  States,  it  is  agreed  by  the  Menoinonies  and 

9367  Winebagoes,  that  so  far  as  respects  their  interest  in  the  premises, 

9368  the  whole  matter  shall  be  referred  to  the  President  of  the  United 

9369  States,  whose  decision  shall  be  final.     And  the  President  is  au- 

9370  thorized,  on  their  parts,  to  establish  such  boundaries  between 

9371  them  and  the  New  York  Indians  as  he  may  consider  equitable 

9372  and  just. 

9373  ARTICLE  3.  It  being  important  to  the  settlement  of  Green 

9374  Bay  that  definite  boundaries  should  be  established  between  the 

9375  tract  claimed  by  the  former  French  and  British  governments, 

9376  and  the  lands  of  the  Indians,  as  well  to  avoid  future  disputes  as 

9377  to  settle  the  question  of  jurisdiction,  it  is  therefore  agreed  be- 

9378  tween  the  Menomonie  tribe  and  the  United  States,  that  the 


211 

9379  boundaries  of  the  said  tracts,  the  jurisdiction  and  title  of  which 

9380  are  hereby  acknowledged  to  be  in  the  United  States,  shall  be 

9381  as  follows,  namely:  Beginning  on  the  shore  of  Green  Bay,  six 

9382  miles  due  north  from  the  parallel  of  the  mouth  of  Fox  River, 

9383  and  running  thence  in  a  straight  Hue,  but  with  the  general  course 

9384  of  the  said  river,  and  six  miles  therefrom,  to  the  intersection  of  the 

9385  continuation  of  the  westerly  boundary  of  the  tract  at  the  Grand 

9386  Kaukaulin,  claimed  by  Augustin  Grignion  ;  thence  on  a  line  with 

9387  the  said  boundary  to  the  same ;  thence  with  the  same  to  Fox 

9388  River;  thence  on  the  same  course,  six  miles;  thence  in  a  direct 

9389  line  to  the  southwestern  boundary  of  the  tract,  marked  on  the 

9390  plan  of  the  claims  at  Green  Bay,  as  the  settlement  at  the  bottom 

9391  of  the  bay ;  thence  with  the  southerly  boundary  of  the  said  tract  to 

9392  the  southeasterly  corner  thereof,  and  thence  with  the  easterly 

9393  boundary  of  the  said  tract  to  Green  Bay.     Provided,  that  if  tie 

9394  President  of  the  United  States  should  be  of  opinion  that  the 

9395  boundaries  thus  established  interfere  with  any  just  claims  of 

9396  the  New  York  Indians,  the  President  may  then  change  the  said 

9397  boundaries  in  any  manner  he  may  think  proper,  so  that  the 

9398  quantity  of  land  contained  in  the  said  tract  be  not  greater  than 

9399  by  the  boundaries  herein  defined.    And  provided,  also,  that  noth- 

9400  ing  herein  contained  shall  be  construed  to  have  any  effect  upon 

9401  the  land-claims  at  Green  Bay ;  but  the  same  shall  remain  as 

9402  though  this  treaty  had  not  been  formed. 

9403  ARTICLE  4.  In  consideration  of  the  liberal  establishment  of 

9404  the  boundaries,  as  herein  provided  for,  the  commissioners  of  the 

9105  United  States  have  this  day  caused  to  be  distributed  among 

9106  the  Indians  goods  to  the  amount  of  fifteen  thousand   six  hun- 

9407  dred  and  eighty-two  dollars,  payment  for  which  shall   be  made 

9408  by  the  United  States. 

9409  ARTICLE  5.  The  sum  of  one  thousand  dollars  shall  be  annually 

9410  appropriated  for  the  term  of  three  years,  and  the  sum  of  fifteen 

9411  hundred  dollars  shall  be  annually  thereafter  appropriated  as 

9412  long  as  Congress  think  proper,  for  the  education  of  the  children 

9413  of  the  tribes,  parties  hereto,  and  of  the  New  York  Indians,  to 

9414  be  expended  under  the  direction  of  the  President  of  the  United 
9445  States. 

9416  ARTICLE  6.  The  United  States  shall  be  at  liberty,  notwith- 

9417  standing  the  Winebagoes  are  parties  to  this  treaty,  to  pursue 

9418  such  measures  as  they  may  think  proper  for  the  punishment  of 

9419  the  perpetrators  of  the  recent  outrages  at  Prairie  du  Chien,  and 

9420  upon  the  Mississippi,  and  for  the  prevention  of  such  acts  here- 

9421  after. 

9422  ARTICLE  7.  This  treaty  shall  be  obligatory  after  its  ratifi- 
9123  cation  by  the  President  and  Senate  of  the  United  States.     Pro 


212 

9424  vided,  That  the  said  treaty  shall  not  impair  or  affect  any  right 

9425  or  claim  which  the  New  York  Indians  or  any  of  them  have  to 

9426  the  lands  or  any  of  the  lands  mentioned  in  the  said  treaty." 

9427  Proclaimed  February  23,  1829, 


9428  CHIPPEWAS— PILLAGER  BAND. 

9429  Articles  of  a  treaty  made  and  concluded  at  Leech  Lake  on  the  twenty  - 

9430  first  day  0}  August,  in  the  year  one  thousand  eight  hundred 

9431  and  forty-seven,  between  the  United  States,  by  their  commis- 

9432  sioners,  Isaac  A.  Verplank  and  Henry  If.  Hice,  and  the  Pil- 

9433  lager  Band  of  Chippewa  Indians,  by  their  chiefs,  head-men, 

9434  and  warriors. 

9435  ARTICLE  1.  It  is  agreed  that  the  peace  and  friendship 

9436  which  exists  between  the  United  States  and  the  Indians,  parties 

9437  to  this  treaty,  shall  be  perpetual. 

9438  ARTICLE  2.  The  Pillager  band  of  Chippewa  Indians  hereby 

9439  sell  and  cede  to  the  United  States  all  the  country  within  the  fol- 

9440  lowing  boundaries,  viz  :  Beginning  at  the  south  end  of  Otter-Tall 

9441  Lake;  thence  southerly  on  the  boundary-line  between  the  Sioux 

9442  and  Chippewa  Indians  to  Long  Prairie  River;  thence  up  said  river 

9443  to  Crow  Wing  River ;  thence  up  Crow  Wing  River  to  Leaf  River ; 

9444  thence  up  Leaf  River  to  the  head  of  said  river ;  and  from  thence 

9445  in  a  direct  line  to  the  place  of  beginning. 

9446  ARTICLE  3.  It  is  stipulated  that  the  country  hereby  ceded 

9447  shall  be  held  by  the  United  States  as  Indian  land  until  other- 

9448  wise  ordered  by  the  President. 

9449  ARTICLE  4.  In  consideration  of  the  foregoing  cession,  the 

9450  United  States  agree  to  furnish  to  the  Pillager  band  of  Chippewa 

9451  Indians  annually,  for  five  years,  the  following  articles :  Fifty 

9452  three-point  Mackinaw  blankets,  three  hundred  two  and  a  half 

9453  point  Mackinaw  blankets,  fifty  one^and  a  half  point  Mackinaw 

9454  blankets,  three  hundred  and  forty  yards  of  gray  list-cloth,  four 

9455  hundred  and  fifty  yards  of  white  list  scarlet  cloth,  eighteen  hun- 

9456  dred  yards  of  strong  dark  prints,  assorted  colors,  one  hundred 

9457  and  fifty  pounds  three-thread  gray  gilling  twine,  seventy-five 

9458  pounds  turtle-twine,  fifty  bunches  sturgeon-twine,  twenty-five 

9459  pounds  of  linen  thread,  two  hundred  combs,  five  thousand  as- 

9460  sorted  needles,  one  hundred  and  fifty  medal  looking-glasses,  ten 

9461  pounds  of  vermilion,  thirty  nests  (fourteen  each)  heavy  tin  ket- 

9462  ties,  five  hundred  pounds  of  tobacco,  and  five   barrels  of  salt. 

9463  And  the  United  States  further  agree  that  at  the  first  payment 

9464  made  under  this  treaty  the  Indians,  parties  to  this  treaty,  shall 


213 

9465  receive  as  a  present  two  hundred  warranted  beaver-traps  and 

9466  seventy-five  northwest  guns. 

9467  ARTICLE  5.  This  treaty  shall  be  obligatory  upon  the  par- 

9468  ties  thereto  when  ratified  by  the  President  and  Senate  of  the 

9469  United  States.    In  testimony  whereof,  the  said  Isaac  A.Verplank 

9470  and  Henry  M.  Kice,  commissioners,  as  aforesaid,  and  the  chiefs. 

9471  head-men,  and  warriors  of  the  Pillager  band  of  Ohippewa  In- 

9472  dians,  have  hereunto  set  their  hands  at  Leech  Lake,  this  twenty  - 

9473  first  day  of  August,  one  thousand  eight  hundred  and  forty-seven, 

9474  Proclaimed  April  7, 1848, 


9475  CHIPPEWAS    OF    THE    MISSISSIPPI— CHIPPEWAS  — 

9476  PILLAGEPv  A^D  LAKE  WI^NIBIGOSHISH  BANDS. 

9477  Treaty  with  the  Chippewas  of  the  Mississippi  and  the  Pillager  and 

9478  Lake  '\Yinibigoshish  bands  of  Chippewa  Indians  in  Minnesota, 

9479  concluded  at  Washington,  in  the  District  of  Columbia,  March 

9480  11,  1863;  ratified  March  13,  1863,  with  amendments;  amend- 

9481  ments  agreed  to  March  14,  1863. 

9482  By  the  President  of  the  United  States  of  America, 

9483  A  PROCLAMATION. 

9484  To  all  and  singular  to  ivhom  these  presents  shall  come,  greeting  : 

9485  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

9486  Washington,  in  the  District  of  Columbia,  on  the  eleventh  day  of 

9487  March,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 

9488  sixty-three,  by  and  between  William  P.  Dole,  Commissioner  of 

9489  Indian  Affairs,  and  Clark  W.  Thompson,  superintendent  of  In- 

9490  dian  affairs  of  the  northern  superiutendency,  on  the  part  of  the 

9491  United  States,  and  Henry  M.  liice,  of  Minnesota,  and  the  herein  - 

9492  after  named  chiefs  and  head-men,  for  and  on  behalf  of  the  Chip- 

9493  pewas  of  the  Mississippi  and  the  Pillager  and  Lake  Winibi- 

9494  goshish  bands  of  Chippewa  Indians  in  Minnesota,  and  duly 

9495  authorized  thereto  by  them,  which  treaty  is  in  the  words  and 

9496  figures  following,  to  wit : 

9497  Articles  of  agreement  and  convention,  made  and  concluded  at 

9498  the  city  of  Washingten,  this  eleventh  day  of  March,  A.  D. 

9499  one  thousand  eight  hundred  and  sixty -three,  between  Wil- 

9500  liam  P.  Dole,  Commissioner  of  Indian  Affairs,  and  Clark 

9501  W.   Thompson,   superintendent   of  Indian  affairs  of  the 

9502  northern  superintendency,  on  the  part  of  the  United  States, 

9503  and  Henry  M.  Eice,  of  Minnesota,  for  and  on  behalf  of  the 


214 

9504  Cliippewas  of  the  Mississippi  and  the  Pillager  and  Lake 

0505  Winibigoshish  bands  of  Chippewa  Indians  in  Minnesota. 

1)506  ARTICLE  1.  The  reservations  known  as  Gull  Lake,  Mille 

9507  Lac,  Sandy  Lake,  Rabbit  Lake,  Pokagomiu  Lake,  and  Rice 

9G08  Lake,  as  described  in  the  second  clause  of  the  second  article  of 

9509  the  treaty  with  the  Chippewas  of  the  22d  February,  1855,  are 

9510  hereby  ceded  to  the  United  States,  excepting  one-half  section 

9511  of  land,  including  the  mission-buildings  at  Gull  Lake,  which  is 

9512  hereby  granted  in  fee  simple  to  the  Reverend  John  Johnson, 

9513  missionary. 

9514  ARTICLE  2.  In  consideration  of  the  foregoing  cession,  the 

9515  United  States  agree  to  set  apart  for  the  future  homes  of  the 
951G  Ghippewas  of  the  Mississippi,  all  the  lands  embraced  within  the 

9517  following-described  boundaries,  except  the  reservations  made 

9518  and  described  in  the  third  clause  of  the  second  article  of  the 

9519  said  treaty  of  February  22,  1855,  for  the  Pillager  and   Lake 

9520  Winibigoshish  bands;  that  is  to  say,  beginning  at  a  point  one 

9521  mile  south  of  the  most  southerly  point  of  Leech  Lake,  and  rim- 

9522  niug  thence  in  an  easterly  course  to  a  point  one  mile  south  of 

9523  the  most  southerly  point  of  Goose  Lake;  thence  due  east  to  a 

9524  point  due  south  from  the  intersection  of  the  Pokagomin  rcserva- 

9525  tion  and  the  Mississippi  River;  thence  on  the  dividing-line  be- 

9526  tween  "Deer  River  and  Lakes"  and  "Mashkorden's  River  and 

9527  Lakes,"  until  a  point  is  reached  north  of  the  first-named  river 

9528  and  lakes;  thence  in  a  direct  line  northwestwardly  to  the  outlet 

9529  of  "  Two-Routes  Lake;"  thence  in  a  southwesterly  direction  to 

9530  the  northwest  corner  of  the  "  Cass  Lake  "  reservation ;  thence  in 

9531  a  southwesterly  direction  to  "Karbekaun"  River;  thence  down 

9532  said  river  to  the  lake  of  the  same  name ;  thence  due  south  to  a 

9533  point  due  west  from  the  beginning;  thence  to  the  place  of  be- 

9534  ginning. 

9535  ARTICLE  3.  In  consideration  of  the  foregoing  cession  to  the 

9536  United  States,  and  the  valuable  improvements  thereon,  the 

9537  United  States  further  agree:  1st.  To  extend  the  present  annui- 

9538  ties  of  the  Indians,  parties  to  this  treaty,  for  ten  years  beyond 

9539  the  periods  respectively  named  in  existing  treaties;  2nd.  And 

9540  to  pay  toward  the  settlement  of  the  claims  for  depredations 

9541  committed  by  said  Indians  in  1862,  the  sum  of  twenty  thousand 

9542  dollars,  or  so  much  thereof  as  may  be  necessary,  provided  that 

9543  no  money  shall  be  paid  under  this  item  except  upon  claims 

9544  which  have  been  duly  adjudicated  and  found  to  be  due  under 

9545  existing  treaties,  from  said  Indians,  and  allowed  by  the  Secre- 

9546  tary  of  the  Interior,  or  under  his  direction ;  4th.  To  the  chiefs 

9547  of  the  Ghippewas  of  the  Mississippi,  sixteen  thousand  dollars, 

9548  (provided  they  shall  pay  to  the  chiefs  of  the  Pillager  and  Lake 

9549  Winibigoshish  bands  one  thousand  dollars,)  to  be  paid  upon  the 


215 

9550  signing  of  this  treaty,  out  of  the  arrearages  due  under  the  9th 

9551  article  of  the  treaty  concluded  at  La  Pointe,  in  the  State  of 

9552  Wisconsin,  on  the  30th  of  September,  1854;  5th.  And  to  pay 

9553  the  expenses  incurred  by  the  legislature  of  the  State  of  Minne- 

9554  sota,  in  the  month  of  September,  1802,  in  sending  commission- 

9555  ers  to  visit  the  Chippewa  Indians,  amounting  to  thirteen  hun- 

9556  dred  and  thirty-eight  dollars  and  seventy-five  cents. 

9557  ARTICLE  4.    The  United   States  further  agree  to  clear, 

9558  stump,  grub,  and  break  in  the  reservation  hereby  set  apart  for  the 

9559  Chippewas  of  the  Mississippi,  in  lots  of  not  less  than  ten  acres 

9560  each,  at  such  point  or  points  as  the  chiefs  of  each  baud  may 

9561  select,  as  follows,  viz:  For  the  Gull  Lake  band,  seventy  acres; 

9562  for  the  Mille  Lac  baud,  seventy  acres;  for  the  Sandy  Lake  band, 

9563  fifty  acres;  for  the  Pokagomin  band,  fifty  acres;  for  the  Eabbit 

9564  Lake  band,  forty  acres;  for  the  Rice  Lake  band,  twanty  acres; 

9565  and  to  build  for  the  chiefs  of  said  bands  one  house  each,  of  the 

9566  following  description:  to  be  constructed  of  hewn  logs;  to  be 

9567  sixteen  by  twenty  feet  each  and  two  stories  high  ;  to  be  roofed 

9568  with  good  shaved  pine  shingles;  the  floors  to  be  of  seasoned 

9569  pine-plank,  jointed  ;   stone  or  brick  fire-places  and  chimneys; 

9570  three  windows  in  lower  story  and  two  in  the  upper  story,  with 

9571  good  substantial   shutters  to  each,  and  suitable  doors;  said 

9572  houses  to  be  pointed  with  lime   mortar :    provided,  that  the 

9573  amount  expended  under  this  article  shall  not  exceed  the  sum  of 

9574  three  thousand  six  hundred  dollars. 

9575  ARTICLE  5.  The  United  States  agree  to  furnish  to  said 

9576  Indians,  parties  to  this  treaty,  ten  yoke  of  good,  steady,  work- 

9577  oxen,  and  twenty  log-chains,  annually,  for  ten  years,  provided 

9578  the  Indians  shall  take  proper  care  of,  and  make  proper  use  of 

9579  the  same ;    also,  for  the  same  period,  annually,  two  hundred 

9580  grubbiug-hoes,  ten  ploughs,  ten  grindstones,  one  hundred  axes, 

9581  handled,  not  to  exceed  in  weight  three  ancf  one-half  pounds 

9582  each,  twenty  spades;  also,  two  carpenters,  and  two  blacksmiths, 

9583  and  four  farm  laborers,  and  one  physician— not  exceeding,  in 

9584  the  aggregate,  one  thousand  dollars. 

9585  ARTICLE  6.  The  United  States  further  agree  to  remove  the 

9586  saw-mill  from  Gull  Lake  reservation   to  such  point  on  the  new 

9587  reservation  hereby  set  apart  as  may  be  selected  by  the  agent, 

9588  and  to  keep  the  same  in  good  running  order,  and  to  employ  a 

9589  competent  sawyer,  so  long  as  the  President  of  the  United  States 

9590  may  deem  it  necessary;  and  to  extend  the  road  between  Gull 

9591  Lake  and  Leech  Lake  from  the  last-named  lake  to  the  junction 

9592  of  the  Mississippi  and  Leech  Lake  Rivers,  and  to  remove  the 

9593  agency  to  said  junction,  or  as  near  thereto  as  practicable;  but 

9594  not  more  than  thousand  dollars  shall  be  expended  for  this 

9595  purpose. 


216 

959G  ARTICLE  7.  The  President  shall  appoint  a  board  of  visitors, 

9597  to  consist  of  not  less  than  two  nor  more  than  three  persons,  to 

9598  be  selected  from  such  Christian  denominations  as  he  may  desig- 

9599  iiate,  whose  duty  it  shall  be  to  attend  the  annuity  payments  to 
9GOO  the  Indians,  and  to  inspect  the  fields  and  other  improvements  of 
9601  the  Indians,  and  to  report  annually  thereon,  on  or  before  the 
9G02  first  of  November ;  and  also  as  to  the  qualifications  and  moral 
9003  deportment  of  all  persons  residing  upon  the  reservation  under 

9604  the  authority  of  law;  and  they  shall  receive  for  their  services 

9605  five  dollars  per  day  for  the  time  actually  employed,  and  ten  cents 

9606  per  mile  for  travelling  expenses :  Provided,  That  no  one  shall  be 

9607  paid  in  any  one  year  for  more  than  twenty  days'  service,  or  for 

9608  more  than  three  hundred  miles'  travel. 

9609  ARTICLE  8.  No  person  shall  be  recognized  as  a  chief  whose 

9610  band  numbers  less  than  fifty  persons ;  and  to  encourage  and  aid 

9611  the  said  chiefs  in  preserving  order,  and  inducing  by  their  example 

9612  and  advice  the  members  of  their  respective  bands  to  adopt  the 
961.3  pursuits  of  civilized  life,  there  shall  be  paid  to  each  of  said 

9614  chiefs,  annually,  out  of  the  annuities  of  said  bands,  a  sum  not 

9615  exceeding  one  hundred  and  fifty  dollars,  to  be  determined  by 

9616  the  Commissioner  of  Indian  Affairs,  according  to  their  respective 

9617  merits, 

9618  ARTICLE  9.  To  improve  the  morals  and  industrial  habits 

9619  of  said  Indians,  it  is  agreed  that  no  agent,  teacher,  interpreter, 

9620  traders,  or  their  employes,  shall  be  employed,   appointed,  li- 

9621  censed,  or  permitted  to  reside  within  the  reservations  belonging 

9622  to  the  Indians,  parties  to  this  treaty,  missionaries  excepted,  who 

9623  shall  not  have  a  lawful  family  residing   with  them  at  their  re- 

9624  spective  places  of  employment  or  trade  within   the  agency, 

9625  and  no  person  of  full  or  mixed  blood,  educated  or  partially  ed- 

9626  ucated,  whose  fitness,  morally  or  otherwise,  is  not  conducive  to 

9627  the  welfare  of  said  Indians,  shall  receive  any  benefits  from  this 

9628  or  any  former  treaties, 

9629  ARTICLE  10.  All  annuities  under   this  or  former  treaties 

9630  shall  be  paid  as  the  chiefs  in  council  may  request,  with  the  ap- 

9631  proval  of  the  Secretary  of  the  Interior,  until  otherwise  altered 

9632  or  amended :  Provided,  That  not  less  than  one-half  of  said  anuui- 

9633  ties  shall  be  paid  in  necessary  clothing,  provisions,  and  other 

9634  necessary  and  useful  articles. 

9635  ARTICLE  11.  Whenever  the  services  of  laborers  are  re- 

9636  quired  upon  the  reservation,  preference  shall  be  given  to  full  or 

9637  mixed  bloods,  if  they  shall  be  found  competent  to  perform,  them. 

9638  ARTICLE  12,  It  shall  not  be  obligatory  upon  the  Indians, 

9639  parties  to  this  treaty,  to  remove  from  their  present  reservations 

9640  until  the  United  States  shall  have  first  complied  with  the  stipu- 

9641  lations  of  Articles  4  and  6  of  this  treaty,  when  the  United  States 


217 

9642  shall  furnish  them  with  all  necessary  transportation  and  sub- 

9643  sistence  to  their  new  homes,  and  subsistence  for  six  months 

9644  thereafter  :  Provided,  That  owing  to  the  heretofore  good  con- 

9645  duct  of  the  Mille  Lac  Indians,  they  shall  not  be  compelled  to 

9646  remove  so  long  as  they  shall  not  in  any  way  interfere  with  or  in 

9647  any  manner  molest  the  persons  or  property  of  the  whites. 

9648  ARTICLE  13.  Female  members  of  the  family  of  any  Gov- 

9649  eminent  employe  residing  on  the  reservation,  who  shall  teach 

9650  Indian  girls  domestic  economy,  shall  be  allowed  and  paid  a  sum 

9651  not  exceeding  ten  dollars  per  month  while  so  engaged  :  Provided, 

9652  That  not  more  than  one  thousand  dollars  shall  be  so  expended 

9653  during  any  one  year,  and  that  the  President  of  the  United 

9654  States  may  suspend  or  annul  this  article  whenever  he  may  deem 

9655  it  expedient  to  do  so. 

9656  ARTICLE  14.  It  is  distinctly   understood  and  agreed  that 

9657  the  clearing  and  breaking  of  land  for  the  Chippewas  of  the  Mis- 

9658  sissippi,  as  provided  for  in  the  fourth  article  of  this  treaty,  shall 

9659  be  in  lieu  of  all  former  engagements  of  the  United  States  as  to 

9660  the  breaking  of  lands  for  those  bands. 

9661  Proclaimed  March  19,  1863. 


9662  CHIPPEWAS  OF  THE  MISSISSIPPI  AND  LAKE  SUPE- 

9663  RIOR. 

9664  Articles  of  a  treaty  made  and  concluded  at  La  Pointe  of  Lake 

9665  Superior,  in    the    Territory  of   Wisconsin,   between    Robert 

9666  Stuart,  commissioner  on  the  part  of  the  United  States,  and  the 

9667  Chippeica  Indians  of  the  Mississippi  and  Lake  Superior  by 

9668  their  chiefs  and  head-men. 

9669  ARTICLE  1.  The  Chippewa  Indians  of  the  Mississippi  and 

9670  Lake  Superior  cede  to  the  United  States  all  the  country  within 

9671  the  following  bounderies,  viz:  Beginning  at  the  mouth  of  Choc- 

9672  olate  River  of  Lake  Superior ;  thence  northwardly  across  said 

9673  lake  to  intersect  the  boundery-line  between  the  United  States 

9674  and  the  Province  of  Canada ;  thence  up  said  Lake  Superior  to 

9675  the  mouth  of  the  St.  Louis  or  Fond  du  Lac  River,  (including 

9676  all  the  islands  in  said  lake;)  thence  up  said  river  to  the  American 

9677  Fur  Company's  trading-post,  at  the  southwardly  bend  thereof, 

9678  about  twenty-two  miles  from  its  mouth ;  thence  south  to  inter- 

9679  sect  the  line  of  the  treaty  of  29th  July,  1837,  with  the  Chippe- 

9680  was  of  the  Mississippi ;  thence  along  said  line  to  its  southeast- 

9681  wardly.  extremity,  near  the  Plover  portage  on  the  Wisconsin 

9682  River;    thence  northeastwardly,  along  the  bouudery-liue,  be- 

9683  tween  the  Chippewas  and  Menoinonees,  to  its  eastern  terniina- 

28  i  T 


218 

9684  tion,  (established  by  the  treaty  held  with  the  Ohippewas,  Meno- 

9685  monees,  and  Winnebagoes,  at  Butte  des  Morts,  August  11, 1827,) 

9686  on  the  Skonawby  River  of  Green  Bay ;  thence  northwardly  to 

9687  the  source  of  Chocolate  River;  thence  down  said  river  to  its 

9688  mouth,  the  place  of  beginning  :  it  being  the  intention  of  the 

9689  parties  to  this  treaty  to  include  in  this  cession  all  the  Chippewa 

9690  lands  eastwardly  of  the  aforesaid  line  running  from  the  American 

9691  Fur  Company's  trading-post,  on  the  Fond  du  Lac  River,  to  the 

9692  intersection  of  the  line  of  the  treaty  made  with  the  Chippewas 

9693  of  the  Mississippi  July  29, 1837. 

9694  ARTICLE  2.  The  Indians  stipulate  for  the  right  of  hunting 

9695  on  the  ceded  territory,  with  the  other  usual  privileges  of  occu- 

9696  pancy,  until  required  to  remove  by  the  President  of  the  United 

9697  States,  and  that  the  laws  of  the  United  States  shall  be  continued 

9698  in  force,  in  respect  to  their  trade  and  intercourse  with  the  whites, 

9699  until  otherwise  ordered  by  Congress. 

9700  ARTICLE  3.  It  is  agreed  by  the  parties  to  this  treaty,  that 

9701  whenever  the  Indians  shall  be  required  to  remove  from  the  ceded 

9702  district,  all  the  unceded  lands  belonging  to  the  Indians  of  Fond 

9703  du  Lac,  Sandy  Lake,  and  Mississippi  bands  shall  be  the  common 

9704  property  and  home  of  all  the  Indians,  party  to  this  treaty. 

9705  ARTICLE  4.  In  consideration  of  the  foregoing  cession,  the 

9706  United  States  engage  to  pay  to  the  Chippewa  Indians  of  the 

9707  Mississippi  and  Lake  Superior,  annually,  for  twenty-five  years, 

9708  twelve  thousand  five  hundred  (12,500)  dollars,  in  specie,  ten 

9709  thousand  five  hundred  (10,500)  dollars  in  goods,  two  thousand 

9710  (2,000)  dollars  in  provisions  and  tobacco,  two  thousand  (2,000) 

9711  dollars  for  the  support  of  two  blacksmith's  shops,  (including  pay 

9712  of  smiths  and  assistants,  and  iron,  steel,  &c.,)  one  thousand  (1,000) 

9713  dollars  for  pay  of  two  farmers,  twelve  hundred  (1,200)  for  pay  of 

9714  two  carpenters,  and  two  thousand  (2,000)  dollars  for  the  support 

9715  of  schools  for  the  Indians  party  to  this  treaty;  and  further  the 

9716  United  States  engage  to  pay  the  sum  of  five  thousand  (5,000) 

9717  dollars  as  an  agricultural  fund,  to  be  expended  under  the  direc- 

9718  tion  of  the  Secretary  of  War.     And  also  the  sum  of  seventy-five 

9719  thousand  (75,000)  dollars  shall  be  allowed  for  the  full  satisfaction 

9720  of  their  debts  within  the  ceded  district,  which  shall  be  examined 
972 L  by  the  commissioner  to  this  treaty,  and  the  amount  to  be  allowed 

9722  decided  upon  by  him,  which  shall  appear  in  a  schedule  hereunto 

9723  annexed.    The  United  States  shall  pay  the  amount  so  allowed 

9724  within  three  years. 

9725  Whereas  the  Indians  have  expressed  a  strong  desire  to  have 

9726  some  provision  made  for  their  half-breed  relatives,  therefore  it  is 

9727  agreed  that  fifteen  thousand  (15,000)  dollars  shall  be  paid  to 

9728  said  Indians,  next  year,  as  a  present,  to  be  disposed  of  as  they, 

9729  together  with  their  agent,  shall  determine  in  council. 


219 

9730  ARTICLE  5.  Whereas  the  whole  country  between  Lake  Supe- 

9731  rior  and  the  Mississippi  has  always  been  understood  as  belong- 

9732  ing  in  common  to  the  Chippewas,  party  to  this  treaty;  and 

9733  whereas  the  bands  bordering  on  Lake  Superior  have  not  been 

9734  allowed  to  participate  in  the  annuity  payments  of  the  treaty 

9735  made  with  the  Chippewas  of  the  Mississippi,  at  St.  Peters,  July 

9736  29th,  1837,  and  whereas  all  the  unceded  lands  belonging  to  the 

9737  aforesaid  Indians  are  hereafter  to  be  held  in  common,  therefore, 

9738  to  remove  all  occasion  for  jealousy  and  discontent,  it  is  agreed 

9739  that  all  the  annuity  due  by  the  said  treaty,  as  also  the  annuity 

9740  due  by  the  present  treaty,  shall  henceforth  be  equally  divided 

9741  among  the  Chippewas  of  the  Mississippi  and  Lake  Superior,  party 

9742  to  this  treaty,  so  that  every  person  shall  receive  an  equal  share. 

9743  ARTICLE  6.  The  Indians  residing  on  the  Mineral  district 

9744  shall  be  subject  to  removal  therefrom  at  the  pleasure  of  the 

9745  President  of  the  United  States. 

9746  ARTICLE  7.  This  treaty  shall  be  obligatory  upon  the  con- 

9747  trading  parties  when  ratified  by  the  President  and  Senate  of  the 

9748  United  States. 

9749  Proclaimed  March  28,  1843. 

9750  Schedule 'of  claims  examined  and  allowedly  Robert  Stuart,  commie- 

9751  sioner,  under  the  treaty  'with  the  Chippewa  Indians  of  the  Mis- 

9752  sissippi  and  Lake  Superior,  concluded  at  La  Pointe,  October 

9753  4:th,  1842,  setting  forth  the  names  of  claimants,  and  their  pro- 

9754  portion  of  allowance  of  the  seventy-five  thousand  dollars  pro- 

9755  vided  in  the  fourth  article  of  the  aforesaid  treaty,  for  the  full 

9756  satisfaction  of  their  debts,  as  follows  : 

Proportion    of    $75,000, 

No.  of  claims.  Name  of  claimant.  set  apart  in  4th  article 

of  treaty. 

9757  1.  Edward  F.  Ely $5080 

9758  2.  Z.  Platt,  esq.,  attorney  for  George  Berkett 484  67 

9759  3.  Cleveland  North  Lake  Co 1, 485  67 

9760  4.  A  braharn  W.  Williams 75  03 

9761  5.  William  Brewster..., 2,052  67 

9762  This  claim  to  be  paid  as  follows,  viz :  William 

9763  Brewster  or  order,  $1,929.77;  Charles  W. 

9764  Borup  or  order,  $122.90— $2,052.67. 

9765  6.  George  Copway 61  67 

9766  7.  John  Kahbege 57  55 

9767  8.  Alixes  Carpantier 28  58 

9768  9.  John  W.  Bell 18616 

9769  10.  Antoine  Picard 6  46 

9770  11.  Michael  Brisette 182  42 

9771  12.  Francois  Dejaddon 301  48 


220 


Proportion    of   $75,000, 

of  claimant.  set  apart  in  4th  artiele 

ol  treaty. 


9772  13.  Pierre  C.  Duveruey $1, 101  00 

9773  14.  Jean  Bts.  Bazinet 325  46 

9774  15.  John  Hottey 69  00 

9775  16.  Francois  Charette 234  92 

9776  17.  Clement  H.  Beaulieu,  agent  for  the  estate  of 

9777  Brazil  Beaulieu,  dec'd 596  84 

9778  18.  Francois  St.  Jean  and  George  Bonga 366  84 

9779  19.  Louis  Ladebauche 322  52 

9780  20.  Peter  Crebassa 499  27 

9781  21.  B.  T.  Kavanaugh 516  80 

9782  22.  Augustin  Gosliu 169  05 

9783  23.  American  Fur  Company 13,  365  30 

9784  This  claim  to  be  paid  as  follows,  viz:  xYmer- 

9785  ican   Fur  Company,   $12,565.10 ;    Charles 

9786  W.  Borup,  $800.20— $13,365.30. 

9787  24.  William  A.  Aitken 935  67 

9788  25.  James  P.  Scott 73  41 

9789  26.  Augustin  Bellanger 192  35 

9790  27.  Louis  Corbin 12  57 

9791  28.  Alexes  Corbin 596  03 

9792  29.  George   Johnson , '. . .  35  24 

9793  30.  Z.  Platt,  esq.,  attorney  for  Sam'l  Ashman.    ...  1,  771  63 

9794  31.  Z.  Platt,  esq.,  attorney  for  Wm.  Johnson 390  27 

9795  32.  Z.  Platt,  esq.,  attorney  for  estate  of  Daii'l  Ding- 

9796  ley 1, 991  62 

9797  33.  Lyman  M.  Warren 1,  566  65 

9798  34.  Estate  of  Michael  Cadotte,  disallowed 

9799  35.  Z.  Platt,  esq.,  attorney  for  estate  of  E.  Ilous- 

9800  sain  959  13 

9801  36.  Joseph  Dufault 144  32 

9802  37.  Z.  Platt,  esq.,  attorney  for  Antoiiie  Mace 170  35 

9803  38.  Michael  Cadotte 205  60 

9804  39.  Z.  Platt,  esq.,  att'y  for  Frangois  Gauthier 167  05 

9805  40.  Z.  Platt,  esq.,  att'y  for  Joseph  Gauthier 614  30 

9806  41.  Z.  Platt,  esq.,  attorney  for  J.  B.  Uoulle 64  78 

9807  42.  Jean  Bts.  Corbin 531  50 

9808  43.  JohnHulburt : - 209  18 

9809  44.  Jean  Bts.  Couvellion 18  80 

9810  45.  Nicholas  Da  Couteau,  withdrawn 

9811  46.  Pierre  Cotte 732  50 

9812  47.  W.  H.  Brockway  and  Henry  Holt,  executors  to 

9813  the  estate  of  John  Holiday,  dec'd 3, 157  10 

9814  48.  John  Jacob  Astor..                 27,99498 


221 

No  of  elanr.  Name  of  claimant.  *et  apart  in  4th  article 

9815  This  claim  to  be  paid  as  follows,  viz  :  Charles 

9816  W.     Borup,     $1,676.90;     Z.    Platt,    esq., 

9817  $2,621.80;  John  Jacob  Astor,  $23,696.28— 

9818  $27,994.98. 

9819  49.  Z.  Platt,  esq.,  attorney  for  Thos.  Connor $1, 118  60 

9820  50.  Charles  H.  Cakes 4,  309  21 

9821  51.  Z.  Platt,  esq.,  attorney  for  Win.  Morrison 1,  074  70 

9822  52.  Z.  Platt,  esq.,  att'y  for  Isaac  Butterfield 1,  275  56 

9823  53.  J.  B.  Van  Eensselaer 62  00 

9824  54.  William  Brewster  and  James  W.  Abbot 2,  067  10 

9825  The  parties  to  this  claim  request  no  payment 

9826  be  made  to  either  without  their  joint  con- 

9827  sent,  or  until  a  decision  of  the  case  be  had 

9828  in  a  court  of  justice. 

9829  55.  William  Bell 17  62 

9830  

9831  $75,000  00 

9832  Articles  of  a  treaty  made  and  concluded  at  the  Fond  du  Lac  of  Lake 

9833  Superior,  on  the  second  day  of  August,  in  the  year  one  thousand 

9834  eight  hundred  and  forty-seven,  between  the  United  States,  by 

9835  their  commissioners,  Isaac  A.  Verplank  and  Henry  M.  Rice, 

9836  and  the  Chippewa  Indians  of  the  Mississippi  and  Lake  Superior, 

9837  by  their  chiefs  and  head-men. 

9838  ARTICLE  1.  It  is  agreed  that  the  peace  and  friendship  which 

9839  exists  between  the  people  of  the  United  States  and  the  Chip- 

9840  pewa  Indians  shall  be  perpetual. 

9841  ARTICLE  2.  The  Chippewa  Indians  of  the  Mississippi  and 

9842  Lake  Superior  cede  and  sell  to  the  United  States  all  the  land 

9843  within  the  following  boundaries,  viz  :  Beginning  at  the  junction 

9844  of  the  Crow  Wing  and  Mississippi  Eivers,  thence  up  the  Crow 

9845  Wing  Eiver  to  the  junction  of  that  river  with  the  Long  Prairie 

9846  Eiver,  thence  up  the  Long  Prairie  Eiver  to  the  boundary-line 

9847  between  the  Sioux   and  Chippewa  Indians,   thence  southerly 

9848  along  the  said  boundary-line  to  a  lake  at  the  head  of  Long 

9849  Prairie  Eiver,  thence  in   a  direct  line  to  the  sources  of  the 

9850  Watab  Elver,  thence  down  the  Watab  to  the  Mississippi  Eiver, 

9851  thence  up  the  Mississippi  to  the  place  of  beginning;  and  also  all 

9852  the  interest  and  claim  which  the  Indians,  parties  to  this  treaty, 

9853  have  in  a  tract  of  land  lying  upon  and  north  of  Long  Prairie 

9854  Eiver,  and  called   Cue-day's  Hunt ;  but,  as  the  boundary-line 

9855  between  the  Indians,  parties  to  this  treaty,  and  the  Chippewa 

9856  Indians,  commonly  called  "  Pillagers,77  is  indefinite,  it  is  agreed 

9857  that  before  the  United  States  use  or  occupy  the  said  tract  of 

9858  land  north  of  Long  Prairie  Eiver  the  boundary -line  between  the 


222 

9859  said  tract  and  the  Pillager  lands  shall  be  defined  and  settled  to 

9860  the  satisfaction  of  the  Pillagers. 

9861  ARTICLE  3.  In  consideration  of  the  foregoing  cession,  the 

9862  United  States  agree  to  pay  to  the  Chippewas  of  Lake  Superior 

9863  seventeen  thousand  dollars  in  specie,  and  to  the  Chippewas  of 

9864  the  Mississippi  seventeen  thousand  dollars  in  specie  ;  the  above 

9865  sums  to  be  paid  at  such  place  or  places,  and  in  such  manner,  as 

9866  the  President  shall  direct,  and  to  be  paid  within  six  months 

9867  after  this  treaty  shall  be  ratified  by  the  President  and  Senate 

9868  of  the  United  States ;  and  the  United  States  further  agree  to 

9869  pay  to  the  Mississippi  Indians  the  sum  of  one  thousand  dollars 

9870  annually  for  forty-six  years  ;  but  it  is  agreed  that  whenever  the 

9871  Chippewas  of  the  Mississippi  shall  agree  as  to  the  schools  to  be 

9872  established,  and  the  places  at  which  they  shall  be  located,  the 

9873  number  of  blacksmiths  and  laborers  to  be  employed  for  them, 

9874  and  shall  request  the  United  States  to  expend,  from  year  to 

9875  year,  the  annual  payments  remaining  unpaid,  in  the  support  of 

9876  schools,  blacksmiths,  and  laborers,  the  same  shall  be  expended 

9877  by  the  United  States  for  such  purposes  ;  and  that  Chippewas  of 

9878  full  or  mixed  blood  shall  be  employed  as  teachers,  blacksmiths, 

9879  and  laborers,  when  such  persons  can  be  employed  who  are  coin- 

9880  petent  to  perform  the  duties  required  of  them  under  this  and 

9881  all  former  treaties. 

9882  ARTICLE  4.  It  is  stipulated  that  the  half  or  mixed  bloods  of 

9883  the  Chippewas  residing  with  them  shall  be  considered  Chippewa 

9884  Indians,  and  shall,  as  such,  be  allowed  to  participate  in  all  annu- 

9885  ities  which  shall  hereafter  be  paid  to  the  Chippewas  of  the  Mis- 

9886  sissippi  and  Lake  Superior,  due  them  by  this  treaty,  and  by  the 

9887  treaties  heretofore  made  and  ratified. 

9888  ARTICLE  5.  Stricken  out. 

9889  ARTICLE  6.  This  treaty  shall  be  obligatory  upon  the  con- 

9890  trading  parties  when  ratified  by  the  President  and  Senate  of 

9891  the  United  States. 

8892  Proclaimed  April  7,  1848. 

9893  FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 

9894  to  all  and  singular  to  whom  these  presents  shall  come, 

9895  greeting : 

9896  Whereas  a  treaty  was  made  and  concluded  at  La  Pointe,  in 

9897  the  State  of  Wisconsin,  on  the  thirtieth  day  of   September, 

9898  eighteen  hundred  and  fifty-four,  by  Henry  C.  Gilbert  and  David 

9899  B.  Herriman,  commissioners  on  the  part  of  the  United  States, 

9900  and  the  Chippewa  Indians  of  Lake  Superior  and  the  Mississippi, 

9901  by  their  chiefs  and  head-men,  which  treaty  is  in  the  words  fol- 

9902  lowing,  to  wit : 

9903  Articles  of  a  treaty  made  and  concluded  at  La  Pointe,  in  the 


223 

9904  State  of  Wisconsin,  between  Henry  C.  Gilbert  and  David 

9905  B.   Herriman,   commissioners  on  the  part  of  the  United 

9906  States,  and  the  Chippewa  Indians  of  Lake  Superior  and  the 

9907  Mississippi,  by  their  chiefs  and  head-men. 

9908  ARTICLE  1.  The  Chippewas  of  Lake  Superior  hereby  cede  to 

9909  the  United  States  all  the  lands  heretofore  owned  by  them  in 

9910  common  with  the  Chippewas  of  the  Mississippi,  lying  east  of  the 

9911  following  boundary-line,  to  wit :    Beginning  at  a  point  where 

9912  the  east  branch  of  Snake  River  crosses  the  southern  boundary  - 

9913  line  of  the  Chippewa    country,  running  thence   up   the  said 

9914  branch  to  its  source,  thence  nearly  north,  in  a  straight  line,  to 

9915  the  mouth  of  East  Savannah  River,  thence  up  the  St.  Louis 

9916  River  to  the  mouth  of  East  Swan  River,  thence  up  the  East  Swan 

9917  River  to  its  source,  thence  in  a  straight  line  to  the  most  west- 

9918  erly  bend  of  Vermillion  River,  and  thence  down  the  Yermilliou 

9919  River  to  its  mouth. 

9920  The  Chippewas  of  the  Mississippi  hereby  assent  and  agree 

9921  to  the  foregoing  cession,  and  consent  that  the  whole  amount  of 

9922  the  consideration  money  for  the  country  ceded  above  shall  be 

9923  paid  to  the  Chippewas  of  Lake  Superior,  and  in  consideration 

9924  thereof  the  Chippewas  of  Lake  Superior  hereby  relinquish  to 

9925  the  Chippewas  of  the  Mississippi  all  their  interest  in  and  claim 

9926  to  the  lands  heretofore  owned  by  them  in  common,  lying  west  of 

9927  the  above  boundary -line. 

9928  ARTICLE  2.  The  United  States  agree  to  set  apart  and  with- 

9929  hold  from  sale,  for  the  use  of  the  Chippewas  of  Lake  Superior, 

9930  the  following-described  tracts  of  laud,  viz  : 

9931  1st.  For  the  L'Anse  and  Vieux  De  Sert  bands,  all  the  un- 

9932  sold  lands  in  the  following  townships  in  the  State  of  Michigan  : 

9933  Township  fifty-one  north   range   thirty-three   west ;    township 

9934  fifty-one  north  range  thirty-two  west;  the  east  half  of  township 

9935  fifty  north  range  thirty-three  west ;  the  west  half  of  township 

9936  fifty  north  range  thirty-two  west ;  and  all  of  township  fifty-one 

9937  north  range  thirty-one  west,  lying  west  of  Huron  Bay. 

9938  2d.  For  the  La  Pointe  band,  and  such  other  Indians  as  may 

9939  see  fit  to  settle  with  them,  a  tract  of  laud  bounded  as  follows  : 

9940  Beginning  on  the  south  shore  of  Lake  Superior,  a  few  miles 

9941  west  of  Montreal  River,  at  the  mouth  of  a  creek  called  by  the 

9942  Indians  Ke-che-se-be-we-she,  running   thence  south  to  a  line 

9943  drawn  east  and  west  through  the  centre  of  township  forty-seven 

9944  north,  thence  west  to  the  west  line  of  said  township,  thence 

9945  south  to  the  southeast  corner  of  township  forty-six  north,  range 

9946  thirty-two  west,  thence  west  the  width  of  two  townships,  thence 

9947  north  the  width  of  two  townships,  thence  west  one  mile,  thence 

9948  north  to  the  lake  shore,  and  thence  along  the  lake  shore,  cross- 

9949  ing  Shag-waw-me-quon  Point,  to  the  place  of  beginning.    Also 


224 

9950  two  hundred  acres  on  the  northern  extremity  of  Madeline  Island, 

9951  for  a  fishing  ground. 

9952  3d.  For  the  other  Wisconsin  bands,  a  tract  of  laud  lying 

9953  about  Lac  De  Flambeau,  and  another  tract  on  Lac  Court  Oriel- 

9954  les.  each  equal  in  extent  to  three  townships,  the  boundaries  of 

9955  which  shall  be  hereafter  agreed  upon  or  fixed  under  the  direc 

9956  tion  of  the  President. 

9957  4th.  For  the  Fond  Du  Lac  bauds,  a  tract  of  land  bounded 

9958  as  follows :    Beginning  at    au  island  in  the  St.  Louis  River, 

9959  above  Knife  Portage,  called  by  the  Indians  Paw-paw  sco-me-me- 

9960  tig,  running  thence  west  to  the  boundary-line  heretofore  de- 

9961  scribed,  thence  north  along  said  boundary-line  to  the  mouth  of 

9962  Savannah    River,  thence    down    the    St.  Louis    River  to    the 

9963  place  of  beginning.     And  if  said  tract  shall  contain  less  than 

9964  one  hundred  thousand  acres,  a  strip  of  land  shall  be  added  on 

9965  the  south  side  thereof  large  enough  to  equal  such  deficiency. 

9966  5th.  For  the  Grand  Portage  band,  a  tract  of  land  bounded 

9967  as  follows  :  Beginning  at  a  rock  a  little  east  of  the  eastern  ex- 

9968  tremity  of  Grand  Portage  Bay,  running  thence  along  the  lake 

9969  shore  to  the  mouth  of  a  small  stream  called  by  the  Indians  Maw- 

9970  ske-gwaw-caw-maw-se-be,  or  Cranberry  Marsh  River,  thence  up 

9971  said  stream,  across  the  point  to  Pigeon  River,  thence  down 

9972  Pigeon  River  to  a  point  opposite  the  starting-point,  and  thence 

9973  across  to  the  place  of  beginning. 

9974  6th.  The  Ontonagon  band  and  that  subdivision  of  the  La 

9975  Pointe  band  of  which  Buffalo  is  chief  may  each  select,  on  or 

9976  near  the  lake  shore,  four  sections  of  land,  under  the  direction 

9977  of  the  President,   the  boundaries  of  which   shall   be  defined 

9978  hereafter.  And  being  desirous  to  provide  for  some  of  his  conuec- 

9979  tions  who  have  rendered  his  people  important  services,  it  is 

9980  agreed  that  the  chief  Buffalo  may  select  one  section  of  laud,  at 

9981  such  place  in  the  ceded  territory  as  he  may  see  fit,  which  shall 

9982  be  reserved  for  that  purpose,  and  conveyed  by  the  United  States 

9983  to  such  person  or  persons  as  he  may  direct. 

9984  7th.  Each  head  of  a  family,  or  single  person  over  twenty  - 

9985  one  years  of  age  at  the  present  time,  of  the  mixed  bloods,  be- 

9986  longing  to  the  Chippewas  of  Lake  Superior,  shall  be  entitled  to 

9987  eighty  acres  of  laud,  to  be  selected  by  them  under  the  direction 

9988  of  the  President,  and  which  shall  be  secured  to  them  by  patent 

9989  in  the  usual  form. 

9990  ARTICLE  3.  The  United  States  will  define  the   boundaries 

9991  of  the  reserved  tracts,  whenever  it  may  be  necessary,  by  actual 

9992  survey,  and  the  President  may,  from  time  to  time,  at  his  discre- 

9993  tion,  cause  the  whole  to  be  surveyed,  and  may  assign  to  each 

9994  head  of  a  family  or  single  person  over  twenty-one  years  of  age 

9995  eighty  acres  of  land  for  his  or  their  separate  use ;  and  he  may, 


225 

9996  at  his  discretion,  as  fast  as  the  occupants  become  capable  of 

9997  transacting  their  own  affairs,  issue  patents  therefor  to  such  oc- 

9998  cupants,  with  such  restrictions  of  the  power  of  alienation  as  he 

9999  may  see  fit  to  impose.    And  he  may  also,  at  his  discretion,  make 

10000  rules  and  regulations  respecting  the  disposition  of  the  lands  in 

10001  case  of  the  death  of  the  head  of  a  family  or  single  person  occu- 

10002  pying  the  same,  or  in  case  of  its  abandonment  by  them.    And 

10003  he  may  also  assign  other  lands  in  exchange  for  mineral  lands,  if 
10001  any  such  are  found  in  the  tracts  herein  set  apart.    And  he  may 

10005  also  make  such  changes  in  the  boundaries  of  such  reserved 

10006  tracts  or  otherwise  as  shall  be  necessary  to  prevent  interference 

10007  with  any  vested  rights.    All  necessary  roads,  highways,  and 

10008  railroads,  the  lines  of  which  may  run  through  any  of  the  re- 

10009  served  tracts,  shall  have  the  right  of  way  through  the  same, 

10010  compensation  being  made  therefor  as  in  other  cases. 

10011  ARTICLE  4.  In  consideration  of  and  payment  for  the  coun- 

10012  try  hereby  ceded,  the  United  States  agree  to  pay  to  the  Chip- 

10013  pewas  of  Lake  Superior,  annually,  for  tbe  term  of  twenty  years, 

10014  the  following  sums,  to  wit:  five  thousand  dollars  in  coin  j  eight 

10015  thousand  dollars  in  goods,   household  furniture,  and  cooking 

10016  utensils;  three  thousand  dollars  in  agricultural  implements  and 

10017  cattle,  carpenter's  and  other  tools,  and  building  materials,  and 

10018  three  thousand  dollars  for  moral  and  educational  purposes,  of 

10019  which  last  sum  three  hundred  dollars  per  annum  shall  be  paid 

10020  to  the  Grand  Portage  band,  to  enable  them  to  maintain  a  school 

10021  at  their  village.    The  United  States  will  also  pay  the  further 

10022  sum  of  ninety  thousand  dollars,  as  the  chiefs  in  open  council 

10023  may  direct,  to  enable  them  to  meet  their  present  just  engage- 

10024  ments.    Also  the  further  sum  of  six  thousand  dollars  in  agri- 

10025  cultural  implements,  household  furniture,  and  cooking  utensils, 

10026  to  be  distributed  at  the  next  annuity  payment  among  the  mixed 

10027  bloods  of  said  nation.     The  United  States  will  also  furnish  two 

10028  hundred  guns,  one  hundred  rifles,  five  hundred  beaver-traps, 

10029  three  hundred  dollars'  worth  of  ammunition,  and  one  thousand 

10030  dollars'  worth  of  ready-made  clothing,  to  be  distributed  among 

10031  the  young  men  of  the  nation  at  the  next  annuity  payment. 

10032  ARTICLE  5.  The  United  States  will  also  furnish  a  black- 

10033  smith  and  assistant,  with  the  usual  amount  of  stock,  during 

10034  the  continuance  of  the  annuity  payments,  and  as  much  longer 

10035  as  the  President  may  think  proper,  at  each  of  the  points  herein 

10036  set  apart  for  the  residence  of  the  Indians,  the  same  to  be  in  lieu 

10037  of  all  the  employees  to  which  the  Chippewas  of  Lake  Superior 

10038  may  be  entitled  under  previous  existing  treaties. 

10039  ARTICLE  6.  The  annuities  of  the  Indians  shall  not  be  taken 

10040  to  pay  the  debts  of  individuals,  but  satisfaction  for  depredations 

29  IT 


226 

10041  committed  by  them  shall  be  made  by  them  in  such  manner  as 

10042  the  President  may  direct. 

10043  ARTICLE  7.  No  spirituous  liquors  shall  be  made,  sold,  or 

10044  used  on  any  of  the  lands  herein  set  apart  for  the  residence  of 

10045  the  Indians,  and  the  sale  of  the  same  shall  be  prohibited  in  the 

10046  Territory  hereby  ceded,  until  otherwise  ordered  by  the  Presi- 

10047  dent. 

10048  ARTICLE  8.  It  is  agreed,  between  the  Chippewas  of  Lake 

10049  Superior  and  the  Chippewas  of  the  Mississippi,  that  the  former 

10050  shall  be  entitled  to  two-thirds,  and  the  latter  to  one-third,  of  all 

10051  benefits  to  be  derived  from  former  treaties  existing  prior  to  the 

10052  year  1847. 

10053  ARTICLE  9.  The  United  States  agree  that  an  examination 

10054  shall  be  made,  and  all  sums  that  may  be  found  equitably  due  to  the 

10055  Indians,  for  arrearages  of  annuity  or  other  thing,  under  the  pro- 

10056  visions  of  former  treaties,  shall  be  paid  as  the  chiefs  may  direct. 

10057  ARTICLE  10.  All  missionaries,  and  teachers,  and  other  per- 

10058  sons  of  full  age,  residing  in  the  territory  hereby  ceded,  or  upon 

10059  any  of  the  reservations  hereby  made  by  authority  of  law,  shall 

10060  be  allowed  to  enter  the  land  occupied  by  them  at  the  minimum 

10061  price  whenever  the  surveys  shall  be  completed  to  the  amount  of 

10062  one  quarter-section  each. 

10063  ARTICLE  11.  All  annuity  payments  to  the  Chippewas  of 

10064  Lake  Superior,  shall  hereafter  be  made  at  L'Anse,  La  Pointe, 

10065  Grand  Portage,  and  on  the  St.  Louis  Eiver-  and  the  Indians 

10066  shall  not  be  required  to  remove  from  the  homes  hereby  set  apart 

10067  for  them.    And  such  of  them  as  reside  in  the  territory  hereby 

10068  ceded  shall  have  the  right  to  hunt  and  fish  therein,  until  other- 

10069  wise  ordered  by  the  President. 

10070  ARTICLE  12.  In  consideration  of  the  poverty  of  the  Bois 

10071  Forte  Indians  who  are  parties  to  this  treaty,  they  having  never 

10072  received  any  annuity  payments,  and  of  the  great  extent  of  that 

10073  part  of  the  ceded  country  owned  exclusively  by  them,  the  fol- 

10074  lowing  additional  stipulations  are  made  for  their  benefit.     The 

10075  United  States  will  pay  the  sum  of  ten  thousand  dollars,  as  their 

10076  chiefs  in  open  council  may  direct,  to  enable  them  to  meet  their 

10077  present  just  engagements.    Also  the  further  sum  of  ten  thou- 

10078  sand  dollars,  in  five  equal  annual  payments,  in  blankets,  cloth, 

10079  nets,  guns,  ammunition,  and  such  other  articles  of  necessity  as 

10080  they  may  require. 

10081  They  shall  have  the  right  to  select  their  reservation  at  any 

10082  time  hereafter,  under  the  direction  of  the  President  j  and  the 

10083  same  may  be  equal  in  extent,  in  proportion  to  their  numbers,  to 

10084  those  allowed  the  other  bands,  and  be  subject  to  the  same  pro- 

10085  visions. 

10080  They  shall  be  allowed  a  blacksmith,  and  the  usual  smith- 


227 

10087  shop  supplies,  and  also  two  persons  to  instruct  them  in  farming, 

10088  whenever  in  the  opinion  of  the  President  it  shall  be  proper,  and 

10089  for  such  length  of  time  as  he  shall  direct. 

10090  It  is  understood  that  all  Indians  who  are  parties  to  this 

10091  treaty,  except  the  Chippewas  of  the  Mississippi,  shall  hereafter 

10092  be  known  as  the  Chippewas  of  Lake  Superior:    Provided,  That 

10093  the  stipulation  by  which  the  Chippewas  of  Lake  Superior  re- 
10091  linquishing  their  right  to  land  west  of  the  boundary -line  shall 

10095  not  apply  to  the  Bois  Forte  band  who  are  parties  to  this  treaty. 

10096  ARTICLE  13.  This  treaty  shall  be  obligatory  on  the  con- 

10097  tracting  parties,  as  soon  as  the  same  shall  be  ratified  by  the 

10098  President  and  Senate  of  the  United  States. 

10099  Proclaimed  January  29,  1855. 


10100  CHIPPEWAS— SWAN-CREEK    AND    BLACK-RIVER 

10101  BANDS. 

10102  Articles  of  a  treaty  made  at  Washington,  in  the  District  of  Colum- 

10103  bia,  on  the  ninth  day  of  May,  in  the  year  of  our  Lord  one 

10104  thousand  eight  hundred  and  thirty-six,  between  Henry  R.  School- 

10105  craft,  commissioner  on  the  part  of  the  United  States,  and  the 

10106  chiefs  of  the  8 wan- Creek  and  Black-River  bands  of  the  Chip- 

10107  pewa  Nation,  residing  within  the  limits  of  Michigan. 

10108  Whereas  certain  reservations  of  laud  were  made  to  the  said 

10109  bands  of  Indians  in  the  treaty  concluded  at  Detroit  on  the  17th 

10110  of  November,  1807,  and  these  reservations,  after  having  been 

10111  duly  located,  under  the  authority  of  the  Government,  have  re- 

10112  mained  in  their  possession  and  occupancy  to  the  present  time  j 

10113  and  whereas  the  said  Indians,  actuated  by  considerations  affect- 

10114  ing  their  permanent  improvement  and  happiness,  are  desirous 

10115  of  fixing  their  residence  at  some  point  more  favorable  to  these 

10116  objects,  and  have  expressed  their  wishes  to  dispose  of  the  same, 

10117  and  authorized  their  chiefs  to  proceed  to  Washington  for  the 
10L18  purpose  of  making  the  necessary  arrangement ;  it  is,  therefore, 

10119  after  mature  deliberation  on  their  part,  agreed  as  follows  : 

10120  ARTICLE  1.   The  Swan-Creek   and  Black-River  bands  of 

10121  Chippewas  cede  to  the  United  States  the  following  tracts,  namely : 

10122  One  tract  of  three  miles  square,  or  five  thousand  seven 

10123  hundred  and  sixty  acres,  on  Swan  Creek  of  lake  St.  Clair ; 

10124  one  tract  of  one  section  and  three-quarters,  near  Salt  Creek  of 

10125  said  lake ;  one  tract  of  one-fourth  of  a  section,  at  the  mouth  of 

10126  the  river  Au  Yaseau,  contiguous  to  the  preceding  cession ;  and 

10127  one  tract  of  two  sections,  near  the  mouth  of  Black  River  of  the 


228 

10128  river  St.   Glair,  estimated  to  contain  in  the  aggregate  eight 

10129  thousand  three  hundred  and  twenty  acres,  be  the  same  more  or 

10130  less. 

10131  ARTICLE  2.  In  consideration  of  the  foregoing  cessions  the 

10132  United  States  agree  to  pay  to  the  said  Indians  the  net  proceeds 

10133  of  the  sale  thereof,  after  deducting  the  cost  of  survey  and  sale 

10134  and  the  contingent  expenses  attending  the  treaty.    The  lands 

10135  shall  be  surveyed  and  offered  for  sale  in  the  usual  manner  at 

10136  the  land  office  in  Detroit  as  soon  as  practicable  after  the  ratifi- 

10137  cation  of  this  treaty.    A  special  account  shall  be  kept  at  the 

10138  Treasury  of  the  amount  of  the  sale  of  the  said  lauds,  and  after 

10139  deducting  therefrom  the  sums  hereafter  stipulated,  to  be  ad- 

10140  vauced  by  the  United  States,  ten  thousand  dollars  shall  be  re- 

10141  tained  by  the  Treasury,  and  shall  be  paid  to  the  said  Indians  in 

10142  annuities  of  one  thousand  dollars  a  year  for  ten  years ;  and  the 

10143  residue  of  the  fund  shall  be  vested  by  the  Secretary  of  the 

10144  Treasury  in  the  purchase  of  some  State  stock,  the  interest  of 

10145  which  shall  be  annually  paid  to  the  said  Indians  like  other  an- 

10146  nuities:  Provided,  That  if  at  any  time  hereafter  the  said  In- 

10147  dians  shall  desire  to  have  the  said  stock  sold,  and  the  proceeds 

10148  paid  over  to  them,  the  same  may  be  done,  if  the  President  and 

10149  Senate  consent  thereto. 

10150  ARTICLE  3.  The  United  States  will  advance  to  said  Indians 

10151  on  the  ratification  of  this  treaty,  to  be  deducted  from  the  avails 

10152  of  the  lands,  the  sum  of  two  thousand  five  hundred  dollars,  and 

10153  also  goods  to  the  value  of  four  thousand  dollars,  to  be  purchased 

10154  in  New  York  and  delivered  in  bulk,  at  their  expense,  to  the 

10155  proper  chiefs  at  Detroit,  or  at  such  point  on  Lake  St.  Clair  as 

10156  the  chiefs  may  request ;    together  with  the  expenses  of  the 

10157  treaty,  the  journeys  of  the  Indians  to  and  from  Washington,  and 

10158  their  subsistence  and  other  expenses  at  the  seat  of  Govern- 

10159  ment. 

10160  ARTICLE  4.  The  United  States  will  furnish  the  said  Indians 

10161  eight  thousand  three  hundred  and  twenty  acres,  or  thirteen  sec- 

10162  tions,  of  land  west  of  the  Mississippi,  or  northwest   of  St. 

10163  Anthony's  Falls,  to  be  located  by  an  agent  or  officer  of  the 

10164  Government,  and  the  evidence  of  such  location  shall  beVlelivered 

10165  to  the  chiefs. 

10166  Proclaimed  May  23,  1856. 

10167  CHIPPEWAS— SWAN     CREEK    AND    BLACK     RIVER 

10168  BANDS  AND  MUNSEE   OK  CHRISTIAN  INDIANS, 

10169  Treaty  between  the  United  States  and  the  Sic  an  Creek  and  Black 

10170  River  Chippewas  and  the  Munsee  or  Christian  Indians  ;  con- 
Will           eluded  July  16,  1859  j  ratified  ly  the  Senate  April  19,  I860- 


229 

10172  By  the  President  of  the  United  States  : 

10173  A  PROCLAMATION. 

10174  To  all  and  singular  to  ivhom  these  presents  shall  come,  greeting : 

10175  Whereas  a  treaty  was  made  and  concluded  at  the  Sac  and 

10176  Fox  agency  on  the  sixteenth  day  of  July,  one  thousand  eight 

10177  hundred  and  fifty-nine,  by  David  Crawford,  commissioner  on 

10178  the  part  of  the  United  States,  and  certain  delegates  hereinafter 

10179  named  representing  the  Swan  Creek  and  Black  Eiver  Chippe- 

10180  was,  and  the  Munsee  or  Christain  Indians,  which  treaty  is  in 

10181  the  following  words,  to  wit : 

10182  Articles  of  agreement  and  convention  made  and  concluded  at 

10183  the  Sac  and  Fox  agency  on  this  sixteenth  day  of  July,  one 

10184  thousand  eight  hundred  and  fifty-nine,  by  David  Crawford, 

10185  commissioner  on  the  part  of  the  United  States,  and  the  fol- 

10186  lowing-named  delegates  representing  the  Swan  Creek  and 

10187  Black  River  Chippewas  and  the  Munsee  or  Christian  Indi- 

10188  ans,  they  being  duly  authorized  thereto  by  said  Indians, 

10189  viz  :  Eshton-quit,  or  Francis  McCoonse,  Edward  McCoonse, 

10190  William  Turner,  Autwine  Gokey,  Henry  Donohue,  Ignatius 

10191  Caleb,  and  John  Williams. 

10192  Whereas  the  Swan  Creek  and  Black  Elver  band  of  Chippe- 

10193  was,  of  Kansas  Territory,  who  were  parties  to  the  treaty  of 

10194  May  9,  1836,  claim  to  be  entitled  to  participate  in  the  beneficial 

10195  provisions  of  the  subsequent  treaty  of  August  2,  1855,  under  a 

10196  misapprehension  of  the  terms  and  conditions  of  said  instru- 

10197  ment,  the  provisions  of  which  were  only  designed  to  embrace 

10198  the  Chippewas  of  Saginaw  and  that  portion  of  the  Chippewas 

10199  of  Swan  Creek  and  Black  Eiver  who  were  then  residing  in 

10200  Michigan;  and  whereas  a  reservation  of  eight  thousand  three 

10201  hundred  and  twenty  acres,  or  thirteen  sections  of  land,  was  set 

10202  apart  in  Kansas  Territory  for  the  use  of  the  Swan  Creek  and 

10203  Black  Eiver  band  of  Chippewas,  in  consideration  of  the  cession 

10204  and  relinquishment  of  certain  lands  in  the  State  of  Michigan 

10205  which  were  reserved  for  said  baud  of  Indians  by  the  6th  article 
•10206  of  the  treaty  of  November  17,  1807 ;  and  in  view  of  the  fact 

10207  that  a  part  of  the  aforesaid  band,  who  now  reside  in  the  Terri- 

10208  tory  of  Kansas,  have  not  received  their  full  proportion  of  the 

10209  benefits  designed  to  have  been  conferred  upon  them  by  the  pro- 

10210  visions  of  the  second  article  of  the  treaty  of  May  9,  1836,  it  is 

10211  understood  to  be  the  intention  of  the  United  States,  in  the  exe- 

10212  cution  of  these  articles  of  agreement  and  convention,  to  mani- 

10213  fest  their  liberality  and  disposition  to  encourage  said  Indians  in 

10214  agricultural  pursuits,  and,  with  a  view  to  remove  from  their 

10215  minds  all  erroneous  impressions  respecting  the  non-fulfilment 


230 

10216  of  the  stipulations  of  former  treaties,  a  liberal  provision  will  be 

10217  made  for  their  benefit  as  hereinafter  expressed.    It  is  further 

10218  understood  to  be  the  intention  of  this  instrument  to  unite  the 

10219  Munsee  or  Christian  Indians  with  the  aforesaid  band  of  Chip- 

10220  pewas,  in  order  to  provide  them  with  a  suitable  and  permanent 

10221  home,  as  contemplated  by  the  act  of  Congress  entitled  "An  act 

10222  to  confirm  the  sale  of  the  reservation  held  by  the  Christian  In- 

10223  dians,  and  to  provide  a  permanent  home  for  said  Indians,"  ap- 

10224  proved  June  8,  1858. 

10225  ARTICLE  1.  The  United  States  agree  that  the  reservation  of 

10226  eight  thousand  three  hundred  and  twenty  acres,  or  thirteen  sec- 

10227  tions  of  land  in  Franklin  County,  Kansas  Territory,  set  apart 

10228  for  the  entire  band  of  Swan  Creek  and  Black  Kiver  Chippewas, 

10229  shall  inure  to  the  benefit  of  that  portion  of  said  band  now  resid- 

10230  ing  thereon,  and  the  United  States  shall  cause  said  reservation 

10231  to  be  surveyed  into  sections,  half,  quarter,  and  quarter  quarter 

10232  sections,  in  harmony  with  the  public-land  system.     For  the  pur- 

10233  pose  of  securing  a  permanent  home  thereon  for  the  band  of 

10234  Munsee  or  Christian  Indians  who  have  expressed  a  desire  to 

10235  unite  with  said  band  of  Chippewas,  it  is  agreed  between  the 

10236  contracting  parties  to  this  instrument  that  the  aforesaid  bands 

10237  of  Indians  are  hereby  united  for  their  mutual  advantage   as 

10238  herein  indicated.    And  within  said  reservation  there  shall  be  as- 

10239  signed,  in  severalty,  to  the  members  of  said  united  bands,  not 

10240  exceeding  forty  acres  of  land  to  each  head  of  a  family,  and  not 

10241  exceeding  forty  acres  to  each  child  or  other  member  of  said 

10242  family ;  forty  acres  to  each  orphan  child,  and  eighty  acres  to 

10243  each  unmarried  person   of  the  age  of  twenty-one  years  and 

10244  upwards,  not  connected  with  any  family,  to  include  in  each  case, 

10245  so  far  as  practicable,  a  reasonable  proportion  of  timber  ;  and 

10246  the  selections  shall  be  so  made  as  to  respect  the  present  improve- 

10247  ments  of  the  aforesaid  Chippewas,  so  far  as  the  same  can  be  done 

10248  consistently  with  the  rights  of  the  Christian  Indians;  ami  when 

10249  it  is  found  expedient  to  select  lands  for  one  Indian,  embracing 

10250  part  of  the  improvements  made  by  another,  then,  in  such  case, 

10251  a  reasonable  compensation  shall  be  made  for  such  improvements 

10252  by  the  Indian  to  whom  they  may  be  assigned  by  the  party  enti- 

10253  tied  to  the  same,  to  be  determined  by  the  Secretary  of  the  Inte- 

10254  rior,  upon  an  investigation  of  the  facts  in  the  case.    At  a  suita- 

10255  ble  point  within  said  reservation  there  shall  be  set  apart  for  the 

10256  establishment  of  a  manual-labor  school  and  educational  and  mis- 

10257  sionary  purposes  a  quarter  section  of  land,  or  one  hundred  and 

10258  sixty  acres;  and  the  land  so  set  apart,  together  with  the  tracts 

10259  which  may  be  assigned  to  the  members  of  said  united  bands, 

10260  shall  be  in  as  regular  and  compact  a  body  as  possible,  and  so  as 

10261  to  admit  of  a  distinct  and  well-defined  exterior  boundary,  em- 


231 

10262  bracing  the  whole  of  them,  and  also  any  intermediate  portions 

10263  or  parcels  of  land  or  water  not  included  in  or  made  part  of  the 

10264  tracts  assigned  in  severalty.    Any  such  intermediate  parcels  of 

10265  land  and  water  shall  be  held  by  said  united  bands  in  common, 

10266  but  in  case  of  increase  in  the  bands  of  said  Indians,  or  other 

10267  cause  rendering  it  necessary  or  expedient,  the  said  intermediate 

10268  parcels  of  laud  shall  be  subject  to  distribution  and  assignment 

10269  in  severalty,  in  such  manner  as  the  Secretary  of  the  Interior 

10270  shall  prescribe  and  direct.    The  whole  of  the  lands  assigned  or 

10271  unassigued  in  severalty  embraced  within  said  exterior  boundary 

10272  to  include  in  the  aggregate  not  exceeding  seven  sections,  or 

10273  four  thousand  eight  hundred  and  eighty  acres  of  land,  shall  con- 

10274  stitute  and  be  known  as  the  Chippewa  and  Christian  Indian 

10275  reservation,   within  and  over  which  all  laws  passed  or  which 

10276  may  be  passed  by  Congress,  regulating  fc-ade  and  intercourse 

10277  with  the  Indian  tribes,  shall  have  full  force  and  effect.     And  no 

10278  white  person,  except  such  as  may  be  in  the  employ  of  the  United 

10279  States,  shall  be  allowed  to  reside  or  go  upon  any  portion  of  said 

10280  reservation  without    the  written  permission  of  the  superinten- 

10281  dent  of  Indian  affairs,  or  agent  or  other  person  who  may  be  in- 

10282  trusted  with  the  management  and  control  thereof.    The  afore- 

10283  said  division  and  assignment  of  lands  to  the  Indians  shall  be 

10284  made  under  the  direction  of  the  Secretary  of  the  Interior,  and 

10285  when  approved  by  him  shall  be  final  and  conclusive.    Certifi- 

10286  cates  shall  be  issued  by  the  Commissioner  of  Indian  Affairs  for 

10287  the  tracts  so  assigned,  specifying  the  names  of  the  individuals 

10288  to  whom  they  have  been  assigned  respectively,  and  that  they 

10289  are  for  the  exclusive  use  and  benefit  of  themselves,  their  heirs, 

10290  and  descendants ;  and  said  tracts  shall  not  be  alienated  in  fee, 

10291  leased,  or  otherwise  disposed  of,  except  to  the  United  States,  or 

10292  to  the  members  of  said  bands  of  Indians,  under  such  rules  and 

10293  regulations  as  may  be  prescribed  by  the  Secretary  of  the  Inte- 

10294  rior  ;  and  said  lands  shall  be  exempt  from  taxation,  levy,  sale, 

10295  or  forfeiture,  until  otherwise  provided  for  by  Congress.    Prior 

10296  to  the  issue  of  said  certificates,  the  Secretary  of  the  Interior 

10297  shall  make  such  rules  and  regulations  as  he  may  deem  necessary 

10298  and  expedient,  respecting  the  disposition  of  any  of  said  tracts  in 

10299  case  of  the  death  of  the  person  or  persons  to  whom  they  may  be 

10300  assigned,  so  that  the  same  shall  be  secured  to  the  families  of 

10301  such  deceased  persons  ;  and  should  any  of  the  Indians  to  whom 

10302  tracts  shall  be  assigned  abandon  them,  the  said  Secretary  may 

10303  take  such  action  in  relation  to  the  proper  disposition  thereof  as 

10304  in  his  judgment  may  be  necessary  and  expedient. 

10305  ARTICLE  2.  After  all  the  selections  and  assignments  herein- 

10306  before  specified  shall  have  been  made  and  approved,  the  residue 

10307  of  the  land  in  the  tract  set  apart  for  the  use  of  the  Swan  .Creek 


232 

10308  and  Black  River  Chippewas,  under  the  provisions  of  the  fourth 

10309  article  of  the  treaty  of  May  ninth,  eighteen  hundred  and  thirty  - 

10310  six,  which  may  not  be  embraced  by  the  exterior  boundary  of 

10311  the  reduced  reservation,  shall  be  appraised  at  a  reasonable 

10312  value,  and  the  same  shall  be  sold  at  public  aution  to  the  highest 

10313  bidder,  but  no  bid  shall  be  received  for  a  sum  less  than  the  ap- 

10314  praised  value,  and  the  proceeds  of  sale,  after  deducting  there- 

10315  from  the  expenses  incident  thereto,  shall  be  regarded  as  belong- 

10316  ing  to  the  aforesaid  band  of  Chippewas.    The  said  band  of  In- 

10317  diaus  shall  be  allowed  the  sum  of  three  thousand  dollars  out  of 

10318  the  funds  of  the  Christian  Indians,  as  a  consideration  for  the 

10319  tracts  of  land  which  shall  be  assigned  to  the  members  of  said 

10320  band  of  Indians,  and  also  the  sum  of  six  thousand  dollars,  (to 

10321  be  taken  from  the  Treasury  of  the  United  States,)  in  full  satis- 

10322  faction  of  all  churns  and  demands,  legal,  equitable,  or  otherwise, 

10323  which  the  aforesaid  band  of  Chippewas  may  have  against  the 

10324  United  States  under  the  stipulations  and  provisions  of  former 

10325  treaties,  and  these  sums  of  money,  together  with  the  proceeds 

10326  of  the  sales  of  the  lands  before  mentioned,  shall  be  invested  in 

10327  the  manner  hereinafter  provided.  And  to  enable  the  Secretary  of 

10328  the  Interior  to  liquidate  the  allowance  of  the  aforesaid  sum  of 

10329  six  thousand  dollars,  he  is  authorized,  at  his  discretion,  to  dispose 

10330  of  the  stock  of  the  State  of  Missouri,  purchased  from  avails  of 

10331  land  sold  under  the  treaty  of  eighteen  hundred  and  thirty-six, 

10332  and  such  a  sum  from  interest  accruing  thereon,  and  of  any  bal- 

10333  ance  of  annuities  now  in  the  Treasury  of  the  United  States  re- 

10334  suiting  from  other  treaties  with  said  Indians. 

10335  ARTICLE  3.  For  the  purpose  of  comfortably  establishing  the 

10336  Christian  Indians  upon  the  lands  which  shall  be  assigned  to 

10337  them  in  several ty,  by  building  them  houses,  and  furnishing 

10338  them  with  agricultural  implements,  stock  animals,  and  other 

10339  necessary  aid  and  facilities  for  commencing  agricultural  pursuits 

10340  under  favorable  circumstances,  there  shall  be  expended,  under 

10341  the  direction  of  the  Secretary  of  the  Interior,  (out  of  the  aggre 

10342  gate  sum  of  forty-three  thousand  four  hundred  dollars  deposited 

10343  in  the  Treasury  of  the  United  States  by  A.  J.  Isacks,  to  the 

10344  credit  of  said  Secretary  for  the  use  of  the  Christian  Indians,)  a 

10345  sum  not  exceeding  twenty-three  thousand  dollars,  and  the  bal- 

10346  ance  of  the  aforesaid  aggregate  sum  shall  be  mingled  with  the 

10347  funds  of  the  aforesaid  band  of  Chippewas,  and  the  moneys  so 

10348  mingled  together  shall  constitute  a  joint  fund,  subject  to  the 

10349  direction  and  control  of  the  Secretary  of  the  Interior.     Two 

10350  thousand  dollars  thereof  shall  be  expended  for  the  benefit  of 

10351  said  united  bands  of  Indians,  in  providing  them  with  a  school- 

10352  house,  church  building,  and  blacksmith-shop,  and  necessary  fix- 

10353  .  tares,  and  the  residue  of  said  joint  fund,  after  deducting  there- 


233 

10354  from  all  the  expenses  incident  to  the  negotiation  of  this  treaty, 

10355  the  survey  and  assignment  of  the  lands,  the  concentration  of 
10350  the  Indians  thereon,  and  all  other  necessary  expenses,  shall  be 

10357  invested  in  safe  and  profitable  stocks,  yielding  an  interest  of  not 

10358  less  than  five  per  centum  per  annum ;  and  said  interest,  as  it 

10359  becomes  due,  shall  be  applied,  under  the  direction  of  the  Secre- 

10360  tary  of  the  Interior,  from  time  to  time,  for  educational  purposes, 

10361  for  the  support  of  a  blacksmith-shop,  and  such  other  beneficial 

10362  objects  as  he  may  adjudge  to  be  necessary  and  expedient  for  the 

10363  general  prosperity  and  advancement  of  the  aforesaid  bands  of 

10364  Indians  in  the  arts  of  civilized  life. 

10365  ARTICLE  4.  In  consideration  of  the  provisions  contained  in 

10366  the  several  articles  of  this  treat}',  the  aforesaid  baud  of  Swan 

10367  Creek  and  Black  Eiver  Chippewas  hereby  relinquish  all  claims 

10368  and  demands  which  they  may  have  against  the  United  States, 

10369  under  the  stipulations  of  the  treaty  of  November  17.  1807,  and 

10370  the  treaty  of  May  9, 1836 ;  and  they  hereby  abandon  and  renounce 

10371  any  and  all  claims  to  participate  in  the  provisions  of  the  subse- 

10372  quent  treaty  of  Augiist  2, 1855,  and  they  receive  the  stipulations 

10373  and  provisions  contained  in  these  articles  of  agreement  and  con- 

10374  ventiou,  in  full  satisfaction  of  the  terms  and  conditions  of  all 

10375  former  treaties,  and  release  the  United  States  from  the  payment 

10376  of  all  claims  of  every  character  whatsoever. 

10377  ARTICLE  5.  It  is  agreed  that  ail  roads  and  highways,  laid 

10378  out  by  authority  of  law,  shall  have  right  of  way  through  the 

10379  lauds  within  the  reservation  hereinbefore  specified,  on  the  same 

10380  terms  as  are  provided  by  law,  when  roads  and  highways  are 

10381  made  through  lauds  of  citizens  of  the  United  States;  and  rail- 

10382  road  companies,  when  the  lines  of  their  roads  necessarily  pass 

10383  through  the  lands  of  said  Indians,  shall  have  right  of  way  on  the 

10384  payment  of  just  compensation  therefor  in  money. 

10385  ARTICLE  6.  This  instrument  shall  be  obligatory  on  the  eon- 

10386  tracting  parties  whenever  the  same  shall  be  ratified  by  the  Pres- 

10387  idont  and  the  Senate  of  the  United  States. 

10388  Proclaimed  July  9,  1860. 


10389  CHIPPKWAS— SAG  IN  AAV,  SWAN  CREEK,  AND  BLACK 

10390  RIVER. 

10391  FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 

10392  to  all  persons  to  whom  these  presents  shall  come,  greeting: 

10393  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

10394  Detroit,  in  the  State  of  Michigan,  on  the  second  day  of  August, 

10395  one  thousand  eight  hundred  and  fifty-five,  between  George  AV. 

10396  Manypenny  and  Henry  C.  Gilbert,  commissioners  on  the  part  of 

30  I  T 


234 

10397  the  United  States,  and  the  Chippewa  Indians  of  Saginaw,  par- 

10398  ties  to  tlie  treaty  of  January  14,  1837,  and  that  portion  of  the 

10399  bands  of  Chippewa  Indians  of  Swan  Creek  and  Black  River, 

10400  parties  to  the  treaty  of  May  9,  1836,  and  now  remaining  in  the 

10401  State  of  Michigan,  which  treaty  is  in  the  words  and  figures  fol- 

10402  lowing,  to  wit : 

10403  Articles  of  agreement  and  convention  made  and  concluded 

10404  at  the  city  of  Detroit,  in  the  State  of  Michigan,  this  second  day 

10405  of  August,  one  thousand  eight  hundred  and  fifty-five,  between 

10406  George  AY.  Mauypenny  and  Henry  C.  Gilbert,  commissioners  on 

10407  the  part  of  the  United   States,  and  the  Chippewa   Indians  of 

10408  Saginaw,  parties  to  the  treaty  of  January  14,  1837,  and   that 

10409  portion  of  the  band  of  Chippewa  Indians  of  Swan  Creek  and 

10410  Black  River,  parties   to  the   treaty  of  May  9,  1836,   and  now 

10411  remaining  in  the  State  of  Michigan. 

10412  In  view  of  the  existing  condition  of  the  Indians  aforesaid, 

10413  and  of  their  legal  and  equitable  claims  against   the  United 

10414  States,  it  is  agreed  between  the  contracting  parties  as  follows, 

10415  viz : 

10416  ARTICLE  1.  The  United  States  will  withdraw  from  sale,  for 

10417  the  benefit  of  said  Indians,  as  herein  provided,  all  the  unsold 

10418  public  lands  within  the  State  of  Michigan,  embraced  in  the  fol- 

10419  lowing  description,  to  wit : 

10420  First.  Six  adjoining  townships  of  land  in  the    county  of 

10421  Isabella,  to  be  selected  by  said  Indians  within  three  months 

10422  from  this  date,  and  notice  thereof  given  to  their  agent. 

10423  Second.  Townships  Nos.  17  and  18  north,  ranges  3,  4,  and  5 

10424  east. 

10425  The  United  States  will  give  to  each  of  the  said  Indians,  bo- 

10426  ing  a  head  of  a  family,  eighty  acres  of  land  ;  and  to  each  single 

10427  person  over  twenty-one  years  of  age,  forty  acres  of  land  $  and 

10428  to  each  family  of  orphan  children  under   twenty-one  years  of 

10429  age,  containing  two  or  more  persons,  eighty  acres  of  land  ;  and 

10430  to  each  single  orphan  child  under  twenty-one  years  of  age,  forty 

10431  acres  of  land  ;  to  be  settled  and  located  within  the  several  tracts 

10432  of  land  hereinbefore  described,  under  the  same  rules  and  regu- 

10433  lations,  in  every  respect,  as  are  provided  by  the  agreement  con- 

10434  eluded  on  the  31st  day  of  July,  A.  1).  1855,  with  the  Ottawa* 

10435  and  Chippewas  of  Michigan,  for  the  selection  of  their  lands. 

10436  And  the  said  Chippewas  of  Saginaw   and  Swan  Creek  and 

10437  Black  River  shall  have  the  same  exclusive  right  to  enter  lands 

10438  within  the  tracts  withdrawn  from  sale  for  them  for  five  years 

10439  after  the  time  limited  for  selecting  the  lauds  to  which  they  are 

10440  individually  entitled,  as  is  extended  to  the  Ottowas  and  Chip- 

10441  pewas  by  the  terms  of  said  agreement. 

10442  And  the  provisions  therein  contained  relative  to  the  pur- 


235 

10443  chase  and  sale  of  laud  for  school-bouses,  churches,  and  educa- 

10444  tional  purposes,  shall  also  apply  to  this  agreement. 

10445  ARTICLE  2.  The  United  States  shall  also  pay  to  the  said 

10446  Indians  the  sum  of  two  hundred  and  twenty  thousand  dollars, 

10447  in  manner  following,  to  wit: 

10448  First.  Thirty  thousand  dollars  for  educational  purposes,  to 

10449  be  paid  in  five  equal  annual  instalments  of  four  thousand  dollars 

10450  each,  and  in  five  subsequent  equal  annual  instalments  of  two 

10451  thousand  dollars  each,  to  be  expended  under  the  direction  of 

10452  the  President  of  the  United  States. 

10453  Second.  Forty  thousand  dollars,  in  five  equal  annual  instal- 

10454  ments  of  five  thousand   dollars  each,  and  in   five  subsequent 

10455  equal  annual   instalments  of  three  thousand  dollars  each,  in 

10456  agricultural  implements  and  carpenters'  tools,  household  furni- 

10457  tn re  and  building  materials,  cattle,  labor,  and  all  such  articles  as 

10458  maybe  necessary  and  useful  for  them  in  removing  to  the  homes 
10450  herein  provided,  and  getting  permanently  settled  thereon. 
10160  Third.  One  hundred  and  thirty-seven  thousand  and  six  huu- 

10461  dred  dollars  in  coin,  in  ten  equal  instalments  of  ten  thousand 

10462  dollars  each,  and  in  two  subsequent  equal  annual  instalments 

10463  of  eighteen  thousand  and  eight  hundred  dollars  each,  to  be  dis- 

10464  tributed^er  capita  in  the  usual  manner  for  paying  annuities. 

10465  Fourth.  Twelve  thousand  and  four  hundred  dollars  for  the 

10466  support  of  one  blacksmith -shop  for  ten  years. 

10467  The  United  States  will  also  build  a  grist  and  saw  mill  lor 

10468  said  Indians  at  some  point  in  the  territory,  to  be  selected  by  them 

10469  in  said  county  of  Isabella,  provided  a  suitable  water-power  can 

10470  be  found,  and  will  furnish  and  equip  the  same  with  all  necessary 

10471  fixtures  and  machinery,  and  will  construct  such  dam,  race,  and 

1 0472  other  appurtenances  as  may  be  necessary  to  render  the  water- 

10473  power  available :     Provided,  That  the  whole  amount  for  which 

10474  the  United  States  shall  be  liable  under  this  provision  shall  not 

10475  exceed  the  sum  of  eight  thousand  dollars. 

10476  The  United  States  will  also  pay  the  further  sum  of  four 

10477  thousand  dollars  for  the  purpose  of  purchasing  a  saw-mill,  and 

10478  in  repair  of  the  same,  and  in  adding  thereto  the  necessary 

10479  machinery  and  fixtures  for  a  run  of  stone  for  grinding  grain  ; 
L0480  the  same  to  be  located  on  the  tract  described  in  clause  "  second," 

10481  Article  1. 

10482  The  United  States  will  also  pay  the  further  sum  of  twenty 

10483  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  to  be 

1 0484  applied  in  liquidation  of  the  present  just  indebtedness  of  the  said 

10485  Indians :  Provided,  That  all  claims  presented  shall  be  investi- 

10486  gated,  under  the  direction  of  the  Secretary  of  the  Interior,  within 

10487  six  months,  who  shall  prescribe  such  rules  and  regulations  for 

10488  conducting  such  investigation,  and  for  testing  the  validity  and 


236 

10480  justice  of  the  claims  as  he  shall  deem  suitable  and  proper.     And 

10490  no  claim  shall  be  paid  except  on  the  certificate  of  the  said  Secre- 

10491  tary  that,  in  his  opinion,  the  same  is  justly  and  equitably  due  ; 

10492  and  all  claimants  who  shall  not  present  their  claims  within  such 

10493  time  as  may  be  limited  by  said  Secretary,  or  whose  claims,  hav- 

10494  ing  been  presented,  shall  be  disallowed  by  him,  shall  be  forever 

10495  precluded  from  collecting  the  same,  or  maintaining  an   action 
1049G  thereon  in  any  court  whatever:  And  provided  also.  That  no  por- 

10497  tion  ot  the  money  due  said  Indians  for  annuities,  as  herein  pro- 

10498  vided,  shall  ever  be  appropriated  to  pay  their  debts  under  any 

10499  pretence  whatever :  Provided,  That  the  balance  of  the  amount 

10500  herein  allowed  as  a  just  increase  for  the  sessions  and  relinquish- 

10501  ments  aforesaid,  after  satisfaction  of  the  awards  of  the  Secretary 

10502  of  the  Interior,  shall  be  paid  to  the  said  Indians,  or  expended 

10503  for  their  benefit  in  such  manner  as  the  Secretary  shall  prescribe, 

10504  in  aid  of  any  of  the  objects  specified  in  this  treaty. 

10505  ARTICLE  3.  The  said  Chippewas  of  Saginaw,  and  of  Swan 
1050(3  Creek  and  Black  Kiver,  hereby  cede  to  the  United  States  all  the 

10507  lauds  within  the  State  of  Michigan  heretofore  owned  by  them  as 

10508  reservations,  and  whether  held  for  them  in  trust  by  the  United 

10509  States  or  otherwise ;  and  they  do  hereby,  jointly  and  severally, 

10510  release  and  discharge  the  United  States  from  all  liability  to  them , 

10511  and  to  their  or  either  of  their  said  tribes,  for  the  price  aud  value 

10512  of  all  such  lands,  heretofore  sold,  and  the  proceeds  of  which  re- 

10513  main  unpaid. 

10514  Aud  they  also  hereby  surrender  all  their  and  each  of  their 

10515  permanent  anuuuities,  secured   to  them  or  either  of  them  by 

10516  former  treaty  stipulations,  including  that  portion  of  the  annuity 

10517  of  eight  hundred  dollars  payable  to  "  the  Chippewas,"  by  the 

10518  treaty  of  November  17,  1807,  to  which  they  are  entitled,  it  being 

10519  distinctly  understood  and  agreed  that  the  grants  and  payments 

10520  hereinbefore  provided  for  are  in  lieu   and  satisfaction   of  all 

10521  claims,  legal  and  equitable,  on  the  part  of  said  Indians,  jointly 

10522  aud  severally,  against  the  United  States  for  laud,  money,  or  other 

10523  thing  guarauteed  to  said  tribes,  or  either  of  them,  by  the  stipu- 

10524  lations  of  any  former  treaty  or  treaties. 

10225  ARTICLE  4.  The  entries  of  land  heretofore  made  by  Indians 

10526  aud  by  the  Missionary   Society  of  the    Methodist  Episcopal 

10527  Church  for  the  benefit  of  the  Indians,  on  lauds  withdrawn  from 

10528  sale  in  townships  14  north,  range  4  east,  aud  10  north,  range  5 

1 0529  east,  in  the  State  of  Michigan,  are  hereby  confirmed,  and  patents 

10530  shall  be  issued  therefor  as  in  other  cases. 

10531  ARTICLE  5.  The  United  States  will  provide  an  interpreter 

10532  for  said  Indians  for  five  years,  and  as  much  longer  as  the  Presi- 

10533  dent  may  deem  necessary. 

10534  ARTICLE  6.  The  tribal  organization  of  said  Indians,  except 


237 

10535  so  far  as  may  be  necessary  for  the  purpose  of  carrying  into  effect 

10536  the  provisions  of  this  agreement,  is  hereby  dissolved. 

10537  ARTICLE  7.  This  agreement  shall  be  obligatory  and  binding 

10538  on  the  contracting  parties  as  soon  as  the  same  shall  be  ratified 

10539  by  the  President  and  Senate  of  the  United  States. 

10540  Proclaimed  June  21,  1856. 

10511  Treaty  between  the  United  Mates  of  America  and  the  Chippcwa  In- 

10542  dians  of  Saginaw,  Swan  Creek,  and  Blade  River,  Michigan, 

10543  concluded     October    18,   1864 ;     ralificatian    advised,    with 

10544  amendments,  May  22,  1866 ;   amendments  accepted  June  18, 

10545  1866. 

10546  ANDREW  JOHNSON,  President  of  the  Unitecl  States  of  America, 

10547  to  all  and  singular  to  whom  these  presents   shall   come, 

10548  greeting : 

10540  Whereas  a  treaty  was  made  and  concluded  at  Isabella,  in 

10550  the  State  of  Michigan,  on  the  eighteenth  day  of  October,  in  the 

10551  year  of  our  Lord  one  thousand  eight  hundred  and  sixty -four,  by 

10552  and  between  H.  J.  Alvord  and  D.  C.  Leach,  commissioners  on 

10553  the  part  of  the  United  States;  and  S.  D.  Simonds,  Lyman  Ben- 

10554  nett.  Jno.  Pay-me-qou-nng,  and  other  chiefs  and  head-men  of  the 

10555  Chippewa  Indians  of  the   Saginaw,  Swan  Creek,   and  Black 

10556  Kiver,  in  the  State  of  Michigan,  representing  said  Indians,  and 

10557  duly  authorized  thereto  by  them,  which  treaty  is  in  the  words 

10558  and  figures  following,  to  wit : 

10550  Articles  of  agreement  and  convention  made  and  concluded  at 

10560  the  Isabella  Indian  reservation,  in  the  State  of  Michigan, 

10561  on  the  eighteenth  day  of  October,  in  the  year  one  thousand 

10562  eight  hundred  and  sixty-four,  between  H.  J.  Alvord,  special 

10563  commissioner  of  the  United  States,  and  D.  C.  Leach,  United 

10564  States  Indian  agent,  acting  as  commissioners  for  and  on  the 

10565  part  of  the  United  States,  and  the  Ohippewas  of  Saginaw. 

10566  Swan  Creek,  and  Black  Kiver,  in  the  State  of  Michigan 

10567  aforesaid,  parties  to  the  treaty  of  August  2d,  1855,  as  fol- 

10568  lows,  viz  : 

10561)  ARTICLE  1.  The  said  Chippewas  of  Saginaw,  Swan  Creek, 

10570  and  Black  Eiver,  for  and  in  consideration  of  the  conditions  here- 

10571  inafter  specified,  do  hereby  release  to  the  United  States  the  sev- 

10572  eral  townships  of  land  reserved  to  said  tribe  by  said  treaty 

10573  aforesaid,  situate  and  being  upon  Saginaw  Bay,  in  said  State. 

10574  The  said  Indians  also  agree  to  relinquish  to  the  United 

10575  States  all  claim  to  any  right  they  may  possess  to  locate  lauds  in 

10576  lieu  of  lands  sold  or  disposed  of  by  the  United  States  upon 

10577  their  reservation  at  Isabella,  and  also  the  right  to  purchase  the 


238 

10578  UD selected  lands  in  said  reservation,  as  provided  for  in  the  first 

10579  article  of  said  treaty. 

10580  ARTICLE  2.  In  consideration  of  the  foregoing  relinquish- 

10581  ments,  the  United  States  hereby  agree  to  set  apart  for  the  ex- 

10582  elusive  use,  ownership,  and  occupancy  of  the  said  of  the  said 

10583  Chippewas  of  Saginaw,  Swan  Creek,  and  Black  Kiver,  all  of  the 

10584  unsold  lauds  within  the  six  townships  in  Isabella  County,  re- 

10585  served  to  said  Indians  by  the  treaty  of  August  2, 1855,  aforesaid, 

10586  and  designated  as  follows,  viz: 

10587  The  north  half  of  township  fourteen,  and  townships  fifteen 

10588  and  sixteen  north,  of  range  three  west;  the  north  half  of  town- 
10580  ship  fourteen  and  "township  fifteen  north,  of  range  four  west, 

10590  and  townships  fourteen  and  fifteen  north,  of  range  five  west. 

10591  ARTICLE  3.  So  soon  as  practicable  after  the  ratification  of 

10592  this  treaty,  the  persons  who  have  heretofore  made  selections  of 

10593  lands  within  the  townships  upon  Sagiuaw  Bay,  hereby  reliu- 

10594  quished,  may  proceed  to  make  selections  of  lands  upon  the  Isa- 

10595  bella  reservation   in  lieu  of  their  selections  aforesaid,  and  in 
1059G  like  quantities. 

10597  After  a  reasonable  time  shall  have  been  given  for  the  parties 

10598  aforesaid  to  make  their  selections  in  lien  of  those  relinquished, 

10599  the  other  persons  entitled  thereto  may  then  proceed  to  make 

10600  their  selections,  in  quantities  as  follows,  viz  : 

10601  For  each  chief  of  said  Indians  who  signs  this  treaty,  eighty 

10602  acres  in  addition  to  their  selections  already  made,  and  to  patents 

10603  in  fee  simple. 

10604  For  one  head-man  in  each  band  into  which  said  Indians  are 

10605  now  divided,  forty  acres,  and  to  patents  in  fee  simple. 

10606  For  each  person  being  the  head  of  a  family,  eighty  acres. 

10607  For  each  single  person  over  the  age  of  twenty-one  years, 
13608  forty  acres. 

10609  For  each  orphan  child  under  the  age  of  twenty-one  years, 

10610  forty  acres. 

10611  For  each  married  female  who  has  not  heretofore  made  a 

10612  selection  of  land,  forty  acres. 

10613  And  for  each  other  person  now  living,  or  who  may  be  born 
J0614  hereafter,  when  he  or  she  shall  have  arrived  at  the  age  of  twenty  - 

10615  one  years,  forty  acres,  so  long  as  any  of  the  lands  in  said  reserve 

10616  shall  remain  unselected,  and  no  longer. 

10617  In   consideration  of  important  services   rendered   to  said 

10618  Indians  during  many  years  past,  by  William  Smith,  John  Col- 

10619  lins  1st,  Andrew  J.  Carapeau,  and  Thomas  Chatfield,  it  is  here- 

10620  by  agreed  that  they  shall  each  be  allowed  to  select  eighty  acres 
1062 L  in  addition  to  their  previous  selections,  and  receive  patents  there- 

10622  for  in  fee  simple;  and  to  Charles  H.  Kodd,  eighty  acres,  and  a 

10623  patent  therefor  in  fee  simple,  to  be  received  by  said  Rodd  as  a 


239 

10624  full  consideration  and  payment  of  all  claims  he  may  have  against 

10625  said  Indians,  except  claims  against  individuals  for  services  ren- 

10626  dered  or  money  expended  heretofore  by  said  Rodd  for  the  benefit 

10627  of  said  Indians. 

10628  It  is  understood  and  agreed  that  those  Ottawas  and  Chippe- 

10629  was  and  Pottawatornies  now  belonging  to  the  bands  of  which  Met- 

10630  ayorneig,  May-me-she-gaw-day, Keche-kebe-me-mo  say,  and  Waw- 

10631  be-maw-ing-gun  are  chiefs,  who  have  heretofore  made  selections 

10632  upon  said  reservations,  by  permission  of  said  Chippewas  of  Sagi- 

10633  naw,  Swan  Creek,  and  Black  Eiver,  who  now  reside  upon  said  reser- 

10634  vation  in  Isabella  County,  or  who  may  remove  to  said  reservation 

10635  within  one  year  after  the  ratification  of  this  treaty,  shall  be  en- 

10636  titled  to  the  same  rights  and  privileges  to  select  and  hold  land 

10637  as  are  contained  in  the  third  article  of  this  agreement. 

10638  So  soon  as  practicable  after  the  ratification  of  this  treaty, 

10639  the  agent  for  the  said  Indians  shall  make  out  a  list  of  all  those 

10640  persons  who  have  heretofore  made  selections  of  lands  under  the 

10641  treaty  of  August  2d,  1855,  aforesaid,  and  of  those  who  may  be 

10642  entitled  to  selections  under  the  provisions  of  this  treaty,  and  he 

10643  shall  divide  the  persons  enumerated  in  said  list  into  two  classes, 

10644  viz,  " competent"  and  "those  not  so  competent.77 

10645  Those  who  are  intelligent,  and  have  sufficient  education. 

10646  and  are  qualified  by  business  habits  to  prudently  manage  their 

10647  affairs,  shall  be  set  down  as  "  competents,"  and  those  who  are 

10648  uneducated,  or  unqualified  in  other  respects  to  prudently  man- 

10649  age  their  affairs,  or  who  are  of  idle,  wandering,  or  dissolute 

10650  habits,  and  all  orphans,  shall  be  set  down  as  "those  not  so  com- 

10651  petent." 

10652  The  United  States  agrees  to  issue  patents  to  all   persons 

10653  entitled  to  selections  under  this  treaty,  as  follows,  viz  :  To  those 

10654  belonging  to  the  class  denominated  a  competents,"  patents  shall 

10655  be  issued  in  fee  simple,  but  to  those  belonging  to  the  class  of 

10656  "those  not  so  competent,'7  the  patent  shall  contain  a  provision 

10657  that  the  land  shall  never  be  sold  or  alienated  to  any  person  or 

10658  persons  whomsoever,  without  the  consent  of  the  Secretary  of  the 

10659  Interior  for  the  time  being. 

10660  ARTICLE  4.  The  United  States  agrees  to  expend  the  sum  of 

10661  twenty  thousand  dollars  for  the  support  and  maintenance  of  a 

10662  manual-labor  school  upon  said  reservation :  Provided,  That  the 

10663  Missionary  Society  of  the  Methodist  Episcopal  Church  shall, 

10664  within  three  years  after  the  ratification  of  this  treaty,  at  its  own 

10665  expense,  erect  suitable  buildings  for  school  and  boarding-house 

10666  purposes,  of  a  value  of  not  less  than  three  thousand  dollars,  upon 

10667  the  southeast  quarter  of  section  nine,  township  fourteen  north, 

10668  of  range  four  west,  which  is  hereby  set  apart  for  that  purpose 

10669  The  superintendent  of  public  instruction,  the  lieutenant 


240 

10070  governor  of  the  State  of  Michigan,  and  one  person  to  be  desig- 

10671  nated  by  said  missionary  society,  shall  constitute  a  board  of 

10672  visitors,  whose  duty  it  shall  be  to  visit  said  school  once  during 

10673  each  year,  and  examine  the  same,  and  investigate  the  character 

10674  and  qualifications  of  its  teachers  and  all  other  persons  con- 

10675  nected  therewith,  and  report  thereon  to  the  Commissioner  of 

10676  Indian  Affairs. 

10677  The  said  Missionary  Society  of  the  Methodist  Episcopal 

10678  Church  shall  have  fall  and  undisputed  control  of  the  mauage- 

10679  inent  of  said  school  and  the  farm  attached  thereto.     Upon  the 

10680  approval   and   acceptance  of  the   school   and  boarding-house 

10681  buildings  by  the  board  of  visitors,  the  United  States  will  pay 

10682  to  the  authorized  agent  of  said  missionary  society,  for  the  sup- 

10683  port  and  maintenance  of  the  school,  the  sum  of  two  thousand 

10684  dollars,  and  the  like  sum  annually  thereafter  until  the  whole 

10685  sum  of  twenty  thousand  dollars  shall  have  been  expended. 

10686  The   United  States  reserves  the  right  to  suspend  the  an- 

10687  nual  appropriation  of  two  thousand  dollars  for  said  school,  in  part 

10688  or  in  whole,  whenever  it  shall  appear  that  said  missionary  society 

10689  neglects  or  fails  to  manage  the  affairs  of  said  school  and  farm  in 

10690  a  manner  acceptable  to  the  board  of  visitors  aforesaid ;  and  if,  at 

10691  any  time  within  a  period  of  ten  years  after  the  establishment 

10692  of  said  school,  said  missionary  society  shall  abandon  said  school 

10693  or  farm  for  the  purposes  intended  in  this  treaty,  then,  and  in 

10694  such  case,  said  society  shall  forfeit  all  of  its  rights  in  the  lands, 

10695  buildings,  and  franchises  under  this  treaty,  and  it  shall  then  be 

10696  competent  for  the  Secretary  of  the  Interior  to  sell  or  dispose  of 

10697  the  land  hereinbefore  designated,  together  with  the  buildings 

10698  and  improvements  thereon,  and  expend  the  proceeds  of  the  same 

10699  for  the  educational  interests  of  the  Indians  in  such  manner  as 

10700  he  may  deem  advisable. 

10701  At  the  expiration  of  ten  years  after  the  establishment  of 

10702  said  school,  if  said  missionary  society  shall  have  conducted 

10703  said  school  and  farm  in  a  manner  acceptable  to  the  board  of 

10704  visitors  during  said  ten  years,  the  United  States  will  convey  to 

10705  said  society  the  land  before  mentioned  by  patent  in  trust  for 

10706  the  benefit  of  said  Indians. 

10707  In  case  said  missionary  society  shall  fail  to  accept  the  trust 

10708  herein  named  within  one  year  after  the  ratification   of  this 

10709  treaty,  then,  and  in  that  case,  the  said  twenty  thousand  dollars 

10710  shall  be  placed  to  the  credit  of  the  educational  fund  of  said  In- 

10711  dians,  to  be  expended  for  their  benefit  in  such  manner  as  the 

10712  Secretary  of  the  Interior  may  deem  advisable. 

10713  It  is  understood  and  agreed  that  said  missionary  society 
107 L4  may  use   the  school-house  now   standing  upon  land  adjacent 


241 

10715  to  the  land  hereinbefore  set  apart  for  a  school-farm  where  it 

10716  now  stands,  or  move  it  upon  the  land  so  set  apart. 

10717  ARTICLE  5.  The  said  Indians  agree  that,  of  the  last  two 

10718  payments  of  eighteen   thousand  eight  hundred  dollars  each, 

10719  provided  for  by  the  said  treaty  of  August  second,  eighteen  him- 

10720  dred  and  fifty-five,  the  sum  of  seventeen  thousand  six  hundred 

10721  dollars  may  be  withheld,  and  the  same  shall  be  placed  to  the 

10722  credit  of  their  agricultural  fund,  to  be  expended  for  their  benefit 

10723  in  sustaining  their  blacksmith-shop,  in   stock,  animals,  agri- 
10721  cultural  implements,  or  in  such  other  manner  as  the  Secretary 
10725  of  the  Interior  may  deem  advisable. 

1072G  ARTICLE  6.  The  Commissioner  of  Indian  Affairs  may,  at 

10727  the  request  of  the  chiefs  and  head-ineu,  sell  the  mill  and  land 

10728  belonging  thereto  at  Isabella  City,  on  said  reservation,  and 

10729  apply  the  proceeds  thereof  for  such  beneficiary  objects  as  may 

10730  be  deemed  advisable  by  the  Secretary  of  the  Interior. 

10731  ARTICLE  7.  Inasmuch  as  the  mill  belonging  to  said  Indians 

10732  is  partly  located  upon  laud  heretofore  selected  by  James  Nichol- 

10733  son,  it  is  hereby  agreed  that  upon  a  relinquishment  of  ten  acres 
10731  of  said  land  by  said  Nicholson,  in  such  form  as  may  be  deter- 

10735  mined  by  the  agent  for  said  Indians,  he,  the  said  Nicholson, 

10736  shall  be  entitled  to  select  eighty  acres  of  land,  subject  to  the 

10737  approval  of  the  Secretary  of  the  Interior,  and  to  receive  a 

10738  patent  therefor  in  fee  simple. 

10739  ARTICLE  8.  It  is  hereby  expressly  understood  that  the 

10740  eighth  article  of  the  treaty  of  August  second,  eighteen  hun- 

10741  dred  and  fifty-five,  shall  in  no  wise  be  affected  by  the  terms  of 

10742  this  treaty. 

10743  Proclaimed  16th  August,  1866. 


10744  CHIPPEWAS— BOIS  FORTE  BAND. 

10745  Treaty  between  the  United  Mates  of  America  and  the  Bois  Forte 

10746  band  of  Cliippewa  Indians  ;  concluded  April  7, 1866  ;  ratifi- 

10747  cation  advised,  icith  amendment,  April  26,  1866 ;  amendment 

10748  accepted,  April  28,  1866. 

10749  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

10750  to  all  and  singular  to  whom  these  presents   shall  come, 

10751  greeting : 

10752  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

10753  Washington,  in  the  District  of  Columbia,  on  the  seventh  day  of 

10754  April,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 

10755  sixty-six,  by  and  between  Dennis  N.  Cooley  and  E.  E.  L.  Taylor, 

31 1  T 


242 

10756  commissioners  oil  the  part  of  the    United    States,  and  Gabe- 

10757  shcodaway  or  Going  through  the  Prairie,  Babawmadjeweshcaug 

10758  or  Mountain  Traveller,  and  others,  chiefs,  head-men,  and  war- 

10759  riors  of  the  Bois  Forte  band  of  Cbippewa  Indians,  on  the  part 

10760  of  said  band  of  Indians,  and  duly  authorized  thereto  by  them, 

10761  which  treaty  is  in  the  words  and  figures  following,  to  wit : 

10762  Articles  of  a  treaty  made  and  concluded  at  Washington,  Dis- 

10763  trict  of  Columbia,  this  seventh  day  of  April,  in  the  year  of 

10764  our  Lord  one  thousand  eight  hundred  and  sixty-six,  by  and 

10765  between  the  United  States,  party  of  the  first  part,  by  their 

10766  commissioners,  D.N.Cooley,  Commissioner  of  Indian  Affairs, 

10767  and  E.  E.  L.  Taylor,  thereunto  duly  authorized,  and  the 

10768  Bois  Forte  band  of  Chippewa  Indians,  parties  of  the  second 

10769  part,  by  the  undersigned  chiefs,  head-men,  and  warriors  of 

10770  said  bands,  thereunto  duly  authorized. 

10771  ARTICLE  1.  The  peace  and  friendship  now  existing  between 

10772  the  United  States  and  said  Bois  Forte  band/;  of  Indians  shall 

10773  be  perpetual. 

10774  ARTICLE  2.  In  consideration  of  the    agreements,  stipula- 

10775  tions,  and  undertakings  to  be  performed  by  the  United  States, 

10776  and  hereinafter  expressed,  the  Bois  Forte  bands  of  Chippewas 

10777  have  agreed  to,  and  do  hereby,  cede  and  forever  relinquish  and 

10778  surrender  to  the  United  States  all  their  right,  title,  claim,  and 

10779  interest  in  and  to  all  lands  and  territory  heretofore  claimed, 

10780  held,  or  possessed  by  them,  and  lying  east  of  the  boundary  line 

10781  mentioned  and  established  in  and  by  the  first  article  of  the 

10782  treaty  made  and  concluded  by  and  between  the  United  States 

10783  of  the  one  part,  and  the  Chippewas  of  Lake  Superior  and  the 

10784  Mississippi  of  the  other  part,  on  the  30th  day  of  September, 

10785  A.  D.  1854,  and  more  especially  in  and  to  all  that  portion  of 

10786  said  territory  heretofore  claimed  and  occupied  by  them  at  and 

10787  near  Lake  Yermillion  as  a  reservation.    The  Bois  Forte  band  of 

10788  Chippewas  in  like  manner  cede  and  relinquish  forever  to  the 

10789  United  States  all  their  claim,  right,  title,  and  interest  in  and  to 

10790  all  lands  and  territory  lying  westerly  of  said  boundary  line,  or 

10791  elsewhere  within  the  limits  of  the  United  States. 

10792  ARTICLE  3.  In  consideration  of  the  foregoing  cession  and 

10793  relinquishment,  the  United  States  agree  to  and  will  perform  the 

10794  stipulations,  undertakings,  and   agreements  following,  that  is 

10795  to  say : 

10796  1st.  There  shall  be  set  apart  within  one  year  after  the  date 

10797  of  the  ratification  of  this  treaty,  under  the  direction  of  the  Presi- 

10798  dent  of  the  United  States,  within  the  Chippewa  country,  for  the 

10799  perpetual  use  and  occupancy  of  said  Bois  Forte  band  of  Chip- 

10800  pewas,  a  tract  of  land  of  not  less  than  oue  hundred  thousand 

10801  acres,  the  said  location  to  include  a  lake  known  by  the  name  of 


243 

10802  Netor  As-sab-a-co-na,  if,  upon  examination  of  the  country  by  the 

10803  agent  sent  by  the  President  of  the  United  States  to  select  the 
10801  said  reservation,  it  is  found  practicable  to  include  the  said  lake 

10805  therein,  and  also  one  township  of  laud  on  the  Grand  Fork  Kiver, 

10806  at  the  mouth  of  Deer  Creek,  if  such  location  shall  be  found 

10807  practicable. 

10808  2d.  The  United  States  will,  as  soon  as  practicable  after  the 

10809  setting  apart  of  the  tract  of  country  first  above  mentioned,  erect 

10810  thereon,  without  expense  to  said  Indians,  one  blacksmith's  shop, 

10811  to  cost  not  exceeding  five  hundred  dollars;  one  school-house,  to 

10812  cost  not  exceeding  five  hundred  dollars;  and  eight  houses  for 

10813  their  chiefs,  to  cost  not  exceeding  four  hundred  dollars  each; 

10814  and  a  building  for  an  agency  house  and  storehouse  for  the  stor- 

10815  age  of  goods  and  provisions,  to  cost  not  exceeding  two  thousand 

10816  dollars. 

10817  3d.  The  United  States   will  expend  annually  for  and  in 

10818  behalf  of  said  Bois  Forte  band  of  Chippewas,  for  and  during 

10819  the  term  of  twenty  years  from  and  after  the  ratification  of  this 

10820  treaty,  the  several  sums  and  for  the  purposes  following,  to  wit  : 

10821  For  the  support  of  one  blacksmith  and  assistant,  and  for  tools, 

10822  iron,  and  steel,  and  other  articles  necessary  for  the  blacksmith's 

10823  shop,  fifteen  hundred  dollars;  for  one  school-teacher,  and  the 
10821  necessary  books  and  stationery  for  the  school,  eight  hundred 

10825  dollars,  the  chiefs  in  council  to  have  the  privilege  of  selecting, 

10826  with  the  approval  of  the  Secretary  of  the  Interior,  the  religious 

10827  denomination  to  which  the  said  teacher  shall  belong ;  for  instrue- 

10828  tions  of  the  said  Indians  in  farming,  and  the  purchase  of  seeds, 

10829  tools,  &c.,  for  that  purpose,  eight  hundred  dollars ;    and  for 

10830  annuity  payments,  the  sum  of  eleven  thousand  dollars,  three 

10831  thousand  five  hundred  dollars  of  which  shall  be  paid  to  them  in 

10832  money  per  capita,  one  thousand  dollars  in  provisions,  ammuni- 

10833  tiou,  and  tobacco,  and  six  thousand  five  hundred  dollars  to  be 
10831  distributed  to  them  in  goods  and  other  articles  suited  to  their 

10835  wants  and  condition. 

10836  ARTICLE  4.  *To  enable  the  chiefs,  head-men,  and  warriors 

10837  now  present  to  establish  their  people  upon  the  new  reservation, 

10838  and  to  purchase  useful  articles  and  presents  for  their  people,  the 

10839  United  States  agree  to  pay  to  them,  upon  the  ratification  of  this 

10840  treaty,  the  sum  of  thirty  thousand  dollars,  to  be  expended  under 

10841  the  direction  of  the  Secretary  of  the  Interior. 

10842  ARTICLE  5.  In  consideration  of  the  services  heretofore  ren- 

10843  dered  to  the  said   Indians  by  Francis  Eoussaire,  senior,  Francis 

10844  Roussaire,  jr.,  and  Peter  E.  Bradshaw,  it  is  hereby  agreed  that 

10845  the  said  persons  shall  each  have  the  right  to  select  one  hundred 

10846  and  sixty  acres  of  land,  not  mineral  lands,  and  to  receive  pat- 

10847  ents  therefor  from  the  United  States ;  and  for  the  like  services 


244 

10848  to  the  Indians,  the  following  named  persons,  to  wit:  Peter  Roy, 

10849  Joseph  Gtirnoe,  Francis  Boy,  Vincent  Eoy,  Eustace  Roussaire, 

10850  and  D.  George  Morrison,  shall  each  have  the  right  to  select 

10851  eighty  acres  of  laud,  not  mineral  lands,  and  to  receive  from  the 

10852  United  States  patents  therefor. 

10853  ARTICLE  G.  It  is  further  agreed  that  all  payments  of  aunu- 

10854  ities  to  the  Bois  Forte  band  of  Chippewas  shall  be  made  upon 

10855  their  reservation  if,  upon  examination,  it  shall  be  found  prac- 

10856  ticable  to  do  so. 

10857  ARTICLE  7.  It  is  agreed  by  and  between  the  parties  hereto 

10858  that,  upon  the  ratification  of  this  treaty,  all  former  treaties 

10859  existing  between  them  inconsistent  herewith  shall  be,  and  the 

10860  same  are  hereby,  abrogated  and  made  void  to  all  intents  and 

10861  purposes;  and  the  said  Indians  hereby  relinquish  any  and  all 

10862  claims  for  arrears  of  payments  claimed  to  be  due  under  such 

10863  treaties,  or  that  are  hereafter  to  fall  due  under  the  provisions  of 

10864  the  same,  except  that  as  to  the  third  clause  of  the  twelfth  article 

10865  of  the  treaty  of  September  30, 1854,  providing  for  a  blacksmith, 

10866  smith-shop,  supplies,  and  instructions  in  farming,  the  same  shall 

10867  continue  in  full  force  and  effect,  but  the  benefits  thereof  shall 

10868  be  transferred  to  the  Chippewas  of  Lake  Superior. 

10869  ARTICLE  8.  The  United  States  also  agree  to  pay  the  ueces- 

10870  sary  expenses  of  transportation  and  subsistence  of  the  delegates 

10871  who  have  visited  Washington  for  the  purpose  of  negotiating 

10872  this  treaty,  not  exceeding  the  sum  of  ten  thousand  dollars. 

10873  Proclaimed  April  26, 1866. 


10874 


CHIPPEWAS— SAGINAW  TRIBE. 


10875  Articles  of  a  treaty  made  and  concluded  at  Detroit,  in  the  State  of 

10876  Michigan,  on  the  fourteenth  day  of  January,  in  the  year  of  our 

10877  Lord  eighteen  hundred  and  thirty-seven,  between  the  United 

10878  States  of  America,  by  their  commissioner,  Henry  R.  Schoolcraft, 

10879  and  the  Saganaw  tribe  of  the  Chippetca  Nation,  by  their  chiefs 

10880  and  delegates,  assembled  in  council. 

10881  ARTICLE  1.  The  said  tribe  cede  to  the  United  States  the 

10882  following  tracts  of  land,  lying  within  the  boundaries   of  Michi- 

10883  gan  ;  namely:  One  tract  of  eight  thousand  acres,  on  the  river 

10884  Au  Sable.     One  tract  of  two  thousand  acres,  on  the  Misho- icitsk 

10885  or  Rifle  River.     One  tract  of  six  thousand   acres,  on  the  north 

10886  side  of  the  river  Kawkawling.     One  tract  of  five  thousand  seven 

10887  hundred  and  sixty  acres  upon  Flint  River,  including  the  site  of 

10888  Reaums  village,  and  a  place  called  KishJcawbawee.    One  tract  of 


245 

10889  eight  thousand  acres  on  the  head  of  the  Cass  (formerly  Huron) 

10890  River,  at  the  village  of  Otussun.     One  island  in  the  Saganaw 

10891  Bay,  estimated  at  one  thousand  acres,  being  the  island  called 

10892  Shaingwaukokaug^   on   which  Mukokoosh  formerly   lived.     One 
1089.')  tract  of  two  thousand  acres  at  Ndbabish,  on  the  Sagauaw  .River. 
10891  One  tract  of  one  thousand  acres,  on  the  east  side  of  the  Saganaw 
10895  River.     One  tract  of  six  hundred  and  forty  acres,  at  Great  Bend, 
1089G  on  Cass  River.     One  tract  of  two  thousand  acres  at  the  mouth 

10897  of  Point  Angrais  River.     One  tract  of  one  thousand  acres,  on 

10898  the  Cass  River,  ut  Menoquetfs  village.     One  tract  of  ten  thousand 

10899  acres  on  the  IShiawassee  River  at  Ketcheicaundaugumirik  or  Big 

10900  Lick.     One  tract  of  six  thousand  acres  at  the  Little  Forks,  on 

10901  the  Tetabwasing  River.     One  tract   of  six  thousand  acres  at  the 

10902  Black-Birds'   town,   on  the   Tctabitasiny  River.      One   tract  of 

10903  forty   thousand  acres,  on  the  west  side  of  the  Sagauaw  River. 
10901  The  whole  containing  one  hundred  and  two  thousand  four  hun- 
10905  dred  acres,  be  the  same  more  or  less. 

10900  ARTICLE  2.  The  said  Indians  shall  have  the  right  of  living 

10907  upon  the  tracts  at  the  river  Angrais,  and  Mushowusk   or   Rifle 

10908  Rivers,  on  the  west  side  of  Saganaw  Bay,  for  the  term  of  five 

10909  years,  during  which  time  no  white  man  shall  be  allowed  to  settle 

10910  on  said  tracts,  under  a  penalty  of  five  hundred  dollars,  to  be  re- 

10911  covered  at  the  suit  of  the  informer  ;  one-half  to  the  benefit  of 

10912  said  informer,  the  other  half  to  the  benefit  of  the  Indians. 

10913  ARTICLE  o.   The  United  States  agree  to  pay  to  the  said 

10914  Indians,  in  consideration  of  the  lands  above  ceded,  the  net  pro- 

10915  ceeds  of  the  sales  thereof,  after  deducting  the  expense  of  sur- 
10910  vey  and  sale,  together  with  the  incidental  expenses  of  this  treaty. 

10917  The  lands  shall  be   surveyed  in  the  usual  manner,  and  offered 

10918  for  sale,  as  other  public  lands,  at  the  laud  offices  of  the  proper 

10919  districts,  as  soon  as   practicable  after  the  ratification   of  this 

10920  treaty.     A  special  account  of  the  sales  shall  be  kept  at  the  Trea- 

10921  sury,  indicating  the  receipts  from  this  source,  and  after  deduct- 

10922  ing  therefrom  the  sums  hereinafter  set  apart  for  specified  ob- 

10923  jects,  together  with  all  other  sums  justly  chargeable  to  this  fund, 

10924  the  balance  shall  be  invested,  under  the  direction  of  the  Presi- 

10925  dent,  in  some  public  stock,  and  the  interest  thereof  shall  be  an- 

10926  nually  paid  to  the  said  tribe,  in  the  same  manner  and  with  the 

10927  same  precautions  that  annuities  are  paid:  Provided,  That  if  the 

10928  said  Indians  shall,  at  the  expiration  of  twenty  years,  or  at  any 

10929  time  thereafter,  require  the  said  stock  to  be  sold,   and  the  pro- 

10930  cecds  thereof  distributed  among  the  whole  tribe,  or  applied  to 

10931  the  advancement  of  agriculture,  education,  or  any  other  useful 

10932  object,  the  same  may  be  done,  with  the  consent  of  the  President 

10933  and  Senate. 

10934  ARTICLE  4.  The  said  Indians  hereby  set  apart,  out  of  the 


246 

10935  fund  created  by  the  sale  of  their  lands,  the  following   sums, 

10930  namely : 

10937  For  a  special  payment  to  each  of  the  principal  chiefs,  agreea- 

10938  bly  to  a  schedule  annexed,  five  thousand  dollars. 

10939  For  the  support  of  schools  among  their  children,  ten  thou- 

10940  sand  dollars. 

10911  For  the  payment  of  their  just  debts,  accruing  since  the  treaty 

1091-}  of  Ghent,  and  before  the  signing- of  this  treaty,  forty  thousand 

10913  dollars. 

10911  For  compensating  American  citizens,  upon  whose  property 

10915  this  tribe  committed  depredations  after  the  surrender  of  Detroit 

10946  in  1812,  ten  thousand  dollars. 

10917  For  meeting  the  payment  of  claims  which  have  been  consid- 

10918  erecl  and  allowed  by  the  chiefs  and  delegates  in  council,  as  per 

10919  schedule  B  hereunto  annexed,  twelve  thousand  two  hundred  and 

10950  forty-three  dollars  and  seventy-five  cents. 

10951  For  vaccine  matter,  and  the  services  of  a  physician,  one 

10952  hundred  dollars  per  annum  for  five  years. 

10953  For  the  purchase  of  tobacco  to  be  delivered  to  them,  two 
10951  hundred  dollars  per  annum  for  five  years. 

10955  The  whole  of  these  sums  shall  be  expended  under  the  clirec- 

10956  tion  of  the  President,  and  the  following  principles  shall  govern 

10957  the   application  :  The  goods  and  provisions  shall  be  purchased 

10958  by  an  agent  or  officer  of  the  Government,  on  contract,  and  de- 

10959  livered  to  them,  at  their  expense,  as  early  as  practicable  after 

10960  the  ratification  of  the  treaty.     The  annuity  of  ten  thousand  dol- 

10961  lars  shall  be  divided  among  the  heads  of  families,  agreeably  to 

10962  a  census,  to  be  taken  for  the  purpose.     The  school  fund  shall  be 

10963  put  at  interest,  by  investment  in  stocks,  and  the  interest  applied 
10961  annually  to   the    object,  commencing  in  the  year  1810,  but  the 

10965  principal  shall  constitute  a  permanent  fund  for  twenty  years, 

10966  nor  shall  the  stock  be  sold,  nor  the  proceeds  diverted,  at  that 

10967  period,  without  the  consent  of  the  President  and  Senate. 

10968  The  monies  set  apart  for  the  liquidation  of  their  debts,  and 

10969  for  depredations  committed  by  them,  shall  be  paid,  under  such 

10970  precautions  for  ascertaining  the  justice  of  the  indebtedness  or 

10971  claim,  as  the  President  may  direct,  but  no  payment  shall  be  made, 

10972  under  either  head,  which  is  not  supported  by  satisfactory  proof, 

10973  and   sanctioned  by  the  Indians;  and  if  any  balance  of  either 
10971  sum  remains  it  shall  be  immediately  divided  by  the  disbursing 

10975  officer  among   the   Indians.     The  other  items  of  expenditure 

10976  mentioned  in  this  article  shall  be  disbursed,  under  the  usual 

10977  regulations  of  the  Indian  Department  for  insuring  faithfulness 

10978  and  accountability  in  the  application  of  the  money. 

10979  ARTICLE  5.  The  United  States  will  advance  the  amount  set 

10980  apart  in  the  preceding  article  for  the  purchase  of  goods  and  pro- 


247 

10981  visions,  and  the  payment  of  debts  and  depredations  by  the  lu- 

10982  dians;  also  the  several  sums  stipulated  to  be  paid  to  the  chiefs, 

10983  and  distributed  to  the  Indians  as  an  annuity  in  1837,  and  the 
10981  amount  set  apart  for  claims  allowed  by  the  Indians,  together 
1098,")  with  the  expense  of  this  negociation. 

1098G  ARTICLE  6.  The  said  tribe  agrees  to  remove  from  the  State 

10987  of  Michigan  as  soon  as  a  proper  location  can  be  obtained.    For 

10988  this  purpose  a  deputation  shall  be  sent  to  view  the  country  oc- 

10989  cupied  by  their  kindred  tribes,  west  of  the  most  westerly  point 

10990  of  Lake  Superior,  and  if  an  arrangement  for  their  future  and 

10991  permanent  residence  can  be  made  in  that  quarter,  which  shall 

10992  be  satisfactory  to  them  and  to  the  Government,  they  shall  be 
10998  permitted  to  form  a  reunion  with  such  tribes,  and  remove  thereto. 
10991  If  such  arrangement  cannot  be  effected,  the  United  States  will 
10995  afford  its  intlueuce  in  obtaining  a  location  for  them  at  such 
1099G  place  west  of  the  Mississippi  and  southwest  of  the  Missouri  as 

10997  the  legislation  of  Congress  may  indicate.     The  agency  of  the 

10998  exploration,  purchase,  and  removal  will  be  performed    b}r  the 

10999  United    States,  but  the  expenses  attending  the  same  shall  be 

11000  chargeable  to  said  Indians  at  the  Treasury,  to  be  refunded  out  of 

11001  the  proceeds  of  their  lauds  at  such  time  and  in  such  manner  as 

11002  the  Secretary  of  the  Treasury  shall  deem  proper. 

11003  ARTICLE  7.  It  is  agreed  that  the  smith's  shop  shall  be  con- 
11001  tinned  among  the  Saganaws,  together  with  the  aid  in  agricul- 

11005  ture,  farming  utensils,  and  cattle  secured  to  them  under  the 

11006  treaty  of  September  21th,  1819,  as  fixed,  in  amount,  by  the  act  of 

11007  Congress,  May  15th,  1820.     But  the  President  is  authorized  to 

11008  direct  the  discontinuance  of  the  stated  farmers  should  he  deem 

11009  proper,  and  the  employment  of  a  supervisor  or  overseer,  to  be 

11010  paid  out  of  this  fund,  who  shall  procure  the  services,  and  make 

11011  the  purchases  required,  under  such  instructions  as  may  be  is- 

11012  sued  by  the  proper  department.     And  the  services  shall  be  ren- 
1101,3  dered,  and  the  shop  kept,  at  such  place  or  places  as  may  be 

11014  most  beneficial  to  the  Indians.     It  shall  be  competent  for  the 

11015  Government,  at  the  request  of  the  Indians  seasonably  made,  to 

11016  furnish  them  agricultural  products,  or  horses  and  saddlery,  in  lieu 

11017  of  said   services,   whenever  the  fund  will  justify  it:  Provided, 

11018  That  the  whole  annual  expense,  including  the  pay  of  the  snper- 

11019  visor,  shall  not  exceed  the  sum  of  two  thousand  dollars,  fixed  by 

11020  the  act  herein  above  referred  to. 

11021  ARTICLE  8.  The   United  States  agree  to  pay  to  the  said 

11022  tribe,  as  one  of  the  parties  to  the  treaty  concluded  at  Detroit 

11023  on  the  17th  of  November,  1807,  the  sum  of  one  thousand  dollars, 

11024  to  quiet  their  claim  to  two  reservations  of  land,  of  two  sections 

11025  each,  lying  in  Oakland  County,  in  the  State  of  Michigan,  which 

11026  were  ceded  to  the  Government  by  the  Pottowattoraies  of  St. 


248 

11027  Joseph's  on  the  nineteenth  of  September,  1827.    This  sum  will 

11028  be  paid  to  the  chiefs  who  are  designated  in  the  schedule  referred 

1 1029  to  in  the  fourth  article,  at  the  same  time  and  place  that  the 

11030  annuities  for  the  present  year  are  paid  to  the  tribe.     And  the 

11031  said  tribe  hereby  relinquish  and  acknowledge  full  satisfaction  for 

11032  any  claim  they  now  have,  or  have  ever  possessed,  to  the  reser- 

11033  rations  aforesaid. 

11034  ARTICLE  9.  Nothing  in  this  treaty  shall  be  construed  to 

11035  affect  the  payment  of  any  annuity  due  to  the  said  tribe  by  any 

11036  prior  treaty.     But  the  same  shall  be  paid  as  heretofore. 

11037  ARTICLE  10.  Abrogated  by  Article  4  of  Treaty  of  December 

11038  20,  1837,  page  251. 

11039  ARTICLE  11.  The  usual  expenses  attending  the  formation  of 

11040  this  treaty  will  be  paid  by  the  United   States,  provided  that 

11041  the  Government  may,  in  the  discretion  of  the  President,  direct 

11042  the  one  moiety  thereof  to  be  charged  to  the  Indian  fund  created 

11043  by  the  third  article  of  this  treaty. 

11044  Proclaimed  July  2,  1838. 

11045  Schedule  of  the  names  of  chiefs  entitled  to  payments  under  the  fourth 
11 040  (nid  eighth  articles  of  the  foregoing  treat}/. 

11047  The  following  chiefs,  representing  the  several  bands  of  the 

11048  tribe  of  the  Saganaws,  are  entitled  to  receive  the  several  sums 

11049  of  five  hundred  and  one  hundred  dollars  e#ch,  to  wit : 

11050  1 .  Ogima  Kegido. 

11051  2.  Shawuu,  Epeuaysse. 

11052  3.  Nan  m  ditch  ego  me. 

11053  4.  MaukEsaub. 

11054  5.  Muckuk,  Kosh. 

11055  6.  Peteway,  Weeturn. 

11056  7.  Paypah,  Monshee. 

11057  8.  Tontagonee. 

11058  9.  Wasse. 

11059  10.  Wahputo-ains. 

11060  HENRY  II.  SCHOOLCKAPT, 

11061  Commissioner. 

11062  SCHEDULE  B. 

11063  To  Wawasso  ...     8400  00 

11064  Ke-she-ah-be-no  qua,  sister  of  Wawasso 400  00 

11065  Ke-wah-ne  quot  , 400  00 

11066  Peter  Provencal 400  00 

11067  Leon,  or  Oge-ma-ge-ke-to 400  00 

11068  Moran,  or  Chemoquemout , 200  00 

11069  Ke-she-go-qua  . . . . , 200  00 


249 

11070  To  Wetoiisaw,  son  of  James  Connor $100  00 

11071  Odis-pa-be-go-qua  and  children. .        800  00 

11072  Pen-a-see 400  00 

11073  Ozhe-me-ega 400  00 

11071          Bourissa's  wife,  at  river  an  Sable 800  00 

11075  Nah-bwa-quo-uua 400  00 

11076  Muttoway-bun-gee 400  00 

11077  Ohonue , 400  00 

11078  Mah-in-gun 800  00 

11079  Ma-couse .  . .  800  00 

11080  J.  P.  Simonton , : .         800  00 

11081  Wabishkindib,  or  Henry  Conner 3,  243  75 

11082  Peepegauaince , 200  00 

11083  Articles  supplementary  to  certain  treaties  between  the  United  States 

11084  and  the  Saganaw  tribe  of  Chippewas. 

11085  AUTICLE  1.  Whereas  the  said  tribe  have,  by  the  treaty  of 

11086  the  llth  January,  1837,  ceded  to  the  United  States  all  their 

11087  reserves  of  laud  in  the  State  of  Michigan,  on  the  principle  of 

11088  said  reserves  being  sold  at  the  public  land-offices  for  their  benefit, 
11080  and  the  actual  proceeds  being  paid  to  them,  as  farther  defined 

11090  by  stipulations  contained  in  the  amendments  to  said  treaty  of 

11091  the  20th  December,  1837,  and  of  the  23d  January,  1838  5   and 

11092  whereas  it  is  required  by  a  subsequent  law  of  Congress  to  erect 

11093  a  light-house  on  one  of  said  reserves,  called  Na-bo-bish  tract, 
11091  lying  at  the  mouth  of  the  Sagauaw  River,  and  to  reserve  so  much 

11095  of  the  same  from  sale  as  may  be  necessary  :  It  is  therefore  hereby 

11096  agreed  by  the  said  tribe  that  for  and  in  consideration  of  the  sum 

11097  of  eight  dollars  per  acre,  one-sixteenth  of  a  section  of  said  tract, 

11098  situated  as  aforesaid,  shall  be,  and  the  same  is  hereby,  appro- 

11099  priated  and  set  apart  to  be  located  and  disposed  of  in  any  mau- 

11100  ner  the  President  may  direct.     And  the  same  shall  be  reserved 

11101  from  sale,  and  all  claim  to  any  proceeds  therefrom,  except  the 

11102  sum  hereinbefore   stipulated,  is  fully,  completely,  and  forever 

11103  relinquished  by  said  tribe. 

11104  ARTICLE  2.  This  compact  shall  be  submitted  to  the  Presi- 

11105  dent  and  Senate  of  the  United  States,  to  be  approved  by  them, 

11106  whereupon  possession  of  the  land  may  be  immediately  taken, 

11107  and  the  usufructory  right  of  the  Indians  thereto  shall  cease. 

11108  Proclaimed  March  2,  1839. 

11109  Supplementary  article  to  a  certain  treaty  between  the  United  States 
111.10  and  the  Chippewa  chiefs  of  Sagana-w,  concluded  at  Lower  Sag- 

11111  anaw,  on  the  seventh  day  of  February,  eighteen  hundred  and 

11112  thirty-nine. 

11113  ARTICLE  1.  Whereas  by  the  first  article  of  the  aforesaid 
11111  treaty,  the  chiefs  stipulate  to  sell   to  the  United  States  forty 

32  i  T 


250 

11115  acres  of  land  to  be  located  on  the  Na-bo-bish  tract  at  the  mouth 

11116  of  Saganaw  river,  for  the  purpose  of  erecting  thereon  a  light- 

11117  house: 

11118  Now,  provided  the  President  of  the  United  States  should 
11110  prefer  forty  acres  on  the  tract  known  as  the  forty-thousand- 

11120  acre  reservation,  at  the  mouth  of  the  aforesaid  river,  he  is  fully 

11121  authorized  by  these  presents  to  change  the  location  from  the  Na- 

11122  bo-bish  tract  to  the  said  forty-thousand-acre  reservation. 

11123  Proclaimed  March  2,  1330. 

11124  Articles  of  a  treaty  made  and  concluded  at  Flint  Rirer,  in  the  State 

11125  of  Michigan,  on  the  twentieth  day  of  December,  eighteen  hun- 

11126  dred  and  thirty-seven,  between  the  United  States,  by  Henry  1\. 

11127  Schoolcraft,  commissioner  duly  authorized  for  that  purpose, 

11128  and  acting  superintendent  of  Indian  affairs,  and  the  tiaganaiv 
11120  tribe  of  Chippewas. 

11130  ARTICLE  1.  It  is  agreed  that  the  sum  of  fifty  cents  per 

11131  acre  shall  be  retained  out  of  every  acre  of  land  ceded  by  said 

11132  tribe,  by  the  treaty  of  the  14th  of  January,  1837,  as  an  iudem- 

11133  nification  for  the  location  to  be  furnished  for  their  future  per- 

11134  mauent    residence  and   to   constitute   a  fund  for  emigrating 

11135  thereto. 

11136  ARTICLE  2.  The  United  States  agree  to  reserve  a  location 

11137  for  said  tribe  on  the  head-waters  of  the  Osage  lliver,  in  the 

11138  country  visited  by  a  delegation  of  the  said  tribe  during  the 
11130  present  year,  to  be  of  proper  extent  agreeably  to  their  numbers, 

11140  embracing  a  due  proportion  of  wood  and  water,  and  lying  con- 

11141  tiguous  to  tribes  of  kindred  language.    Nor  shall  anything  con- 

11142  tallied  in  the  sixth  article  of  the  treaty  of  the  14th  January, 

11143  1837,  entitle  them  at  this  time  to  a  location  in  the  country  west 

11144  of  Lake  Superior. 

11145  ARTICLE  3.  Nothing  embraced  in  the  fifth  article  of  stiid 

11146  treaty  shall  obligate  the  United  States,  at  the  present  time,  to 

11147  advance  from  the  Treasury  the  entire  amount  appropriated  by 

11148  the  said  tribe  in  the  fourth  article  of  said  treaty  ;  but  the  Pres- 
11140  ident  shall  have  authority  to  direct  such  part  of  the  said  moneys 

11150  to  be  paid  for  the  objects  indicated,  so  far  as  the  same  are  not 

11151  hereinafter  modified,  as  he  may  deem  proper :  Provided,  That 

11152  the  whole  sum  so  advanced  shall  not  exceed  seventy-five  thou- 

11153  sand  dollars.    And  the  reduction  shall  be  made  upon  the  sev- 

11154  eral  items  ratably,  or  in  any  other  manner  he  may  direct :  Pro- 

11155  vided,  That  the  balance  of  said  appropriations,  or  of  any  item 

11156  or  items  thereof,  shall  be  paid  out  of  the  proceeds  of  the  ceded 

11157  lands,  as  soon  as  the  fund  will  permit  and  the  President  may 

11158  direct. 


251 

11150  ARTICLE  4.  The  first  and  second  clauses  of  the  fourth  ar- 

11160  tide  of  the  treaty  of  the  14th  of  January,  1837,  and  the  tenth 

11161  article  of  said  treaty  are  hereby  abrogated ;  and  in  lieu  thereof 

11162  it  is  agreed  that  the  United  States  shall  pay  to  said  tribe  in  each 

11163  of  the  years  1838  and  1839,  respectively,  an  annuity  of  five  thou- 
11161  sand  dollars,  and  goods  to  the  amount  of  ten  thousand  dollars, 

11165  to  be  advanced  by  the  Treasury,  and  to  be  refunded  out  of  the 

11166  first  proceeds  of  their  lands.     But  no  further  annuity,  nor  in  any 

11167  higher  amounts,  shall  be  paid  to  them  by  virtue  of  the  treaty 

11168  aforesaid,  untill  the  same  shall  be  furnished  by  the  interest  of 
11161)  the  proceeds  of  their  lands,  vested  in  conformity  with  the  pro- 

11170  visions  of  the  third  article  of  said  treaty. 

11171  AETICLE  5.  Several  of  the  chiefs  entitled  to  payments  by 

11172  schedule  A  affixed  to  the  treaty  aforesaid  having  died  within 

11173  the  year,  it  is  agreed  that  the  proportion  of  the  fund  to  which 

11174  they  would  have  been  entitled  may  be  redivided  in  such  inan- 

11175  11  er  as  the  President  may  direct. 

11176  ARTICLE  6.  Ko  act  of  Congress  shall  confer  upon  any  cit- 

11177  izen  or  other  person  the  right  of  pre-emption  to  any  lands  ceded 

11178  to  the  United  States  by  the  treaty  of  the  14th  of  January,  1837, 
11170  herein  above  referred  to.     oSfor  shall  any  construction  be  put 

11180  upon  any  existing  law  respecting  the  public  lands  granting  this 

11181  right  to  any  lands  ceded  by  said  treaty. 

11182  ARTICLE  7.  The  United  States  will  pay  the  expenses  of  this 

11183  negotiation,  together  with  the  unpaid  expenses  of  the  prior  ne- 

11184  gotiations  with  said  tribe  of  the  21th  of  May,  1836,  and  of  the 

11185  14th  of  January,  1837. 

11186  Proclaimed  July  3,  1838. 


11187  CniPPEWAS.— THE  P>AKDS  COMPREHENDED  WITHES' 

11188  THE  DISTRICT  OF  SAGINAW. 

11180  Articles  of  a  treaty  concluded  at  the  city  of  Raganaw  in  Michigan, 

11100  on  the  twenty-third  day  of  January,  eighteen  hundred   and 

11101  thirty-eight,  between  the  United  Mates  of  America,  ly  the  un- 

11102  designed  commissioner,  and  the  several  bands  of  the  Chippeica 

11103  Nation  comprehended  within  the  district  of  Saganatc. 

11104  Whereas  the  chiefs  of   said  bands  have  represented  that 

11105  combinations  of  purchasers  may  be  formed,  at  the  sale  of  their 

11106  lands,  for  the  purpose  of  keeping  down  the  price  thereof,  both 

11107  at  the  public  and  private  sales,  whereby  the  proceeds  would  be 

11108  greatly  diminished  ;  and 

11100  "Whereas  such  a  procedure  would  defeat  some  of  the  primary 

11200  objects  of  the  cession  of  the  lands  to  the  United  States,  and 


252 

11201  thereby  originate  difficulties  to  their  early  removal  and  cxpatri- 

11202  ation  to  the  country  west  of  the  Mississippi ;  and 

11203  Whereas  full  authority  has  been  given  to  the  undersigned, 

11204  respectively,  on  the  part  of  the  United  States  and  the  said 

11205  bauds,  to  conclude  and  settle  every  question  connected  with  the 

11206  sale  and  cession  aforesaid  : 

11207  Xow,  therefore,  to  the  end  that  justice  may  completely  ensue, 

11208  the  objects  of  both  the  contracting  parties  be  attained,  and  peace 

11209  and  friendship  be  preserved  with  said  tribes,  it  is  mutually 

11210  agreed  as  follows : 

11211  ARTICLE  1.  The  lands  ceded  by  the  treaty  of  the  14th  of 

11212  January,  1837,  shall  be  offered  for  sale,  by  proclamation  of  the 

11213  President,  and  the  sale  shall  be  conducted  in  the  same  manner 

11214  as  the  laws  require  other  lands  to  be  sold :  But  it  is  provided, 

11215  That  all  lands  brought  into  market  under  the  authority  of  said 

11216  treaty  shall  be  put  up  for  sale  by  the  register  and  receiver  of 

11217  the  respective  land  office  at  five  dollars  per  acre,  which  is  hereby 

11218  declared  to  be  the  minimum  price  thereof;  and  if  this  price  is 

11219  not  bid  the  sales  shall  be  stopped;  nor  shall  any  such  lands  be 

11220  disposed  of,  either  at  public  or  private  sales,  for  a  sum  less  than 

11221  five  dollars  per  acre,  for  and  during  the  term  of  two  years  from 

11222  the  commencement  of  the  sale.     Should  any  portion  of  said 

11223  lauds  remain  unsold  at  the  expiration  of  this  time,  the  minimum 

11224  price  shall  be  diminished  to  two  dollars  and  fifty  cents  per  acre, 

11225  at  which  price  they  shall  be  subject  to  entry  until  the  whole 

11226  quantity  is  sold  :  Provided,  That  if  any  part  of  said  lands  remain 

11227  unsold  at  the  expiration  of  five  years  from  the  date  of  the  rati- 

11228  fication  of  this  treaty,  such  lauds  shall  fall  under  the  provision 

11229  of  third  article  of  this  treaty. 

11230  ARTICLE  2.  To  provide  against  the  contingency  of  any  of 

11231  said  lands  remaining  unsold,  and  to  remove  any  objections  to 

11232  emigrating,  on  the  part  of  the  Indians,  based  on  such  remainder, 

11233  it  is  hereby  agreed  that  every  such  section,  fractional  section, 

11234  or  other  unsold  remainder,  shall,  at  the  expiration  of  five  years 

11235  from  the  ratification  of  this  treaty,  be  sold  for  such  sum  as  it 

11236  will  command :  Provided,  That  no  such  sale  shall  be  made  for 

11237  less  than  seventy-five  cents  per  acre. 

11238  ARTICLE  3.  This  treaty  shall  be  binding  from  the  date  of 

11239  its  constitutional  ratification ;  but  its  validity  shall  not  be  affected 

11240  by  any  modification  or  non-concurrence  of  the  President  and 

11241  Senate  in  the  third  and  fourth  articels  thereof. 

11242  Proclaimed  July  2,  1838. 


253 


11243  CHIPPEWAS  OF  SAULT  STE.  MARIE. 

11244  FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 

11245  to  all  and  singular  to  whom  these  presents  shall  come, 
1124(1  greeting : 

11247  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

11248  Detroit,  in  the  State  of  Michigan,  the  second  day  of  August, 

11249  eighteen  hundred  and  fifty-five,  by  George  W.  Mauypeuny  and 

11250  Henry  0.  Gilbert,  commissioners  on  the  part  of  the  United 

11251  States,  and  the  Chippewa  Indians  of  Sault  Ste.  Marie,  which 

11252  treaty  is  in  the  words  and  figures  following,  to  wit: 

1125:5  Articles  of  agreement  made  and  concluded  at  the  city  of  l)e- 

11254  troit,  in  the  State  of  Michigan,  the  second  day  of  August, 

11255  1855,  between  George  W.  Manypenny  and  Henry  C.  Gil- 
11250  bert,  commissioners  on  the  part  of  the  United  States,  and 

11257  the  Chippewa  Indians  of  Sault  Ste.  Marie. 

11258  ARTICLE  1.  The  said  Chippewa  Indians  surrender  to  the 
11250  United  States  the  right  of  fishing  at  the  falls  of  St.  Mary's,  and 
11260  of  encampment,  convenient  to  the  fishing-ground,  secured  to 
11201  them  by  the  treaty  of  June  16,  1820. 

11262  ARTICLE  2.  The  United  States  will  appoint  a  commissioner 

11263  who  shall,  within,  six  mouths  after  the  ratification  of  this  treaty, 

11264  personally  visit  and  examine  the  said  fishery  and  place  of  en- 

11265  campment,  and  determine  the  value  of  the  interest  of  the  In- 

11266  diaus  therein  as  the  same  originally  existed.     His  award  shall 

11267  be  reported  to  the  President,  and  shall  be  final  and  conclusive. 

11268  and  the  amount  awarded  shall  be  paid  to  said  Indians,  as  anuu- 
11260  ities  are  paid,  and  shall  be  received  by  them  in  full  satisfaction 

11270  for  the  right  hereby  surrendered :  Provided,  That  one-third  of 

11271  said  award  shall,  if  the  Indians  desire  it,  be  paid  to  such  of 

11272  their  half-breed  relations  as  they  may  indicate. 

11273  ARTICLE  3.    The  United    States   also   give  to  the  chief, 

11274  O-shaw-waw-no,  for  his  own  use,  in  fee-simple,  a  small  island  in 

11275  the  river  St.  Mary's,  adjacent  to  the  camping-ground  hereby 

11276  surrendered,  being  the  same  island  on  which  he  is  now  en- 

11277  camped,  and  said  to  contain  less  than  half  an  acre:  Provided, 

11278  That  the  same  has  not  been  heretofore  otherwise  appropriated 
11270  or  disposed  of;    and  in  such  case,  this  grant  is  to  be  void,  and 

11280  no  compensation  is  to  be  claimed  by  said  chief  or  any  of  the 

11281  Indians,  parties  hereto,  in  lieu  thereof. 

11282  ARTICLE  4.  This  agreement  shall  be  obligatory  and  bind- 

11283  ing  on  the  contracting  parties  as  soon  as  the  same  shall  be  rati- 

11284  fied  by  the  President  and  Senate  of  the  United  States. 

11285  Proclaimed  April  24,  1856. 


254 

11286  CHIPPEWAS,  RED  LAKE,  AND  PEMBINA  BANDS. 

11287  Treaty  between  the  United  States  and  the  Red  Lake  and  Pembina 

11288  bands  of  Chippeicci  Indians,  concluded  in  Minnesota  October 
11280  2,1863$  ratified  by  the  Senate,  with  amendments,  March  1, 

11290  1864;  amendments  assented  to  April  12,  1864. 

11291  By  the  President  of  the  United  States  of  America  : 

11292  A  PROCLAMATION. 

11293  To  all  and  singular  to  whom  these  presents  shall  come,  greeting : 

1 1294  Whereas  a  treaty  was  made  and  concluded  at  the  Old  Cross- 

11295  ing  of  Red  Lake  River,  in  the  State  of  Minnesota,  on  the  second 

11296  day  of  October,  in  the  year  of  our  Lord  one  thousand  eight  hun- 

11297  dred  and  sixty-three,  by  and  between  Alexander  Ramsey  and 

11298  Ashley  C.  Merrill,  commissioners  on   the  part  of  the  United 

11299  States,  and  the  hereinafter-named  chiefs,  head-men,  and  warriors 

11300  of  the  lied  Lake  and  Penibiua  bands  of  Chippewa  Indians,  on 

11301  the  part  of  said  bands,  and  duly  authorized  thereto  by  them, 

11302  which  treaty  is  in  the  words  and  figures  following,  to  wit : 

11303  Articles  of  a  treaty  made  and  concluded  at  the  Old  Crossing  of 

11304  Red  Lake  River,  in  the  State  of  Minnesota,  on  the  second 

11305  day  of  October,  in  the  year  eighteen  hundred  and  sixty- 

11306  three,  between  the  United  States  of  America,  by  their  com- 

11307  missioners,  Alexander  Ramsey  and  Ashley  0.  Merrill,  agent 

11308  for  the  Chippewa  Indians,  and  the  Red  Lake  and  Pembina 

11309  bands  of  Chippewas,  by  their  chiefs,  head-men,  and  war- 

11310  riors. 

11311  ARTICLE  1.  The  peace  and  friendship  now  existing  between 

11312  the  United  States  and  the  Red  Lake  and  Pembina  bands  of 

11313  Chippewa  Indians  shall  be  perpetual. 

11314  ARTICLE  2.  The  said  Red  Lake  and  Pembina  bands  of 

11315  Chippewa  Indians  do  hereby  cede,  sell,  and  convey  to  the  United 

11316  States  all  their  right,  title,  and  interest  in  and  to  all  the  lands 

11317  now  owned  and  claimed  by  them  in  the  State  of  Minnesota  and 

11318  in  the  Territory  of  Dakota  within  the  following  described  bound- 

11319  aries,  to  wit:  Beginning  at  the  point  where  the  international 

11320  boundary  between  the  United  States  and  the  British  possessions 

11321  intersects  the  shore  of  the  Lake  of  the  Woods ;  thence  in  a  direct 

11322  line  southwestwardly  to  the  head  of  Thief  River;  thence  down 

11323  the  main  channel  of  said  Thief  River  to  its  mouth  on  the  Red 

11324  Lake  River ;  thence  in  a  southeasterly  direction,  in  a   direct 

11325  line  toward  the  head  of  Wild  Rice  River,  to  the  point  where 

11326  such  line  would  intersect  the  northwestern  boundary  of  a  tract 


255 

11327  ceded  to  the  United  States  by  a  treaty  concluded  at  AVashing- 

11328  ton  on  the  22d  day  of  February,  in  the  year  eighteen  hundred 

11329  and  fifty-live,  with  the  Mississippi,  Pillager,  and  Lake  AViiine- 

11330  bigoshish  bands  of  Chippewa  Indians ;  thence  along  the  said 

11331  boundary-line  of  the  said  cession  to  the  month  of  AVild  Rice 

11332  River ;  thence  up  the  main  channel  of  the  Red  River  to  the 

11333  month  of  the  Shayenne ;  thence  up  the  main  channel  of  the 
11331  Shayenne  River  to  Poplar  Grove;  thence  in  a  direct  line  to  the 

11335  Place  of  Stumps,  otherwise  called  Lake  Chicot ';  thence  in  a 

11336  direct  line  to  the  head  of  the  main  branch  of  Salt  River  ;  thence 

11337  in  a  direct  line  due  north  to  the  point  where  such  line  would  in 

11338  tersect  the  international  boundary  aforesaid  ;  thence  eastward-iy 
11331)  along  said  boundary  to  the  place  of  beginning. 

11340  ARTICLE  3.  In  consideration  of  the  foregoing  cession,  the 

11311  United  States  agree  to  pay  to  the  said  Red  Lake  and  Pembina 

11312  bands  of  Chippewa  Indians  the  following  sums,  to  wit:  Twenty 

11313  thousand  dollars  per  annum  for  twenty  years,  the  said  sum  to 
11311  be  distributed  among  the  Chippewa  Indians  of  the  said  bands  in 
11315  equal  amounts  per  capita,  and  for  this  purpose  an  accurate  enu- 
11340  meration  and  enrollment  of  the  members  of  the  respective  bands 

11317  and  families  shall  be  made  by  the  officers  of  the  United  States : 

11318  Provided,  That  so  much  of  this  sum  as  the  President  of  the 

11319  United  States  shall  direct,  not  exceeding  five  thousand  dollars 

11350  per  year,  may  be  reserved  from  the  above  sum  and  applied   to 

11351  agriculture,  education,  the  purchase  of  goods,  powder,  lead,  &c., 

11352  for  their  use,  and  to  such  other  beneficial  purposes  calculated  to 

11353  promote  the  prosperity  and  happiness  of  the  said  Chippewa  Iii- 
11351  diaus,  as  he  may  prescribe. 

11355  ARTICLE  4.  And  in  further  consideration  of  the  foregoing 

11356  cession,  and  of  their  promise  to  abstain  from  such  acts  in  future, 

11357  the  United  States  agree  that  the  said  Red  Lake  and  Peinbiua 

11358  bands  of  Chippewa  Indians  shall  not  be  held  liable  to  punis  h 

1 1359  meut  for  past  offences.     And  in  order  to  make  compensation  to 

11360  the  injured  parties  for  the  depredations  committed  by  the  said 

11361  Indians  on  the  goods  of  certain  British  and  American  traders  at 

11362  the  mouth  of  Red  Lake  River,  and  for  exactions  forcibly  levied 

11363  by  them  on  the  proprietors  of  the  steamboat  plying  on  the  Red 

11364  River,  and  to  enable  them  to  pay  their  just  debts,  the  United 

11365  States  agree  to  appropriate  the  sum  of  one  hundred  thousand 

11366  dollars,  it  being  understood  and  agreed  that  the  claims  of  indi- 

11367  viduals  for  damages  or  debt  under  this  article  shall  be  ascer- 

11368  tained  and  audited,  in  consultation  with  the  chiefs  of  said  bands? 

11369  by  a  commissioner  or  commissioners  appointed  by  the  President 

11370  of  the  United  States ;  furthermore,  the  sum  of  two  thousand 

11371  dollars  shall  be  expended  for  powder,  lead,  twine,  or  such  other 

11372  beneficial  purposes  as  the  chiefs  may  request,  to  be  equitably 


256 

11373  distributed  among  the  said  bauds  at  tbe  first  payment :  Provided, 

11374  That  no  part  of  the  sum  of  one  hundred  thousand  dollars  shall 

11375  be  appropriated  or  paid  to  make  compensation  for  damages  or 

11376  for  the  payment  of  any  debts  owing  from  said  Indians  until  the 

11377  said  commissioner  or  commissioners  shall  report  each  case,  with 

11378  the  proofs  thereof,  to  the  Secretary  of  the  Interior,  to  be  sub- 

11379  mitted  to  Congress,  with  his  opinion  thereon,  for  its  action  ?  and 

11380  that  after  such  damages  and  debts  shall  have  been  paid,  the  res- 

11381  idue  of  said  sum  shall  be  added  to  the  annuity  funds  of  said  In- 

11382  diaus,  to  be  divided  equally  upon  said  annuities. 

11383  ARTICLE  4.  To  encourage  and  aid  the  chiefs  of  said  bands 

11384  in  preserving  order  and  inducing,  by  their  example  and  advice, 

11385  the  members  of  their  respective  bauds  to  adopt  the  habits  and 
1138G  pursuits  of  civilized  life,  there  shall  be  paid  to  each  of  the  said 

11387  chiefs  annually,  out  of  the  annuities  of  the  said  bands,  a  sum 

11388  not  exceeding  one  hundred  and  fifty  dollars,  to  be  determined 
11380  by  their  agents  according  to  their  respective  merits.     And  for 

11300  the  better  promotion  of  the  above  objects,  a  further  sum  of  live 

11301  hundred  dollars  shall  be  paid  at  the  first  payment  to  each  of  the 
1130U  said  chiefs,  to  enable  him  to  build  for  himself  a  house.     Also, 

11303  the  sum  of  five  thousand  dollars  shall  be  appropriated  by  the 

11304  United  States  for  cutting  out  a  road  from  Leech  Lake  to  lied 

11305  Lake. 

11306  ARTICLE  5.  The  President  shall  appoint  a  board  of  visitors, 

11307  to  consist  of  not  less  than  two  nor  more  than  three  persons,  to 

11308  be  selected  from  such  Christian  denominations  as  he  may  desig- 
11300  nate,  whose  duty  it  shall  be  to  attend  at  all  annuity  payments 

11400  of  the  said  Chippewa  Indians,  to  inspect  their  fields  and  other 

11401  improvements,  and  to  report  annually  thereon  on  or  before  the 

11402  first  day  of  November,  and  also  as  to  the  qualifications  and  moral 

11403  deportment  of  all  persons  residing  upon  the  reservation  under 

11404  the  authority  of  law  5  and  they  shall  receive  for  their  services 

11405  five  dollars  a  day  for  the  time  actually  employed,  and  ten  cents 

11406  per  mile  for  travelling  expenses:  Provided,  That  no  one  shall  be 

11407  paid  in  any  one  year  for  more  than  twenty  days'  service  or  for 

11408  more  than  three  hundred  miles'  travel. 

11400  ARTICLE '0.  The  laws  of  the  United  States  now  in  force,  or 

11410  that  may  hereafter  be  enacted,  prohibiting  the  introduction  and 

11411  sale  of  spirituous  liquors  in  the  Indian  country,  shall  be  in  full 

11412  force  and  effect   throughout  the  country  hereby  ceded,  until 

11413  otherwise  directed  by  Congress  or  the  President  of  the  United 

11414  States. 

11415  ARTICLE  7.  In  further  consideration  of  the  foregoing  ces- 

11416  sion,  it  is  hereby  agreed  that  the  United  States  shall  grant  to 

11417  each  male,  adult  half-breed,  or  mixed-blood  who  is  related  by 

11418  blood  to  the  said  Chippewas  of  the  said  lied  Lake  or  Pembina 


257 

11410  bands  AV!IO  has  adopted  tlie  habits  and  customs  of  civilized  life, 

11420  and  who  is  a  citizen  of  the  United  States,  a  homestead  of  one 

11421  hundred  and  sixty  acres  of  land,  to  be  selected  at  his  option, 

11422  within  the  limits  of  the  tract  of  country  hereby  ceded  to  the 

11423  United  States,  on  any  land  not  previously  occupied  by  actual 

11424  settlers  or  covered  by  prior  grants,  the  boundaries  thereof  to  be 

11425  adjusted  in  conformity  with  the  lines  of  the  official  surveys  when 

11426  the  same  shall  be  made,  and  with  the  laws  and  regulations  of 

11427  the  United  States  affecting  the  location  and  entry  of  the  same: 

11428  Provided,  That  no  scrip  shall  be  issued  under  the  provisions  of 

11429  this  article,  and  no  assignments  shall  be  made  of  any  right,  title, 

11430  or  interest  at  law  or  in  equity  until  a  patent  shall  issue,  and  no 

11431  patent  shall  be  issued  until  due  proof  of  five  years'  actual  resi- 

11432  deuce  and  cultivation,  as  required  by  the  act  entitled  "An  act 

11433  to  secure  homesteads  on  the  public  domain." 

11434  ARTICLE  8.  Upon  the  urgent  request  of  the  Indians,  parties 

11435  to  this  treaty,  there  shall  be  set  apart  from  the  tract  hereby 
1143G  ceded  a  reservation  of  (640)  six  hundred  and  forty  acres  near  the 

11437  mouth  of  Thief  Eiver  for  the  chief  "Moose  Dung,"  and  a  like 

11438  reservation  of  (640)  six  hundred  and  forty  acres  for  the  chief 

11439  "Keel  Bear,"  on  the  north  side  of  Pembina  River. 

11440  Proclaimed  May  5,  1864. 

11441  ^Supplementary  articles  to  the  treaty  between  the  United  tStates  and 

11442  the  lied  Lake  and  Pembina  bands  of  Chippewa  Indians,  con- 

11443  eluded  at  Washington  April  12,  1864  ;  ratified  by  the  Senate 

11444  April  21,  1864. 

11445  By  the  President  of  the  United  State*  of  America. 

11446  A  PROCLAMATION. 

11447  To  all  and  singular  to  whom  these  presents  shall  come,  greeting: 

11448  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

11449  Washington,  in  the  District  of  Columbia,  on  the  12th  day  of 

11450  April,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 

11451  sixty-four,  by  and  between  Clark  W.  Thompson  and  Ashley  C. 

11452  Morrill,  commissioners  on  the  part  of  the  United  States,  and 

11453  the  hereinafter-named  chiefs,  head-men,  and  warriors  of  the 

11454  Eed  Lake  and  Pernbiua  bands  of  Chippewa  Indians,  on  behalf 

11455  of  and  duly  authorized  thereto  by  said  bands,  which  treaty  is  in 

11456  the  words  and  figures  following,  to  wit : 

11457  Articles  supplementary  to  the  treaty  made  and  concluded  at  the 

11458  Old  Crossing  of  Eed  Lake  Eiver,  in.  the  State  of  Minnesota, 

11459  on  the  second  day  of  October,  in  the  year  eighteen  hundred 

11460  and  sixty-three,  between  the  United  States  of  America,  by 

33  I  T 


258 

11401  their  commissioners,  Clark  W.  Thompson  and  Ashley  C. 

11462  Morrill,  and  the  Eed  Lake  and  Pembina  bands  of  Chippewa 

11463  Indians,  by  their  chiefs,  head-men,  and  warriors,  concluded 

11464  at  the  city  of  Washington.  District  of  Columbia,  on  the 

11465  twelfth  day  of  April,  in  the  year  eighteen  hundred   and 

11466  sixty-four,  between  the  United  States,  by  the  said  commis- 

11467  sioners,  of  the  one  part,  and  the  said  bands  of  the  Chippe- 

11468  wa  Indians,  by  their  chiefs,  head-men,  and  warriors,  of  the 

11469  other  part. 

11470  ARTICLE  1.  The  said  Eed  Lake  and  Pembina   bauds  of 

11471  Chippewa  Indians  do  hereby  agree  and  assent  to  the  provisions 

11472  of  the  said  treaty,  concluded  at  the  Old  Crossing  of  Red  Lake 

11473  River,  as  amended  by  the  Senate  of  the  United  States,  by  reso- 

11474  lutiou  bearing  date  the  first  day  of  March,  in  the  year  eighteen 

11475  hundred  and  sixty-four. 

11476  ARTICLE  2.  In  consideration  of  the  cession  made  by  said 

11477  treaty,  concluded  at  the  Old  Crossing  of  Red  Lake  River,  and 

11478  in  lieu  of  the  annuity  payment  provided  for  by  the  third  article 

11479  of  said  last-mentioned  treaty,  the  United  States  will  pay  annu- 

11480  ally,  during  the  pleasure  of  the  President  of  the  United  States, 

11481  to  the  Red  Lake  band  of  Chippewas  the  sum  of  ten  thousand 

11482  dollars,  and  to  the  Pembina  band  of  Chippewas  the  sum  of  five 

11483  thousand  dollars,  which  said  sums  shall  be  distributed  to  the 

11484  members  of  said  bands,  respectively,  in  equal  amounts  per  cap. 

11485  ita,  for  which  purpose  an  accurate  enumeration  and  enrollment 

11486  of  the  members  of  the  respective  bands  shall  be  made  by  the 

11487  officers  of  the  United  States. 

11488  ARTICLE  3.  The  United  States  will  also  expend  annually,  for 

11489  the  period  of  fifteen  years,  for  the  Red  Lake  baud  of  Chippewas, 

11490  for  the  purpose  of  supplying  them  with  gilling-twiue,  cotton 

11491  mater,  calico,  linsey,  blankets,  sheeting,  flannels,  provisions, 

11492  fanning- tools,  and  for  such  other  useful  articles  and  for  such 

11493  other  useful  purposes  as  may  be  deemed  for  their  best  interests, 

11494  the  sum  of  eight  thousand  dollars;  and  will  expend  in  like 

11495  manner,  and  for  a  like  period,  and  for  like  purposes,  for  the 

11496  Pembina  band  of  Chippewas,  the  sum  of  four  thousand  dollars. 

11497  ARTICLE  4.  The  United  States  also  agree  to  furnish  said 

11498  bauds  of  Indians,  for  the  period  of  fifteen  years,  one  blacksmith, 

11499  one  physician,  one  miller,  and  one  farmer;  and  will  also  furnish 

11500  them  annually,  during  the  same  period,  with  fifteen  hundred 

11501  dollars'  worth  of  iron,  steel,  and  other  articles  for  blacksmithing 

11502  purposes,  and  one  thousand  dollars  for  carpentering  and  other 

11503  purposes. 

11504  ARTICLE  5.  The  United  States  also  agree  to  furnish  for  said 

11505  Indians,  at  some  suitable  point,  to  be  determined  by  the  Secre- 

11506  tary  of  the  Interior,  a  saw-mill,  with  a  run  of  millstones  attached. 


259 

11507  ARTICLE  0.  It  is  further  agreed,  by  and  between  the  par- 

11508  ties  hereto,  that  article  four  of  the  said  treaty,  concluded  at  the 

11509  Old  Crossing  of  Red  Lake  Elver,  and  the  amendment  to  said 

11510  article,  shall  be  modified  as  follows :  that  is  to  say,  twenty-five 

11511  thousand  dollars  of  the  amount  thereby  stipulated  shall  be  paid 

11512  to  the  chiefs  of  said  bands,  through  their  agent,  upon  the  ratifi- 

11513  cation  of  these  articles,  or  so  soon  thereafter  as  practicable,  to 
11511  enable  them  to  purchase  provisions  and  clothing,  presents  to  be 

11515  distributed  to  their  people  upon  their  return  to  their  homes ;  of 

11516  which  amount  five  thousand  dollars  shall  be  expended  for  the 

11517  benefit  of  their  chief,  May-dwa-gwa-no-nind ;  and  that  from  the 

11518  remaining  seventy-five  thousand  dollars  the  claims  of  injured 

11519  parties  for  depredations  committed  by  said  Indians  on  the  goods 

11520  of  certain  British  and  American  traders  at  the  mouth  of  Red 

11521  Lake  River,  and  for  exactions  forcibly  levied  by  them  on  the 

11522  proprietors  of  the  steamboat  plying  on  the  Red  River,  shall  have 

11523  priority  of  payment,  and  be  paid  in  full,  and  the  remainder 

11524  thereof  shall  be  paid  pro  rata  upon  the  debts  of  said  tribe  incur- 

11525  red  since  the  first  day  of  January,  in  the  year  eighteen  hundred 

11526  and  fifty-nine,  to  be  ascertained  by  their  agent  in  connection 

11527  with  the  chiefs,  in  lieu  of  the  commissioner  or  commissioners 

11528  provided  for  in  the  fourth  article  of  said  treaty  concluded  at  the 

1 1529  Old  Crossing  of  Red  Lake  River. 

11530  ARTICLE  7.  It  is  further  agreed  by  the  parties  hereto,  that, 

11531  in  lieu  of  the  lauds  provided  for  the  mixed-bloods  by  article 

11532  eight  of  said  treaty,  concluded  at  the  Old  Crossing  of  Red  Lake 

11533  River,  scrip  shall  be  issued  to  such  of  said  mixed-bloods  as  shall 

11534  so  elect,  which  shall  entitle  the  holder  to  a  like  amount  of  land, 

11535  and  may  be  located  upon  any  of  the  lands  ceded  by  said  treaty, 

11536  but  not  elsewhere,  and  shall  be  accepted  by  said  mixed-bloods 

11537  in  lieu  of  all  future  claims  for  annuities. 

11538  Proclaimed  April  25,  1864. 


11539  CHIPPEWAS,  MISSISSIPPI,  AND  PILLAGER  AND  LAKE 

11540  WINNEBAGOSHISH  BANDS. 

11541  Treaty  between  the  United  States  of  America  and  the  Chippeicas  of 
11512  the  Mississippi  and  Pillager  and  Lrike  Winnebagoshish   bands 

11543  of  Chippeiv a  Indians  in  Minnesota,  concluded  May  7,  1864; 

11544  ratification  advised,  with  an  amendment  by  the  Senate,  Febru- 

11545  ary  9,«1S65 ;  amendment  assented  to  February  14,  1865. 

11546  ABRAHAM  LINCOLN,  President  of  the  United  States  of  America, 

11547  to   all  and  singular  to   whom  these  presents  shall    come, 

11548  greeting : 

11549  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 


260 

11550  Washington,  in  the  District  of  Columbia,  on  the  seventh  day  of 

11551  May,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 

11552  sixty-four,  by  and  between  William  P.  Dole,  Commissioner  of 

11553  Indian  Affairs,  and  Clark  W.  Thompson,  superintendent  of  Indian 
11551  affairs  for  the  northern  superintendeucy,  on  the  part  of  the 

11555  United  States,  and  the  Chippewa  chief  Que-we-zance,  or  Hole- 

11556  in-the-day,  and  Mis-qua-dace,  or  Turtle,  on  the  part  of  the  Chip- 

11557  pewas  of  the  Mississippi,  and  Pillager  and  Lake  Winnebagosh- 

11558  ish  bands  of  Chippewa  Indians  in  Minnesota,  and  duly  author- 

11559  ized  thereto  by  them,  which  treaty  is  in  the  words  and  figures 

11560  following,  to  wit : 

11561  Articles  of  agreement  and  convention  made  and  concluded  at 

11562  the  city  of  Washington  this  seventh  day  of  May,  A.  D.  1861, 

11563  between  William  P.  Dole,  Commissioner  of  Indian  Affairs, 

11564  and  Clark  W.  Tho  mpson,  superintendent  of  Indian  affairs 

11565  for  the  northern  superintendeucy,  on  the  part  of  the  United 

11566  States,  and  the  Chippewa  chief  Hole-in-the-day,  and  Mis- 

11567  qua-dace,  for  and  on  behalf  of  the  Chippewas  of  the  Mis- 

11568  sissippi,  and  Pillager  and  Lake  Winnebagoshish  bands  of 
11539  Chippewa  Indians  in  Minnesota. 

11570  ARTICLE  1.  The  reservations  known  as  Gull  Lake,  Mille 

11571  Lac,  Sandy  Lake,  Babbit  Lake,  Pokagomin  Lake,  and  Eice  Lake, 

11572  as  described  in  the  second  clause  of  the  second  article  of  the 

11573  treaty  with  the  Chippewas  of  the  twenty-second  of  February, 

11574  1855,  are  hereby  ceded  to  the  United  States,  excepting  one  half 

11575  section  of  land,  including  the  mission  buildings  at  Gull  Lake, 

11576  which   is  hereby  granted  in  fee  simple  to  the  Reverend.  John 

11577  Johnson,  missionary,  and  one  section  of  laud,  to  be  located  by 

11578  the  Secretary  of  the  Interior  on  the  southeast  side  of  Gull  Lake, 

11579  and  which  is  hereby  granted  in  fee  simple  to  the  chief  Hole- 

11580  in-the-day,  and  a  section  to  chief  Mis-qua-dace,  at  Sandy  Lake, 

11581  in  like  manner,  and  one  section  to  chief  Shaw-vosh-kung,  at 

11582  Mille  Lac,  in  like  manner. 

11583  ARTICLE  2.  In  consideration  of  the  foregoing  cession,  the 

11584  United  States  agree  to  set  apart,  for  the  future  home  of  the 

11585  Chippewas  of  the  Mississippi,  all  the  lands  embraced  within  the 

11586  following-described  boundaries,  excepting  the  reservations  made 

11587  and  described  in  the  third  clause  of  the  second  article  of  the 

11588  said  treaty  of  February  22d,  1855,  for  the  Pillager  and  Lake 

11589  Winnebagoshish  bauds  j  that  is  to  say,  beginning  at  a  point  one 

11590  mile  south  of  the  most  southerly  point  of  Lea»ch  Lake,  and  run. 

11591  iiing  thence  in  an  easterly  course  to  a  point  one  mile  south  of 

11592  the  most  southerly  point  of  Goose  Lake  ;  thence  due  east  to  a 

11593  point  due  south  from  the  intersection  of  the  Pokagomin  reser- 

11594  vation  and  the  Mississippi  River  j  thence  on  the  dividing-line 

11595  between  Deer  River  and  lakes  and  Mashkordens  Biver  and  lakes, 


261 

11596  until  a  point  is  reached  north  of  the  first-named  river  and  lakes; 

11597  thence  in  a  direct  line  northwesterly  to  the  outlet  of  Two  Bouts 

11598  Lake  ;  then  in  a  southwesterly  direction  to  Turtle  Lake;  thence 

11599  southwesterly  to  the  head- water  of  Bice  Biver  ;  thence  north- 

11600  westerly  along  the  line  of  the  Bed  Lake  reservation  to  the  mouth 

11601  of  Thief  Biver;  thence  down  the  centre  of  the  main  channel  of 

11602  Bed  Lake  Biver  to  a  point  opposite  the  mouth  of  Black  River  ; 

11603  thence  southeasterly  in  a  direct  line  with  the  outlet  of  Bice  Lake 
11601  to  a  point  due  west  from  the  place  of  beginning;  thence  to  the 

11605  place  of  beginning. 

11606  ARTICLE  3.  In  consideration  of  the  foregoing  cession  to  the 

11607  United   States,   and  the  valuable  improvements   thereon,  the 

11608  United  States  further  agree,  first,  to  extend  the  present  annu- 

11609  ities  of  the  Indians,  parties  to  this  treaty,  for  ten  years  beyond  the 

11610  periods  respectively  named  in  existing  treaties ;  second,  and  to 

11611  pay  towards  the  settlement  of  the  claims  for  depredations  com- 

11612  mitted  by  said  Indians  in  1862,  the  sum  of  twenty  thousand 

11613  dollars  ;  third,  to  the  chiefs  of  the  Chippewas  of  the  Mississippi, 
11611  ten  thousand  dollars,  to  be  paid  upon  the  ratification  of  this 

11615  treaty;  and  five  thousand  dollars  to  the  chief  Hole-in-the-day 

11616  for  depredations  committed  in  burning  his  house  and  furniture 

11617  in  1862. 

11618  ARTICLE  4.  The  United  States  further  agree  to  pay  seven 

11619  thousand  five  hundred  ($7,500)  dollars  for  clearing,  stumping, 

11620  grubbing,  breaking,  and  planting  on  the  reservation  hereby  set 

11621  apart  for  the  Chippewas  of  tbe  Mississippi,  in  lots  of  not  less 

11622  than  ten  acres  each,  at  such  point  or  points  as  the  Secretary  of 

11623  the  Interior  may  select,  as  follows,  viz  :  For  the  Gull  Lake  baud, 
1162!  seventy  (70)  acres;  for  the  Mille  Lac  band,  seventy  (70)  acres; 

11625  for  the  Sandy  Lake  band,  fifty  (50)  acres  ;  for  the  Pokagomm 

11626  band,  fifty  (50)  acres;    for  the  Babbit  Lake  baud,  forty  (40) 

11627  acres ;  for  the  Bice  Lake  baud,  twenty  (20)  acres  ;  and  to  expend 

11628  five  thousand  dollars  ($5,000)  in  building  for  the  chiefs  of  said 

11629  bands  one  house  each,  under  the  direction  of  the  Secretary  of 

11630  the  Interior. 

11631  ARTICLE  5.  The  United  States  agree  to  furnish  to  said  In- 

11632  diaus,  parties  to  this  treaty,  ten  (10)  yoke  of  good  steady  work 

11633  oxen,  and  twenty  log-chains  annually  for  ten  years,  provided  the 

11634  Indians  shall  take  proper  care  of  and  make  proper  use  of  the 

11635  same ;  also  for  the   same  period,  annually,  two  hundred  (200) 

11636  grubbiug-hoes,  ten  (10)  ploughs,  ten  (10)  grindstones,  one  hun- 

11637  dred  (100)  axes,  handled,  not  to  exceed  in  weight  three  andone- 

11638  half  pounds  each,  twenty  (20)  spades,  and  other  farming  imple- 

11639  ments,  provided  it  shall  not  amount  to  more  than  fifteen  hundred 

11640  dollars  in  one  year;  also  two  carpenters,  and  two  blacksmiths, 

11641  and  four  farm-laborers,  and  one  physician. 


262 

11642  ARTICLE  G.  The  United  States  further  agree  to  pay  auuu- 

11643  ally  one  thousand  dollars  ($1,000)  towards  the  support  of  a  saw- 

11644  mill,  to  be  built  for  the  common  use  of  the  Chippewas  of  the 

11645  Mississippi  and  the  Red  Lake  and  Pembiua  bands  of  Chippewa 

11646  Indians,  so  long  as  the  President  of  the  United  States  may 

11647  deem  it  necessary  5  and  to  expend  in  building  a  road,  bridges, 

11648  &c.,  to  their  new  agency,  seven  thousand  five  hundred  dollars 

11649  ($7,500 ;)  and  to  expend  for  new  agency  buildings,  to  be  located 

11650  by  the  Secretary  of  the  Interior,  for  the  common  use  of  the  Chip- 

11651  pewas  of  the  Mississippi,  Red  Lake,  and  Pembina,  and  Pillager 

11652  and  Lake  Winuebagoshish  bauds  of  Chippewa  Indians,  twenty  - 

11653  five  thousand  dollars  ($25,000.) 

11654  ARTICLE  7.  There  shall  be  a  board  of  visitors,  to  consist  of 

11655  not  less  than  two  nor  .more  than  five  persons,  to  be  selected  from 

11656  such  Christian  denomination  or  denominations  as  the  chiefs  in 

11657  council  may  designate,  whose  duty  it  shall  be  to  be  present  at  all 

11658  annuity  payments  to   the  Indians,  whether  of  goods,  moneys, 

11659  provisions,  or  other  articles,  and  to  inspect  the  fields,  buildings, 

11660  mills,  and  other  improvements  made  or  to  be  made,  and  to  report 

11661  annually  thereon,  on  or  before  the  first  day  of  November ;  and 

11662  also  as  to  the  qualifications  and  moral  deportment  of  all  persons 

11663  residing  upon  the  reservation  under  the  sanction  of  law  or  reg- 

11664  illation,  and  they  shall  receive  for  their  services  five  dollars  per 

11665  day  for  the  time  actually  employed,  and  ten  cents  per  mile  for 

11666  travelling  expenses  :  Provided,  That  no  one  shall  be  paid  in  any 

11667  one  year  for  more  than  twenty  days'  service,  or  for  more  than 

11668  three  hundred  miles'  travel. 

11669  ARTICLE  8.  Xo  person  shall  be  recognized  as  a  chief  whose 

11670  band  numbers  less  than  fifty  persons  ;  and  to  encourage  and  aid 

11671  the  said  chiefs  in  preserving  order,  and  inducing,  by  their  ex- 

11672  ample  and  advice,  the   members  of  their  respective  bauds  to 

11673  adopt  the  pursuits  of  civilized  life,  there  shall  be  paid  to  each 

11674  of  said  chiefs  aunqalty,  out  of  the  annuities^of  said  bands,  a  sum 

11675  not  exceeding  one  hundred  and  fifty  dollars,  ($150,)  to  be  deter- 

11676  mined  by  their  agent  according  to  their  respective  merits. 

11677  ARTICLE  9.  To  improve  the  morals  and  industrial  habits  of 

11678  said  Indians,  it  is  agreed  that  no  agent,  teacher,  interpreter, 

11679  trader,  or  other  employees  shall  be  employed,  appointed,  licensed, 

11680  or  permitted  to  reside  within  the  reservations  belonging  to  the 

11681  Indians,  parties  to  this  treaty,  missionaries  excepted,  who  shall 

11682  not  have  a  family  residing  with  them  at  their  respective  places 

11683  of  employment  or  trade  within  the  agency,  whose  moral  habits 

11684  and  fitness  shall  be  reported  upon  annually  by  the  board  of 

11685  visitors ;  and  no  person  of  full  or  mixed  blood,  educated  or  par- 

11686  tially  educated,  whose  fitness,  morally  or  otherwise,  is  not  con- 

11687  ducive  to  the  welfare  of  said  Indians,  shall  receive  any  benefit 


263 

11688  from  this  or  any  former  treaties,  and  may  be  expelled  from  the 

11689  reservation. 

11690  ARTICLE  10.  All  annuities  under  this  or  former  treaties  shall 

11691  be  paid  as  the  chiefs  in  council  may  request,  with  the  approval 

11692  of  the  Secretary  of  the  Interior,   until  otherwise   altered   or 

11693  amended,  which  shall  be  done  whenever  the  board  of  visitors, 

11694  by  the  requests  of  the  chiefs,  may  recommend  it :  Provided,  That 

11695  no  change  shall  take  place  oftener  than  once  in  two  years. 

11696  ARTICLE  11.  Whenever  the  services  of  laborers  are  required 

11697  upon  the  reservation,  preference  shall  be  given  to  full  or  mixed 

11698  bloods,  if  they  shall  be  found  competent  to  perform  them. 

11699  ARTICLE  12.  It  shall  not  be  obligatory  upon  the  Indians, 

11700  parties  to  this  treaty,  to  remove  from  their  present  reservations 

11701  until  the  United  States  shall  have  first  complied  with  the  stipu- 

11702  lations  of  Articles  IV  and  YI  of  this  treaty,  when  the  United 

11703  States  shall  furnish  them  with  all  necessary  transportation  and 

11704  subsistence  to  their  new  homes  and  subsistence  for  six  months 

11705  thereafter:  Provided,  That,  owing  to  the  heretofore  good  con- 

11706  duct  of  the  Mille  Lac  Indians,  they  shall  not  be  compelled  to 

11707  remove  so  long  as  the}T  shall  not  in  any  way  interfere  with  or  in 

11708  any  manner  molest  the  persons  or  property  of  the  whites  :  Pro- 

11709  -vided,  That  those  of  the  tribe  residing  on  the  Sandy  Lake  re- 

11710  servation  shall  not  be  removed  until  the  President  shall  so 

11711  direct. 

11712  ARTICLE  13.  Female  members  of  the  family  of  any  govern 

11713  ment  einploye[e]  residing  on  the  reservation,  who  shall  teach 

11714  Indian  girls  domestic  economy,  shall  be  allowed  and  paid  a  sum 

11715  not  exceeding  ten  dollars  per  month  while  so  engaged :  Provided, 

11716  That  not  more  than  one  thousand  dollars  shall  be  so  expended 

11717  during  any  one  year,  and  that  the  President  of  the  United 

11718  States  may  suspend  or  annul  this  article  whenever  he  may  deem 

11719  it  expedient  to  do  so. 

11720  ARTICLE  14.  It  is  distinctly  understood  and  agreed  that  the 

11721  clearing  and  breaking  of  laud  for  the  Chippewas  of  the  Missis- 

11722  sippi,  as  provided  for  in  the  fourth  article  of  this  treaty,  shall 

11723  be  in  lieu  of  all  former  engagements  of  the  United  States  as  to 

11724  the  breaking  of  lands  for  those  bands,  and  that  this  treaty  is  in 

11725  lieu  of  the  treaty  made  by  the  same  tribes,  approved  March  llth, 

11726  1863. 

11727  Proclaimed  March  20,  1865. 

11728  FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 

11729  to  all  and  singular  to  whom  these  presents  shall  come, 

11730  greeting: 

11731  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

11732  Washington,  on  the  twenty-second  day  of  February,  one  thou- 


2G4 

11733  sand  eight  hundred  and  fifty-live,  between  the  United  States 

11734  and  the  Mississippi  bands  of  Chippewa  Indians,  which  treaty  is 

11735  in  the  words  following,  to  wit : 

1173C  Articles  of  agreement  and  convention  made  and  concluded  at 

11737  the  city  of  Washington,  this  twenty-second  day  of  February, 

11738  one  thousand  eight  hundred  and  fifty-five,  by  George  W. 

11739  Manypenny,  commissioner,  on  the  part  of  the  United  States, 

11740  and  the  following-named  chiefs  and  delegates,  representing 

11741  the  Mississippi  bands  of  Chippewa  Indians,  viz:  Png-o-na 

11742  ke-shick,  or  Hole-in-the-day ;  Que-we-sans-ish,  or  Bad  Boy; 

11743  Waud-e-kaw,   or    Little  \Eill;    I-awe-showe  we-ke-shig,   or 

11744  Crossing  Sky;  Petud-duuce,  or  Eat's  Liver:  Mun-o-min-e 

11745  kay-shein,  or  Eice-Maker;  Mah-yah-ge-way-we-durg,  or  the 

11746  Chorister;  Kay-gwa-daush,  or  the  Attempter;  Caw-caug-e- 

11747  we-goon,  or  Crow  Feather;   and  Show-baush-king,  or  He 

11748  that  passes  under  Everything,  and  the  following-named 

11749  chiefs  and  delegates  representing  the  Pillager  and  Lake 

11750  Winnibigoshish  bauds  of  Chippewa  Indians,  viz:  Aish-ke- 

11751  bug-e-koshe, or  Flat  Mouth;  Be-sheck-kee,  or  Buffalo;  l^ay- 
1175:2  bun-a-caush,  or  Young  Man's  Son ;  Maug-e-gaw-bow,  or  Step- 

11753  ping  Ahead;   Mi-gi-si,  or  Eagle,  and  Kaw-be-mub-bee,  or 

11754  North  Star,  they  being  thereto  duly  authorized  by  the  said 

11755  bauds  of  Indians  respectively. 

1175G  ARTICLE  1.  The  Mississippi,  Pillager,  and  Lake  Winnibi- 

11757  goshish  bands  of  Chippewa  Indians  hereby  cede,  sell,  and  con- 

11758  vey  to  the  United  States  all  their  right,  title,  and  interest  in 

11759  and  to  the  lauds  now  owned  and  claimed  by  them,  in  the  Terri- 

11760  tory  of  Minnesota,  and  included  within  the  following  bounda- 

11761  ries,  viz:  Beginning  at  a  point  where  the  east  branch  of  Snake 

11762  Eiver   crosses    the    southern  boundary-line  of   the   Chippewa 

11763  country,  east  of  the  Mississippi  Eiver,  as  established  by  tho 

11764  treaty  of  July  twenty-ninth,  one  thousand  eight  hundred  and 

11765  thirty-seven;  running  thence,  up  the  said  branch,  to  its  source; 

11766  thence,  nearly  north  in  a  straight  line,  to  the  mouth  of  East 

11767  Savannah  Eiver;  thence,  up  the  St.  Louis  Eiver,  to  the  mouth 

11768  of  East  Swan.  Eiver;  thence,  up  said  river,  to  its  source;  thence, 

11769  in  a  straight  line,  to  the  most  westwardly  bend  of  Yermillion 

11770  Eiver;  thence,  northwestwardly,  in  a  straight  line,  to  the  first 

11771  and  most  considerable  bend  in  the  Big  Fork  Eiver;  thence,  down 

11772  said  river,  to  its  mouth ;  thence,  down  Eainy  Lake  Elver,  to  the 

11773  mouth  of  Black  Eiver;    thence,  up  that  river  to  its  source; 

11774  thence,  in  a  straight  line,  to  the  northern  extremity  of  Turtle 

11775  Lake;  thence,  in  a  straight  line,  to  the  mouth  of  Wild  Eice 

11776  Eiver;  thence,  up  Eed  Eiver  of  the  North,  to  the  mouth  of 

11777  Buffalo  Eiver;  thence,  in  a  straight    line,  to  the  southwestern 

11778  extremity  of  Otter-Tail  Lake;  thence,  through  said  lake,  to  the 


265 

11779  source  of  Leaf  River;  thence,  down  said  river,  to  its  junction 

11780  with  Crow  Wing  River;  thence,  down  Crow  Wing  River,  to  its 

11781  junction  with  the  Mississippi  River;  thence  to  the  commence- 

11782  ment  on  said  river  of  the  southern  boundary-line  of  the  Chip- 

11783  pewa  country,  as  established  by  the  treaty  of  July  twenty-ninth, 

11784  one  thousand  eight  hundred  and  thirty-seven ;  and  thence,  along 

11785  said  line,  to  the  place  of  beginning.    And  the  said  Indians  do 

11786  further  fully  and  entirely  relinquish  and  convey  to  the  United 

11787  States  any  and  all  right,  title,  and  interest,  of  whatsoever  nature 

11788  the  same  may  be,  which  they  may  now  have  in  and  to  any  other 

11789  lauds  in  the  Territory  of  Minnesota  or  elsewhere. 

11790  ARTICLE  2.  There  shall  be,  and  hereby  is,  reserved  and  set 

11791  apart,  a  sufficient  quantity  of  land  for  the  permanent  homes  of 

11792  the  said  Indians ;  the  lands  so  reserved  and  set  apart  to  be  in 

11793  separate  tracts,  as  follows,  viz: 

11794  For  the  Mississippi  bands  of  Chippewa  Indians  :  The  first 

11795  to  embrace  the  following  fractional  townships,  viz  :   fort\T-two 

11796  north,  of  range  twenty-five  west;  forty-two  north,  of  range  tweu- 

11797  ty-six  west ;  and  forty-two  and  forty-three  north,  of  range  twen- 

11798  ty-seven  west;  and,  also,  the  three  islands  in  the  southern  part 

11799  of  Mille  Lac.     Second,  beginning  at  a  point  half  a  mile  east  of 

11800  Rabbit  Lake  ;  thence  south  three  miles  ;  thence  westwardly,  in 

11801  a  straight  line,  to  a  point  three  miles  south  of  the  mouth  of  Rab- 

11802  bit  River;  thence  north  to  the  mouth  of  said  river  ;  thence  up 

11803  the  Mississippi  River  to  a  point  directly  north  of  the  place  of 

11804  beginning  ;  thence  south  to  the  place  of  beginning.    Third,  be- 

11805  ginning  at  a  point  half  a  mile  southwest  from  the  most  south- 

11806  westwardly  point  of  Gull  Lake ;  thence  due  south  to  Crow  Wing 

11807  River  ;  thence  down  said  river,  to  the  Mississippi  River  ;  thence 

11808  up  said  river  to  Long  Lake  Portage  ;  thence,  in  a  straight  line, 

11809  to  the  head  of  Gull  Lake;  thence  in  a  southwestwardly  direc- 

11810  tion,  as  nearly  in  a  direct  line  as  practicable,  but  at  no  point 

11811  thereof  at  a  less  distance  than  half  a  mile  from  said  lake,  to  the 

11812  place  of  beginning.     Fourth,  the  boundaries  to  be,  as  nearly  as 

11813  practicable,  at  right  angles,  and  so  as  to  embrace  within  them 

11814  Pokagomon  Lake ;  but  nowhere  to  approach  nearer  said  lake 

11815  than  half  a  mile  therefrom.     Fifth,  beginning  at  the  mouth  <  f 

11816  Sandy  Lake  River;  thence  south,  to  a  point  on  an  east  and 

11817  wresl  line,  two  miles  south  of  the  most  southern  point  of  Sandy 

11818  Lake  ;  thence  east,  to  a  point  due  south  from  the  mouth  of  West 

11819  Savannah  River;    thence  north,  to  the  mouth  of  said  river; 

11820  thence  north  to  a  point  on  an  east  and  west  line,  one  mile  north 

11821  of  the  most  northern  point  of  Sandy  Lake ;  thence  west,  to  Lit- 

11822  tie  Rice  River ;  thence  down  said  river  to  Sandy  Lake  River; 

11823  and  thence  down  said  river  to  the  place  of  beginning.     Sixth, 

11824  to  include  all  the  islands  in  Rice  Lake,  and  also  half  a  section 

34  IT 


26G 

11825  of  laud  on  said  lake,  to  include  the  present  gardens  of  the  Iii- 

11826  dians.     Seventh,  one  section  of  land  for  Pug-o-na-ke-shick,  or 

11827  Hole-in-the-day,  to  include  his  house  and  farm  ;  and  for  which 

11828  he  shall  receive  a  patent  in  fee-simple. 

11829  For  the  Pillager  and  Lake  Winnibigoshish  bands,  to  be  in 

11830  three  tracts,  to  be  located  and  bounded  as  follows,  viz  :  First, 

11831  beginning  at  the  mouth  of  Little  Boy  River;  thence  up  said 

11832  river  to  Lake  Hassler;  thence  through  the  center  of  said  lake 

11833  to  its  western  extremity;  thence  in  a  direct  line  to  the  most 

11834  southern  point  of  Leech. Lake;  and  thence  through  said  lake,  so 

11835  as  to  include  all  the  islands  therein,  to  the  place  of  beginning. 

11836  Second,  beginning  at  the  point  where  the  Mississippi  River 

11837  leaves  Lake  Winnibigoshish;  thence  north,  to  the  head  of  the 

11838  first  river;  thence  west,  by  the  head  of  the  next  river,  to  the 

11839  head  of  the  third  river,  emptying  into  said  lake  ;  thence  down 
]  1840  the  latter  to  said  lake;  and  thence  in  a  direct  line  to  the  place  of 

11841  beginning.     Third,   beginning  at  the  mouth  of  Turtle  River; 

11842  thence  up  said  river  to  the  first  lake  ;  thence  east,  four  miles ; 

11843  thence  southwardly,  in  a  line  parallel  with   Turtle   River,  to 

11844  Cass  Lake;  and  thence,  so  as  to  include  all  the  islands  in  said 

11845  lake,  to  the  place  of  beginning;  all  of  which  said  tracts  shall 

11846  be  distinctly  designated  on  the  plats  of  the  public  surveys. 
11817  And  at  such  time  or  times  as  the  President  may  deem  it 

11848  advisable  for   the  interests   and  welfare  of  said   Indians,   or 

11849  any  of  them,  he  shall  cause  the  said  reservation,  or  such  por- 

11850  tion  or  portions  thereof  as  may  be  necessary,  to  be  surveyed ; 

11851  and  assign  to  each   head  of  a  family,  or  single  person  over 

11852  twenty-one  years  of  age,  a  reasonable  quantity  of  land,  in  one 

11853  body,  not  to  exceed  eighty  acres,  in  any  case,  for  his  or  their 

11854  separate  use;  and  he  may,  at  his  discretion,  as  the  occupants 

11855  thereof  become  capable  of  managing  their  business  and  affairs, 

11856  issue  patents  to  them  for  the  tracts  so  assigned  to  them,  respect- 

11857  ively  ;  said  tracts  to  be  exempt  from  taxation,  levy,  sale,  or  for- 

11858  feiture;  and  not  to  be  aliened  or  leased  for  a  longer  period  than 

11859  two  years,  at  one  time,  until  otherwise  provided  by  the  legisla- 

11860  ture  of  the  State  in  which  they  may  be  situate,  with  the  assent 

11861  of   Congress.    They   shall   not  be  sold,   or  alienated,   in  fee, 

11862  for  a  period  of  five  years  after  the  date  of  the  patents  ;  and  not 

11863  then  without  the  assent  of  the  President  of  the  United  States 

11864  being  first  obtained.     Prior  to  the  issue  of  the  patents,   the 

11865  President  shall  make  such  rules  and  regulations  as  he  may 

11866  deem  necessary  and  expedient  respecting  the  disposition  of  any 

11867  of  said  tracts  in  case  of  the  death  of  the  person  or  persons  to 

11868  whom  they  may  be  assigned,  so  that  the  same  shall  be  secured 

11869  to  the  families  of  such  deceased  persons ;   and  should  any  of 

11870  the  Indians  to  whom  tracts  may  be  assigned  thereafter  abandon 


267 

11871  them,  the  President  may  make  such  rules  and  regulations,  in 

11872  relation  to  such  abandoned  tracts,  as  in  his  judgment  may  be 

11873  necessary  and  proper. 

11871  ARTICLE  3.  In  consideration  of,  and  in  full  compensation 

11875  for,  the  cessions  made  by  the  said  Mississippi,  Pillager,  and  Lake 

11876  Winnibigoshish  bauds  of  Chippewa  Indians,  in  the  first  article 

11877  of  this  agreement,  the  United  States  hereby  agree  and  stipulate 

11878  to  pay,  expend,  and  make  provision  for,  the  said  bands  of  Indi- 
11870  ans,  as  follows,  viz  :  For  the  Mississippi  bands  ; 

11880  Ten  thousand   dollars  ($10,000)  in  goods,  and  other  useful 

11881  articles,  as  soon  as  practicable  after  the  ratification  of  this  in- 

11882  strument,  and  after  an  appropriation  shall  be  made  by  Congress 
11833  therefor,  to  ba  turned  over  to  tli3  delegates  and  chiefs  for  dis- 
11881  tribution  among  their  people. 

11885  Fifty  thousand  dollars  ($50,000)  to  enable  them  to  adjust 

11886  and  settle  their  present  engagements,  so  far  as  the  same,  on  an 

11887  examination  thereof,  may  be  found  and  decided  to  be  valid  and 

11888  just  by  the  chiefs,  subject  to  the  approval  of  the  Secretary 

11889  of  the  Interior ;  and  any  balance  remaining  of  said  sum  not  re- 
-11890  quired  for  the  above-mentioned  purpose  shall  be  paid  over  to 

11891  said  Indians  in  the  same  manner  as  their  annuity  money,  and  in 

11892  such  instalments  as  the  said  Secretary  may  determine :  Provided, 

11893  That  an  amount  not  exceeding  ten  thousand  dollars  ($10,000)  of 

11894  the  above  sum  shall  be  paid  to  such  full  and  mixed  bloods  as 

11895  the  chiefs  may  direct,  for  services  rendered  heretofore  to  their 

11896  bands. 

11897  Twenty  thousand  dollars  ($20,000)  per  annum,  in  money,  for 

11898  twenty  years,  provided  that  two  thousand  dollars  ($2,000)  per 

11899  annum  of  that  sum  shall  be  paid  or  expended,  as  the  chiefs 

11900  may  request,  for  purposes  of  utility  connected  with  the  improve- 

11901  meut  and  welfare  of  said  Indians,  subject  to  the  approval  of  the 

11902  Secretary  of  the  Interior. 

11903  Five  thousand   dollars  ($5,000)  for   the  construction  of  a 
11901  road  from  the  mouth  of  Hum  River  to  Mille  Lac,  to  be  expended 

11905  under  the  direction  of  the  Commissioner  of  Indian  Affairs. 

11906  A  reasonable   quantity  of  land,  to   be  determined  by  the 

11907  Commissioner  of  Indian  Affairs,  to  be  ploughed  and  prepared  for 

11908  cultivation  in  suitable  fields,  at  each  of  the  reservations  of  the 

11909  said  bands,  not  exceeding  in  the  aggregate  three  hundred  acres 

11910  for  all  the  reservations,  the  Indians  to  make  the  rails  and  inclose 

11911  the  fields  themselves. 

11912  For  the  Pillager  and  Lake  Wiunibigoshish  bands: 

11913  Ten  thousand  dollars  ($10,000)  in  goods,  and  other  useful 

11914  articles,  as  soon  as  practicable,  after  the  ratification  of  this 

11915  agreement,  and   an  appropriation   shall   be  made  by  Congress 


268 

11916  therefor ;  to  be  turned  over  to  the  chiefs  and  delegates  for  distil- 

11917  bution  among  their  people. 

11918  Forty  thousand dollars($40,000)  to  enable  them  to  adjust  and 

11919  settle  their  present  engagements,  so  far  as  the  same,  on  an  ex- 

11920  amiuation  thereof,  may  be  found  and  decided  to  be  valid  and 

11921  just  by  the  chiefs,  subject  to  the  approval  of  the  Secretary  of 

11922  the  Interior;  and  any  balance  remaining  of  said  sum,  not  re- 

11923  quired  for  tUat  purpose,  shall  be  paid  over  to  said  Indians,  in 
11921  the  same  manner  as  their  annuity  money,  and  in  such  instal- 

11925  ments  as  the  said  Secretary  may  determine  ;  provided  that  an 

11926  amount,  not,  exceeding  ten  thousand  dollars   ($10,000)  of  the 

11927  above  sum,  shall  be  paid  to  such  mixed-bloods  as  the  chiefs  may 

11928  direct,  for  services  heretofore  rendered  to  their  bands. 

11929  Ten  thousand  six  hundred  and  sixty-six  dollars  and  sixty- 

11930  six  cents  ($10,666.60)  per  annum,  in  money,  for  thirty  years. 

11931  Eight  thousand  dollars  ($8,000)  per  annum,  for  thirty  years, 

11932  in  such  goods  as  may  be  requested  by  the  chiefs,  and  as  may  be 

11933  suitable  for  the  Indians,  according  to  their  condition  and  cir^ 
11931  cumstances. 

11935  Four  thousand  dollars  ($1,000)  per  annum,  for  thirty  years, 

11936  to  be  paid  or  expended,  as  the  chiefs  may  request,  for  purposes 

11937  of  utility  connected  with  the  improvement  and  welfare  of  said 

11938  Indians  j  subject  to  the  approval  of  the  Secretary  of  the  In- 

11939  terior :  Provided,  That  an  amount  not  exceeding  two  thousand 

11940  dollars  thereof  shall,  for  a  limited  number  of  years,  be  expended 

11941  under  the  direction  of  the  Commissioner  of  Indian  Affairs,  for 

11942  provisions,  seeds,  and  such  other  articles  or  things  as  may  be 

11943  useful  in  agricultural  pursuits. 

11944  Such  sum  as  can  be  usefully  and  beneficially  applied  by  the 

11945  United  States,  annually,  for  twenty  years,  and  not  to  exceed 

11946  three  thousand  dollars  in  any  one  year,  for  purposes  of  educa- 

11947  tion ;  to  be  expended  under  the  direction  of  the  Secretary  of  the 

11948  Interior. 

11949  Three  hundred  dollars'  ($300)  worth  of  powder,  per  annum, 

11950  for  five  years. 

11951  One  hundred  dollars'  ($100)  worth  shot  and  lead,  per  an- 

11952  num,  for  five  years. 

11953  One  hundred  dollars'  ($100)  worth  of  gilling  twine,  per  an- 

11954  num,  for  five  years. 

11955  One  hundred  dollars'  ($100)  worth  of  tobacco,  per  annum, 

11956  for  five  years. 

11957  Hire  of  three  laborers  at  Leech  Lake,  of  two  at  Lake  Win- 

11958  nibigoshish,  and  of  one  at  Cass  Lake,  for  five  years. 

11959  Expense  of  two  blacksmiths,  with  the  necessary  shop,  iron, 

11960  steel,  and  tools,  for  fifteen  years. 


269 

11961  Two  hundred  dollars  ($200)  in  grubbing-hoes  aud  tools,  the 

11962  present  year. 

11963  Fifteen  thousand  dollars  ($15,000)  for  opening  a  road  from 

11964  Crow  Wing  to  Leech  Lake;  to  be  expended  under  the  direction 

11965  of  the  Commissioner  of  Indian  Affairs. 

11966  To  have  ploughed  aud  prepared  for  cultivation  two  him- 

11967  dred  acres  of  land,  in  ten  or  more  lots,  within  the  reservation  at 

11968  Leech  Lake ;  fifty  acres,  in  four  or  more  lots,  within  the  reserva- 

11969  tion  at  Lake  Winnibigoshish  j  and  twenty-five  acres,  in  two  or 

11970  more  lots,  within  the  reservation  at  Cass  Lake:  Provided,  That 

11971  the  Indians  shall  make  the  rails  and  inclose  the  lots  them- 

11972  selves. 

11973  A  saw- mill,  with  a  portable  grist  mill  attached  thereto,  to 

11974  be  established  whenever  the  same  shall  be  deemed  necessary  and 

11975  advisable  by  the  Commissioner  of  Indian  Affairs,  at  such  point 

11976  as  he  shall  think  best;  and  which,  together  with  the  expense  of 

11977  a  proper  person  to  take  charge  of  and  operate  them,  shall  be 

11978  continued  during  ten  years:  Provided,  That  the  cost  of  all  the 

11979  requisite  repairs  of  the  said  mills  shall  be  paid  by  the  Indians, 

11980  out  of  their  own  funds. 

11981  ARTICLE  4.  The  Mississippi  bands  have  expressed  a  desire 

11982  to  be  permitted  to  employ  their  own  farmers,  mechanics,  and 

11983  teachers  ;  aud  it  is  therefore  agreed  that  the  amounts  to  which 

11984  they  are  now  entitled,  under  former  treaties,  for  purposes  of 

11985  education,  for  blacksmiths  and  assistants,  shops,  tools,  iron,  and 

11986  steel,  and  for  the  employment  of  farmers  and  carpenters,  shall 

11987  be  paid  over  to  them  as  their  annuities  are  paid:  Provided, 

11988  however,  That  whenever,  in  the  opinion  of  the  Commissioner 

11989  of  Indian  Affairs,  they  fail  to  make  proper  provision  for  the 

11990  above-named  purposes,  he  may  retain  said  amounts,  and  appro- 

11991  priate  them  according  to  his  discretion,  for  their  education  and 

11992  improvement. 

11993  ARTICLE  5.  The  foregoing  annuities,  in  money  and  goods, 

11994  shall  be  paid  and  distributed  as  follows :  Those  due  the  Missis- 

11995  sippi  bands,  at  one  of  their  reservations ;  and  those  due  the  Pilla  - 

11996  ger  and  Lake  Winnibigoshish  bands,  at  Leech  Lake;  and  no 

11997  part  of  the  said  annuities  shall  ever  be  taken  or  applied  in  any 

11998  manner  to  or  for  the  payment  of  the  debts  or  obligations  of  Iii- 

11999  dians  contracted  in  their  private  dealings,  as  individuals,  whether 

12000  to  traders  or  other  persons.    And  should  any  of  said  Indians 

12001  become  intemperate  or  abandoned  and  waste  their  property,  the 

12002  President  may  withhold  any  moneys  or  goods,  due  and  payable 

12003  to  such,  and  cause  the  same  to  be  expended,  applied,  or  distri- 

12004  bated,  so  as  to  insure  the  benefit  thereof  to  their  families.    If, 

12005  at  any  time,  before  the  said  annuities  in  money  and  goods  of 

12006  either  of  the  Indian  parties  to  this  convention  shall  expire,  the 


270 

12007  interests  and  welfare  of  said  Indians  shall,  in  the  opinion  of  the 

12008  President,  require  a  different  arrangement,  he  shall  have  the 

12009  power  to  cause  the  said  annuities,  instead  of  being  paid  over  and 

12010  distributed  to  the  Indians,  to  be  expended  or  applied  to  such 

12011  purposes  or  object  as  may  be  best  calculated  to  promote  their 

12012  improvement  and  civilization. 

12013  ARTICLE  6.  The  missionaries  and  such  other  persons  as  are 
12011:  now,  by  authority  of  law,  residing  in  the  country  ceded  by  the 
12015  first  article  of  this  agreement,  shall  each  have  the  privilege  of 
1201G  entering  one  hundred  and  sixty  acres  of  the  said  ceded  lands, 

12017  at  one  dollar  and  twenty-five  cents  per  acre ;  said  entries  not  to 

12018  be  made  so  as  to  interfere,  in  any  manner,  with  the  laying  off 

12019  of  the  several  reservations  herein  provided  for. 

12020  And  such  of  the  mixed  bloods  as  are  heads  of  families,  and 

12021  now  have  actual  residences  and  improvements  in  the  ceded  coun- 

12022  try,  shall  have  granted  to  them,  in  fee,  eighty  acres  of  land,  to 

12023  include  their  respective  improvements. 

12024  ARTICLE  7.  The  laws  which  have  been  or  may  be  enacted 

12025  by  Congress,  regulating  trade  and  intercourse  with  the  Indian 

12026  tribes,  to  continue  and  be  in  force  within  the  several  reserva- 

12027  tions  provided  for  herein  5  and  those  portions  of  said  laws  which 

12028  prohibit  the  introduction,  manufacture,  use  of,  and  traffic  in, 

12029  ardent  spirits,  wines,  or  other  liquors,  in  the  Indian  country, 

12030  shall  continue  and  be  in  force,  within  the  entire  boundaries  of 

12031  the  country  herein  ceded  to  the  United  States,  until  otherwise 

12032  provided  by  Congress. 

12033  ARTICLE  8.  All  roads  and  highways,  authorized  by  law, 

12034  the  lines  of  which  shall  be.  laid  through  any  of  the  reservations 

12035  provided  for  in  this  convention,  shall  have  the  right  of  way 

12036  through  the  same  ;  the  fair  and  just  value  of  such  right  being 

12037  paid  to  the  Indians  therefor,  to  be  assessed  and  determined  ac- 

12038  cording  to  the  laws  in  force  for  the  appropriation  of  lands  for 

12039  such  purposes. 

12040  ARTICLE  9.  The  said  bands  of  Indians,  jointly  and  sever- 

12041  ally,  obligate  and  bind  themselves  not  to  commit  any  depreda- 

12042  tions  or  wrong  upon  other  Indians,  or  upon  citizens  of  the  United 

12043  States  ;  to  conduct  themselves  at  all  times  in  a  peaceable  and 

12044  orderly  manner;  to  submit  all  difficulties  between  them  and 

12045  other  Indians  to  the  President,  and  to  abide  by  his  decision  in 

12046  regard  to  the  same,  and  to  respect  and  observe  the  laws  of  the 

12047  United  States,  so  far  as  the  same  are  to  them  applicable.    And 

12048  they  also  stipulate  that  they  will  settle  down  in  the  peaceful 

12049  pursuits  of  life,  commence  the  cultivation  of  the  soil,  and  appro- 

12050  priate  their  means  to  the  erection  of  houses,  opening  farms,  the 

12051  education  of  their  children,  and  such  other  objects  of  improve- 

12052  ment  and  convenience  as  are  incident  to  well-regulated  society  ; 


271 

12053  and  that  they  will  abstain  from  the  use  of  intoxicating'  drinks 

12054  and  other  vices  to  which  they  have  been  addicted. 

12055  ARTICLE  10.  This  instrument  shall  be  obligatory  on  the 
1205G  contracting  parties  as  soon  as  the  same  shall  be  ratified  by  the 

12057  President  and  the  Senate  of  the  United  States. 

12058  Proclaimed  7th  April,  1855. 


12059 


CHIPPEWAS  OF  THE  MISSISSIPPI. 


12060  Treaty  between  the   United  States  of  America  and  the  Chippewa 

12061  Indians  of  the  Mississippi,  concluded  March  19,  1867;  ratifi- 

12062  cation  advised,  with  amendment,  April  8,  1867;    amendment 

12063  accepted  April  8, 1867. 

•12064  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

12065  to  all  and  singular  to  whom  these    presents  shall  come, 

12066  greeting : 

12067  Whereas  a  treaty  was  made  and  concluded   at  the  city  of 

12068  Washington,  in  the  District  of  Columbia,  on  the  nineteenth  day 

12069  of  March,  in  the  year  of  our  Lord  one  thousand  eight  hundred 

12070  and  sixty-seven,  by  and  between  Lewis  Y.  Bogy,  William  H. 

12071  Watson,  and  Joel  B.  Bassett,  commissioners  on  the  part  of  the 

12072  United  States,  and  Que-we  zauce,  or  Hole-in- tlie-Day,  Qui-we- 

12073  shen-shish,  and  other  chiefs  and  head-men  of  the  Chippewa  In- 

12074  dians  of  the  Mississippi,  on  the  part  of  said  Indians,  and  duly 

12075  authorized  thereto  by  them,  which  treaty  is  in  the  words  and 

12076  figures  following,  to  wit : 

12077  Articles  of  agreement  made  and  concluded  at  Washington,  13. 

12078  C.,  this  19th  day  of  March,  A.  D.  1867,  between  the  United 

12079  States,  represented  by  Lewis  Y.  Bogy,  special  commissioner 

12080  thereto  appointed,  William  H.  Watson,  and  Joel  B.  Bassett, 

12081  United  States  agent,  and  the  Chippewas  of  the  Mississippi, 

12082  represented  by  Que-we  zauce,  or  Hole-in-the-Day,  Qui-we- 

12083  shen-shish,    Wau-bon-a-quot,    Min-e-do-wob,    Mijaw-ke-ke- 

12084  shik,  Shob-osk-kuuk,  Ka-gway-dosh,  Me-no-ke-shick,  Way- 

12085  namee,  and  O-gub-ay-gwan-ay-aush. 

12086  Whereas  by  a  certain  treaty  ratified  March  20, 1865,  between 

12087  the  parties  aforesaid,  A  certain  tract  of  land  was,  by  the  second 

12088  article  thereof,  reserved  and  set  apart  for  a  home  for  the  said 

12089  bands  of  Indians,  and  by  other  articles  thereof  provisions  were 

12090  made  for  certain  moneys  to  be  expended  for  agricultural  im- 

12091  provements  for  the  benefit  of  said  bands ;  and  whereas  it  has 

12092  been  found  that  the  said  reservation  is  not  adapted  for  agricul- 

12093  tural  purposes  for  the  use  of  such  of  the  Indians  as  desire  to  devote 


272 

12094  themselves  to  such  pursuits,  while  a  portion  of  the  bauds  de- 

12095  sire  to  remain  and  occupy  a  part  of  the  aforementioned  reserva- 

12096  tion,  and  to  sell  the  remainder  thereof  to  the  United  States : 

12097  Now,  therefore,  it  is  agreed — 

12098  ARTICLE  1.  The  Chippewas  of  the  Mississippi  hereby  cede 

12099  to  the  United  States  all  their  lands  in  the  State  of  Minnesota,  se- 

12100  cured  to  them  by  the  second  article  of  their  treaty  of  March  20, 

12101  1865,  excepting  and  reserving  therefrom  the  tract  bounded  and 

12102  described  as  follows,  to  wit :  Commencing  at  a  point  on  the  Mis- 

12103  sissippi  Eiver,  opposite  the  mouth  of  Wanoman  River,  as  laid 

12104  down  on  SewalFs  map  of  Minnesota ;  thence  due  north  to  a  point 

12105  two  miles  further  north  than  the  most  northerly  point  of  Lake 

12106  Winnebagoshish ;  thence  due  west  to  a  point  two  miles  west  of 

12107  the  most  westerly  point  of  Cass  Lake ;  thence  south  to  Kabekona 

12108  .River  j  thence  down  said  river  to  Leech  Lake  ;  thence  along  the 

12109  north  shore  of  Leech  Lake  to  its  outlet  in  Leech  Lake  Eiver; 

12110  thence  down  the  main  channel  of  said  river  to  its  junction  with  the 

12111  Mississippi  Eiver,  and  thence  down  the  Mississippi  to  the  place 

12112  of  beginning. 

12113  And  there  is  further  reserved  for  the  said  Chippewas  out  of 

12114  the  land  now  owned  by  them  such  portion  of  their  western  outlet 

12115  as  may  upon  location  and  survey  be  found  within  the  reservation 

12116  provided  for  in  the  next  succeeding  section. 

12117  ARTICLE  2.  In  order  to  provide  a  suitable  farming  region 

12118  for  the  said  bands,  there  is  hereby  set  apart  for  their  use  a  tract 

12119  of  land,  to  be  located  in  a  square  form  as  nearly  as  possible,  with 

12120  lines  corresponding  to  the  Government  surveys  ;  which  reserva- 

12121  tion  shall  include  White  Earth  Lake  and  Eice  Lake,  and  contain 

12122  thirty-six  townships  of  land ;  and  such  portions  of  the  tract 

12123  herein  provided  for  as  shall  be  found  upon  actual  survey  to  lie 

12124  outside  of  the  reservation  set  apart  for  the  Chippewas  of  the 

12125  Mississippi  by  the  second  article  of  the  treaty  of  March  20, 1865, 

12126  shall  be  received  by  them  in  part  consideration  for  the  cession 

12127  of  lands  made  by  this  agreement, 

12128  ARTICLE  3.  In  further  consideration  for  the  lands  herein 

12129  ceded,   estimated  to  contain  about  two  million  of  acres,  the 

12130  United  States  agree  to  pay  the  following  sums,  to  wit :  Five 

12131  thousand  dollars  for  the  erection  of  school  buildings  upon  the 

12132  reservation  provided  for  in  the  second  article ;  four  thousand 

12133  dollars  each  year  for  ten  years,  and  as  long  as  the  President 

12134  may  deem  necessary  after  the  ratification  of  this  treaty,  for  the 

12135  support  of  a  school  or  schools  upon  said  reservation  ;  ten  thou- 
.  12136  sand  dollars  for  the  erection  of  a  saw-mill,  with  grist-mill  at- 

12137  tached,  on  said  reservation  j  five  thousand  dollars  to  be  expended 

12138  in  assisting  in  the  erection  of  houses  for  such  of  the  Indians  as 

12139  shall  remove  to  said  reservation. 


273 

12140  Five  thousand  dollars  to  be  expended,  \dth  the  advice  of 

12141  the  chiefs,  in  the  purchase  of  cattle,  horses,  and  farming  uteu- 

12142  sils,  and  in  making  such  improvements  as  are  necessary  for  open- 

12143  ing  farms  upon  said  reservation. 

12144  Six  thousand  dollars  each  year  for  ten  years,  and  as  long 

12145  thereafter  as  the  President  may  deem  proper,  to  be  expended  in 

12146  promoting  the  progress  of  the  people  in  agriculture,  and  assist- 

12147  ing  them  to  become  self-sustaining  by  giving  aid  to  those  who 

12148  will  labor. 

12149  Twelve  hundred  dollars  each  year  for  ten  years  for  the  sup- 

12150  port  of  a  physician,  and  three  hundred  each  year  for  ten  years 

12151  for  necessary  medicines. 

12152  Ten  thousand  dollars  to  pay  for  pro  visions,  clothing,  or  such 

12153  other  articles  as  the  President  may  determine,  to  be  paid  to 

12154  them  immediately  on  their  removal  to  their  new  reservation. 

12155  ARTICLE  4.  No  part  of  the  annuities  provided  for  in  this  or 

12156  any  former  treaty  with  the  Chippewas  of  the  Mississippi  bands 

12157  shall  be  paid  to  any  half-breed,  or  mixed-blood,  except  those 

12158  who  actually  live  with  their  people,  upon  one  of  the  reserva- 

12159  tions  belonging  to  the  Chippewa  Indians. 

12160  ARTICLE  5.  It  is  further  agreed  that  the  annuity  of  $1,000 

12161  a  year  which  shall  hereafter  become  due  under  the  provisions  of 

12162  the  third  article  of  the  treaty  with  the  Chippewas  of  the  Mis- 

12163  sissippi  bands,  of  August  2,  1847,  shall  be  paid  to  the  chief, 

12164  Hole-in-the-Day,  and  to  his  heirs  j  and  there  shall  be  set  apart, 

12165  by  selections  to  be  made  in  their  behalf  and  reported  to  the  In- 

12166  terior  Department  by  the  agent,  one  half  section  of  land  each, 

12167  upon  the  Gulf  Lake  reservation,  for  Min-a-ge  shig  and  Truman 

12168  A.  Warren,  who  shall  be  entitled  to  patents  for  the  same  upon 

12169  such  selections  being  reported  to  the  Department. 

12170  ARTICLE  6.  Upon  the  ratification  of  this  treaty,  the  Secre- 

12171  tary  of  the  Interior  shall  designate  one  or  more  persons  who 

12172  shall,  in  connection  with  the  agent  for  the  Chippewas  in  Minue- 

12173  sota,  and  such  of  their  chiefs,  parties  to  this  agreement,  as  he 

12174  may  deem  sufficient,  proceed  to  locate,  as  near  as  may  be,  the 

12175  reservation  set  apart  by  the  second  article  hereof,  and  designate 

12176  the  places  where  improvements  shall  be  made  j  and  such  portion 

12177  of  the  improvements  provided  for  in  the  fourth  article  of  the 

12178  Chippewa  treaty  of   May  7,  1864,  as  the  agent  may  deem  neces- 

12179  sary  and  proper,  with  the  approval  of  the  Commissioner  of  In- 

12180  dian  Affairs,  may  be  made  upon  the  new  reservation,  and  the 

12181  United  States  will  pay  the  expenses  of  negotiating  this  treaty, 

12182  not  to  exceed  ten  thousand  dollars. 

12183  ARTICLE  7.  As  soon  as  the  location  of  the  reservation  set 

12184  apart  by  the  second  article  hereof  shall  have  been  approxi- 

12185  mately  ascertained,  and  reported  to  the  office  of  Indian  Affairs, 

35  IT 


274 

12186  the  Secretary  of  the  Interior  shall  cause  the  same  to  be  sur- 

12187  veyed  in  conformity  to  the  system  of  Government  surveys,  and 

12188  whenever,  after  such  survey,  any  Indian,  of  the  bands  parties 

12189  hereto,  either  male  or  female,  shall  have  ten  acres  of  laud  under 

12190  cultivation,  such  Indian  shall  be  entitled  to  receive  a  certificate, 

12191  showing  him  to  be  entitled  to  the  forty  acres  of  land,  according 

12192  to  legal  subdivision,  containing  the  said  ten  acres  or  the  greater 

12193  part  thereof,  and  whenever  such  Indian  shall  have  an  additional 

12194  ten  acres  under  cultivation,  he  or  she  shall  be  entitled  to  a  cer- 

12195  tificate  for  additional  forty  acres,  and   so  on,   until  the  full 

12196  amount  of  one  hundred  and  sixty  acres  may  have  been  certified 

12197  to  any  one  Indian  ;  and  the  land  so  held  by  any  Indian  shall  be 

12198  exempt  from  taxation  and  sale  for  debt,  and  shall  not  be  alien- 

12199  ated  except  with  the  approval  of  the  Secretary  of  the  Interior, 

12200  and  in  no  case  to  any  person  not  a  member  of  the  Chippewa 

12201  tribe. 

12202  ARTICLE  8.  For  the  purpose  of  protecting  and  encourag- 

12203  ing  the  Indians,  parties  to  this  treaty,  in  their  efforts  to  become 

12204  self-sustaining  by  means  of  agriculture,  and  the  adoption  of  the 

12205  habits  of  civilized  life,  it  is  hereby  agreed  that,  in  case  of  the 

12206  commission  by  any  of  the  said  Indians  of  crimes  against  life  or 

12207  property,  the  person  charged  with  such  crimes  maybe  arrested, 

12208  upon  the  demand  of  the  agent,  by  the  sheriff  of  the  county  of 

12209  Minnesota  in  which  said  reservation  may  be  located,  and  when 

12210  so  arrested  maybe  tried,  and  if  convicted,  punished  in  the  same 

12211  manner  as  if  he  were  not  a  member  of  an  Indian  tribe. 

12212  Proclaimed  April  18,  1867. 


12213  CHOCTAWS  AND  CHICKASAWS. 

12214  FRANKLIN  PIEIU'E,  President  of  the  United  States  of  America, 

12215  to  all  and  singular  to  whom  these  presents  shall  come, 

12216  greeting: 

12217  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

12218  Washington  on  the  twenty- second  day  of  June,  one  thousand 

12219  eight  hundred  and  fifty-five,  by  George  W.  Mauypenny,  com- 

12220  missioner  on  the  part  of  the  United  States,  Peter  P.  Pitchlynn, 

12221  Israel  Folsom,  Samuel  Garland,  and  Dixon  W.  Lewis,  commis- 

12222  sioners  on  the  part  of  the  Choctaws,  and  Edmund  Pickeus  and 

12223  Sampson  Folsom,  commissioners  on  the  part  of  the  Chickasaws, 

12224  which  treaty  is  in  the  words  following,  to  wit : 

12225  Articles  of   agreement  and  convention   between   the   United 

12226  States  and  the  Choctaw  and  Chickasaw  tribes  of  Indians, 

12227  made  and  concluded  at  the  city  of  Washington  the  twenty. 

12228  second  day  of  June,  A.  D.  one  thousand  eight  hundred  and 


275 

12229  fifty-fire,  by  George  W.  Manypenny,  commissioner  on  the 

12230  part  of  the  United  States,  Peter  P.  Pitchlynn,  Israel  Fol- 

12231  som,  Samuel  Garland,  and  Dixon  W.  Lewis,  commissioners 

12232  on  the  part  of  the  Choctaws,  and  Edmund  Pickens  and 

12233  Sampson  Folsoin,  commissioners  on  the  part  of  the  Chicka- 

12234  saws : 

12235  Whereas  the  political  connexion  heretofore  existing  be- 

12236  tween  the  Choctaw  and  the  Chickasaw  tribes  of  Indians  has 

12237  given  rise  to  unhappy  and  injurious  dissensions  and  controver- 

12238  sies  among  them,  which  render  necessary  a  re-adjustment  of 

12239  their  relations  to  each  other  and  to  the  United  States ;  and 

12240  Whereas  the  United  States  desire  that  the  Choctaw  Indians 

12241  shall  relinquish  all  claim  to  any  territory  west  of  the  one  hun- 

12242  dredth  degree  of  west  longitude,  and  also  to  make  provision  for 

12243  the  permanent  settlement  within,  the  Choctaw  country  of  the 

12244  Wichita  and  certain  other  tribes  or  bauds  of  Indians,  for  which 

12245  purpose  the  Choctaws  and  Chickasaws  are  willing  to  lease,  on 
12240  reasonable  terms,  to  the  United  States,  that  portion  of  their 

12247  common  territory  which  is  west  of  the  ninety-eighth  degree  of 

12248  west  longitude ;  and 

12249  Whereas  the  Choctaws  contend  that,  by  a  just  and  fair 

12250  construction  of  the  treaty  of  September  27,   1830,  they  are, 

12251  of  right,  entitled  to  the  net  proceeds  of  the  lands  ceded  by 

12252  them  to  the  United  States,  under  said  treaty,  and  have  pro- 

12253  posed  that  the  question  of  their  right  to  the  same,  together 

12254  with  the  whole  subject-matter  of  their  unsettled  claims,  whether 

12255  national  or  individual,  against  the  United  States,  arising  under 

12256  the  various  provisions  of  said  treaty,  shall  be  referred  to  the 

12257  Senate  of  the  United  States  for  final  adjudication  and  adjust- 

12258  mentj  and  whereas  it  is  necessary  for  the  simplification  and 

12259  better  understanding  of  the  relations  between  the  United  States 

12260  and  the  Choctaw  Indians,  that  all  their  subsisting  treaty  stipu- 

12261  lations  Be  embodied  in  one  comprehensive  instrument : 

12262  Xow,  therefore,  the  United  States  of  America,  by  their 

12263  commissioner,  George  W.  Manypenny,  the  Choctaws,  by  their 

12264  commissioners,  Peter  P.  Pitchlynn,  Israel  Folsom,  Samuel  Gar- 

12265  land,  and  Dickson  W.  Lewis,  and  the  Chickasaws,  by  their  com 

12266  missioners,  Edmund  Pickens  and  Sampson  Folsom,  do  hereby 

12267  agree  and  stipulate  as  follows,  viz : 

12268  ARTICLE  1.  The  following  shall  constitute  and  remain  the 

12269  boundaries  of  the  Choctaw  and  Chickasaw  country,  viz :    Begin- 

12270  ning  at  a  point  on  the  Arkansas  Eiver,  one  hundred  paces  east 

12271  of  old  Fort  Smith,  where  the  western  boundary -line  of  the  State 

12272  of  Arkansas    crosses  the  said  river,  and  running  thence  due 

12273  south  to  Eed  Kiver ;  thence  up  Ked  Kiver  to  the  point  where  the 

12274  meridian  of  one  hundred  degrees  west  longitude  crosses  the 


276 

12275  same;  tbence  north  along  said  meridian,  to. the  main  Canadian 

12276  River ;  thence  down  said  river  to  its  junction  with  the  Arkansas 

12277  River ;  thence  down  said  river  to  the  place  of  beginning. 

12278  And  pursuant  to  an  act  of  Congress  approved  May  28, 1830, 

12279  the  United  States  do  hereby  forever  secure'and  guarantee  the 

12280  lands  embraced  within  the  said   limits  to  the  members  of  the 

12281  Choctaw  and  Chickasaw  tribes,  their  heirs  and  successors,  to  be 

12282  held  in  common ;  so  that  each  and  every  member  of  either  tribe 

12283  shall  have  an  equal,  undivided  interest  in  the  whole :  Provided, 

12284  hoicever,  No  part  thereof  shall  ever  be  sold  without  the  consent 

12285  of  both  tribes,  and  that  said  land  shall  revert  to  the  United 

12286  States  if  said  Indians  and  their  heirs  become  extinct  or  aban- 

12287  don  the  same. 

12288  ARTICLE  2.  A  district  for  the  Chickasaws  is  hereby  estab- 

12289  lished,  bounded  as  follows,  to  wit :  Beginning  on  the  north  bank 

12290  of  Red  River,  at  the  mouth  of  Island  Bayou,  where  it  empties 

12291  into  Red  River,  about  twenty-six  miles  in  a  straight  line  below 

12292  the  mouth  of  False  Wachitta ;  thence  running  a  northwesterly 

12293  course,  along  the  main  channel  of  said  bayou,  to  the  junction  of 

12294  the  three  prongs  of  said  bayou,  nearest  the  dividing  ridge  be- 

12295  tween  Wachitta  and  Low  Blue  Rivers,  as  laid  down  on  Capt. 

12296  R.  L.  Hunter's  map ;  theuce  northerly  along  the  eastern  prong 

12297  of  Islaud  Bayou  to  its  source  5  thence  due  north  to  the  Canadian 

12298  River ;  thence  west  along  the  main  Canadian  to  the  ninety-eighth 

12299  degree  of  west  longitude  j    thence  south  to  Red  River  5  and 

12300  thence  down  Red  River  to  the  beginning:  Provided,  hoicever, 

12301  If  the  line  running  due  north  from  the  eastern  source  of  Island 

12302  Bayou  to  the  main  Canadian  shall  not  include  Allen's  or  Wa- 

12303  pa-uacka  Academy  within  the  Chickasaw  District,  then  an  off- 

12304  set  shall  be  made  from  said  line,  so  as  to  leave  said  academy 

12305  two  miles  within  the  Chickasaw  district,  north,  west,  and  south 

12306  from  the  lines  of  boundary. 

12307  ARTICLE  3.  The  remainder  of  the  country  held  in  common  by 

12308  the  Choctaws  and  Chickasaws  shall  constitute  the  Choctaw  dis- 

12309  trict,  and  their  officers  and  people  shall  at  all  times  have  the 

12310  right  of  safe  conduct  and  free  passage  through  the  Chickasaw 

12311  district. 

12312  ARTICLE  4.  The  government  and  laws  now  in  operation  and 

12313  not  incompatible  with  this  instrument  shall  be  and  remain  in 

12314  full  force  and  effect  within  the  limits  of  the  Chickasaw  district, 

12315  until  the  Chickasaws  shall  adopt  a  constitution,  and  enact  laws, 

12316  superseding,  abrogating,  or  changing  the  same.    And  all  judi- 

12317  cial  proceedings  within  said  district,  commenced  prior  to  the 

12318  adoption  of  a  constitution  and  laws  by  the  Chickasaws,  shall  be 

12319  conducted  and  determined  according  to  existing  laws. 

12320  ARTICLE  5.   The  members  of  either  the   Choctaw   or  the 


211 

12321  Chickasaw  tribe  shall  have  the  right,  freely,  to  settle  within  the 

12322  jurisdiction  of  the  other,  and  shall  thereupon  be  entitled  to  all 

12323  the  rights,  privileges,  and  immunities  of  citizens  thereof  j  but 

12324  no  member  or  either  tribe  shall  be  entitled  to  participate  in 

12325  the  funds  belonging  to  the  other  tribe.    Citizens  of  both  tribes 

12326  shall  have  the  right  to  institute  and  prosecute  suits  in  the  courts 

12327  of  either,  under  such  regulations  as  may,  from  time  to  time,  be 

12328  prescribed  by  their  respective  legislatures. 

12320  ARTICLE  0.  Any  person  duly  charged  with  a  criminal  offence 

12330  against  the  laws  of  either  the  Choctaw  or  the  Chickasaw  tribe, 

12331  and  escaping  into  the  jurisdiction  of  the  other,  shall  be  promptly 

12332  surrendered,  upon  the  demand  of  the  proper  authorities  of  the 

12333  tribe  within  whose  jurisdiction  the  offence  shall  be  alleged  to 

12334  have  been  committed. 

12335  ARTICLE  7.  So  far  as  may  be  compatible  with  the  Constitu- 

12336  tion  of  the  United  States  and  the  laws  made  in  pursuance  there- 

12337  of,  regulating  trade  and  intercourse  with  the  Indian  tribes,  the 

12338  Choctaws  and  Chickasaws  shall  be  secured  in  the  unrestricted 
12330  right  of  self-government,  and  full  jurisdiction  over  persons  and 

12340  property  within  their  respective  limits;  excepting,  however,  all 

12341  persons,  with  their  property,  who  are  not  by  birth,  adoption,  or 

12342  otherwise  citizens  or  members  of  either  the  Choctaw  or  Chicka- 

12343  saw  tribe;  and  all  persons,  not  being  citizens  or  members  of 

12344  either  tribe,  found  within  their  limits,  shall  be  considered  in- 

12345  truders,  and  be  removed  from  and  kept  out  of  the  same  by  the 

12346  United  States  agent,  assisted  if  necessary  by  the  military,  with 

12347  the  following  exceptions,  viz:  Such  individuals  as  are  now,  or 

12348  may  be  in  the  employment  of  the  Government,  and  their  fami- 
12340  lies ;  those  peacefully  travelling,  or  temporarily  sojourning  in 

12350  the  country  or  trading  therein,  under  license  from  the  proper 

12351  authority  of  the  United  States,  and  such  as  may  be  permitted 

12352  by  the  ChoctaVs  or  Chickasaws,  with  the  assent  of  the  United 

12353  States  agent,  to  reside  within  their  limits,  without  becoming 

12354  citizens  or  members  of  either  of  said  tribes. 

12355  ARTICLE  8.  In  consideration  of  the  foregoing  stipulations, 

12356  and  immediately  upon  the  ratification  of  this  convention,  there 

12357  shall  be  paid  to  the  Choctaws,  in  such  manner  as  their  national 

12358  council  shall  direct,  out  of  the  national  fund  of  the  Chickasaws 
12350  held  in  trust  by  the  United  States,  the  sum  of  one  hundred  and 

12360  fifty  thousand  dollars. 

12361  ARTICLE  0.  The  Choctaw  Indians  do  hereby  absolutely  and 

12362  forever  quit-claim  and  relinquish  to  the  United  States  all  their 

12363  right,  title,  and  interest  in  and  to  any  and  all  lands  west  of  the 

12364  one  hundredth  degree  of  west  longitude ;  and  the  Choctaws  and 

12365  Chickasaws  do  hereby  lease  to  the  United  States  all  that  por- 

12366  tion  of  their  common  territory  west  of  the  ninety -eighth  degree 


278 

12367  of  west  longitude,  for  the  permanent  settlement  of  the  Wichita 

12368  and  such  other  tribes  or  bands  of  Indians  as  the  Government 

12369  may  desire  to  locate  therein  5  excluding,  however,  all  the  In- 

12370  dians  of  New  Mexico,  and  also  those  whose  usual  ranges  at 

12371  present  are  north  of  the  Arkansas  Eiver,  and  whose  permanent 

12372  locations  are  north  of  the  Canadian  River,  but  including  those 

12373  bands  whose  permanent  ranges  are  south  of  the  Canadian,  or 

12374  between  it  and  the  Arkansas ;  which  Indians  shall  be  subject  to 

12375  the  exclusive  control  of  the  United  States,  under  such  rules  and 

12376  regulations,  not  inconsistent  with  the  rights  and  interests  of 

12377  the  Choctaws  and  Chickasaws,  as  may  from  time  to  time  be 

12378  prescribed  by  the  President  for  their  government:   Provided, 

12379  hoicever,  The  territory  so  leased  shall  remain  open  to  settlement 

12380  by  Choctaws  and  Chickasaws  as  heretofore. 

12381  ARTICLE  10.  In  consideration  of  the  foregoing  relinquish  - 

12382  rnent  and  lease,  and  as  soon  as  practicable  after  the  ratification 

12383  of  this  convention,  the  United  States  will  pay  to  the  Choctaws 

12384  the  sum  of  six  hundred  thousand  dollars,  and  to  the  Chicka- 

12385  saws  the  sum  of  two  hundred  thousand  dollars,  in  such  manner 

12386  as  their  general  councils  shall  respectively  direct. 

12387  ARTICLE  11.  The  Government  of  the  United  States  not 

12388  being  prepared  to  assent  to  the  claim  set  up  under  the  treaty  of 

12389  September  the  twenty-seventh,  eighteen  hundred  and  thirty, 

12390  and  so  earnestly  contended  for  by  the  Choctaws  as  a  rule  of 

12391  settlement,  but  justly  appreciating  the  sacrifices,  faithful  ser- 

12392  vices,  and  general  good  conduct  of  the  Choctaw  people,  and 

12393  being  desirous  that  their  rights  and  claims  against  the  United 

12394  States  shall  receive  a  just,  fair,  and  liberal  consideration,  it  is 

12395  therefore  stipulated  that  the  following  questions  be  submitted 

12396  for  adjudication  to  the  Senate  of  the  United  States : 

12397  First.  Whether  the  Choctaws  are  entitled  to,  or  shall  be 

12398  allowed,  the  proceeds  of  the  sale  of  the  lands  ceded  by  them  to 

12399  the  United  States  by  the  treaty  of  September  the  twenty-sev- 

12400  euth,  eighteen  hundred  and  thirty,  deducting  therefrom  the  cost 

12401  of  their  survey  and  sale,  and  all  just  and  proper  expenditures 

12402  and  payments  under  the  provisions  of  said  treaty ;  and  if  so, 

12403  what  price  per  acre  shall  be  allowed  to  the  Choctaws  for  the 

12404  lauds  remaining  unsold,  in  order  that  a  final  settlement  with 

12405  them  may  be  promptly  effected.     Or, 

12406  Second.  Whether  the  Choctaws  shall  be  allowed  a  gross 

12407  sum  in  further  and  full  satisfaction  of  all  their  claims,  national 

12408  and  individual,  against  the  United  States  ;  and,  if  so,  how  much. 

12409  ARTICLE  12.  In  case  the  Senate  shall  award  to  the  Choc- 

12410  taws  the  net  proceeds  of  the  lands,  ceded  as  aforesaid,  the  same 

12411  shall  be  received  by  them  in  full  satisfaction  of  all  their  claims 

12412  against  the  United  States,  whether  national  or  individual,  aris 


279 


12413 
12414 
12415 
12416 
12417 
12418 
12419 
12420 
12421 
12422 
12423 
12424 
12425 
12426 
12427 
12428 
12429 
12430 
12431 
12432 
12433 
12434 
12435 
12436 
12437 
12438 
12439 
12440 
12441 
12442 
12443 
12444 
12445 
12446 
12447 
12448 
12449 
12450 
12451 
12452 
12453 
12454 
12455 
12456 
12457 
12458 
12459 


ing  under  any  former  treaty;  and  the  Choctaws  shall  there- 
upon  become  liable  and  bound  to  pay  all  such  individual  claims 
as  may  be  adjudged  by  the  proper  authorities  of  the  tribe  to  be 
equitable  and  just,  the  settlement  and  payment  to  be  made 
with  the  advice  and  under  the  direction  of  the  United  States 
agent  for  the  tribe  ;  and  so  much  of  the  fund,  awarded  by  the 
Senate  to  the  Choctaws,  as  the  proper  authorities  thereof  shall 
ascertain  and  determine  to  be  necessary  for  the  payment  of  the 
just  liabilities  of  the  tribe,  shall,  on  their  requisition,  be  paid 
over  to  them  by  the  United  States.  But  should  the  Senate 
allow  a  gross  sum,  in  further  and  full  satisfaction  of  all  their 
claims,  whether  national  or  individual,  against  the  United 
States,  the  same  shall  be  accepted  by  the  Choctaws,  and  they 
shall  thereupon  become  liable  for,  and  bound  to  pay,  all  the  in- 
dividual  claims  as  aforesaid  ;  it  being  expressly  understood  that 
the  adjudication  and  decision  of  the  Senate  shall  be  final. 

ARTICLE  13.  The  amounts  secured  by  existing  treaty  stipu- 
lations  —  viz:  permanent  annuity  of  three  thousand  dollars,  nn- 
der  the  second  article  of  the  treaty  of  eighteen  hundred  and 
five;  six  hundred  dollars  per  annum  for  the  support  of  light- 
horse  men  under  the  thirteenth  article  of  the  treaty  of  eighteen 
hundred  and  twenty  ;  permanent  annuity  of  six  thousand  dol- 
lars  for  education,  under  the  second  article  of  the  treaty  of 
eighteen  hundred  and  twenty-five  ;  six  hundred  dollars  per 
annum  permanent  provision  for  the  support  of  a  blacksmith, 
under  the  sixth  article  of  the  treaty  of  eighteen  hundred  and 
twenty;  and  three  hundred  and  twenty  dollars  permanent  pro- 
vision  for  iron  and  steel,  under  the  ninth  article  of  the  treaty  of 
eighteen  hundred  and  twenty-five  —  shall  continue  to  be  paid  to, 
or  expended  for  the  benefit  of,  the  Choctaws  as  heretofore  ;  or 
the  same  may  be  applied  to  such  objects  of  general  utility  as 
may,  from  time  to  time,  be  designated  by  the  general  council  of 
the  tribe,  with  the  approbation  of  the  Government  of  the  United 
States.  And  the  funds  now  held  in  trust  by  the  United  States 
for  the  benefit  of  the  Choctaws  under  former  treaties,  or  other- 
wise,  shall  continue  to  be  so  held  ;  together  with  the  sum  of 
five  hundred  thousand  dollars  out  of  the  amount  payable  to 
them  under  articles  eighth  and  tenth  of  this  agreement,  and 
also  whatever  balance  shall  remain,  if  any,  of  the  amount  that 
shall  be  allowed  the  Choctaws,  by  the  Senate,  under  the  twelfth 
article  hereof,  after  satisfying  the  just  liabilities  of  the  tribe. 
The  sums  so  to  be  held  in  trust  shall  constitute  a  general  Choc- 
taw  fund,  yielding  an  annual  interest  of  not  less  than  five  per 
centum;  no  part  of  which  shall  be  paid  out  as  annuity,  but 
shall  be  regularly  and  judiciously  applied,  under  the  direction 
of  the  general  council  of  the  Choctaws,  to  the  support  of  their 
government,  for  purposes  of  education,  and  such  other  objects 


2.80 

12460  as  may  be  best  calculated  to  promote  and  advance  the  improve- 

12461  meut,  welfare,  and  happiness  of  the  Choctaw  people  and  their 

12462  descendants. 

12463  ARTICLE  14.  The  United  States  shall  protect  the  Choctaws 

12464  and  Chickasaws  from  domestic  strife,  from  hostile  invasion,  and 

12465  from  aggression  by  other  Indians  and  white  persons  not  subject 

12466  to  their  jurisdiction  and  laws  ;  and  for  all  injuries  resulting  from 

12467  such  invasion  or  aggression,  full  indemnity  is  hereby  guaranteed 

12468  to  the  party  or  parties  injured,  out  of  the  Treasury  of  the  United 

12469  States,  upon  the  same  principle  and  according  to  the  same  rules 

12470  upon  which  white  persons  are  entitled  to  indemnity  for  injuries 

12471  or  aggressions  upon  them,  committed  by  Indians. 

12472  ARTICLE  15.  The  Choctaws  and  Chickasaws  shall  promptly 

12473  apprehend  and  deliver  up  all  persons  accused  of  any  crime  or 

12474  offence  against  the  laws  of  the  United  States,  or  of  any  State 

12475  thereof,  who  may  be  found  within  their  limits,  on  demand  of  any 

12476  proper  officer  of  a  State,  or  of  the  United  States. 

12477  ARTICLE  16.  All  persons  licensed  by  the  United  States  to  trade 

12478  with  the  Choctaws  or  Chichasaws  shall  be  required  to  pay  to  the 

12479  respective  tribes  a  moderate  annual  compensation  for  the  land 

12480  and  timber  used  by  them ;  the  amount  of  such  compensation,  in 

12481  each  case,  to  be  assessed  by  the  proper  authorities  of  said  tribe, 

12482  subject  to  the  approval  of  the  United  States  agent. 

12483  ARTICLE  17.  The  United  States  shall  have  the  right  to  es- 

12484  tablish  and  maintain  such  military  posts,  post-roads,  and  Indian 

12485  agencies  as  may  be  deemed  necessary  within  the  Choctaw  and 

12486  Chickasaw  country,  but  no  greater  quantity  of  land  or  timber 

12487  shall  be  used  for  said  purposes  than  shall  be  actually  requisite ; 

12488  and  if,  in  the  establishment  or  maintenance  of  such  posts,  post- 
12489  roads,  and  agencies,  the  property  of  any  Choctaw  or  Chicka 

12490  saw  shall  be  taken,  injured,  or  destroyed,  just  and  adequate 

12491  compensation  shall  be  made  by  the  United  States.     Only  such 

12492  persons  as  are,  or  may  be  in  the  employment  of  the  United 

12493  States,  or  subject  to  the  jurisdiction  and  laws  of  the  Choctaws, 

12494  or  Chickasaws,  shall  be  permitted  to  farm  or  raise  stock  within 

12495  the  limits  of  any  of  said  military  posts  or  Indian  agencies.    And 

12496  no  offender  against  the  laws  of  either  of  said  tribes  shall  be  per- 

12497  mitted  to  take  refuge  therein. 

12498  ARTICLE  18.  The  United  States,  or  any  incorporated  company, 

12499  shall  have  the  right  of  way  for  railroads,  or  lines  of  telegraphs, 

12500  through  the  Chotaw  and  Chickasaw  country  ;  but  for  any  prop- 

12501  erty  taken  or  destroyed  in  the  construction  thereof,  full  compen- 

12502  sation  shall  be  made  to  the  party  or  parties  injured,  to  be  ascer- 

12503  tained  and  determined  in  such  manner  as  the  president  of  the 

12504  United  States  shall  direct. 

12505  ARTICLE  19.  The  United  States  shall,  as  soon  as  practica- 

12506  ble,  cause  the  eastern  and  western  boundary  lines  of  the  tract 


281 


12507 

12508 

12509 

12510 

12511 

12512 

12513 

12511 

12515 

12516 

12517 

12518 

12519 

12520 

12521 

12522 

12523 

12524 

12525 

12526 

12527 

12528 

12529 

12530 

12531 

12532 

12533 

12534 

12535 

12536 

12537 

12538 

12539 

12540 

12541 

12542 

12543 

12544 

12545 

12546 

12547 

12548 

12549 

12550 

12551 

12552 

12553 


of  country  described  in  the  1st  article  of  this  convention,  and 
the  western  boundary  of  tlie  Chickasaw  district,  as  herein  de 
fined,  to  be  run  and  permanently  marked. 

ARTICLE  20.  That  this  convention  may  conduce  as  far  as 
possible  to  the  restoration  and  preservation  of  kind  and  friendly 
feeling  among  the  Ohoctaws  and  Chickasaws,  a  general  amnesty 
of  all  past  offences,  committed  within  their  country,  is  hereby 
declared. 

And  in  order  that  their  relations  to  each  other  and  to  the 
United  States  may  hereafter  be  conducted  in  a  harmonious  and 
satisfactory  manner,  there  shall  be  but  one  agent  for  the  two 
tribes. 

ARTICLE  21.  This  convention  shall  supersede  and  take  the 
place  of  all  former  treaties  between  the  United  States  and  the 
Choctaws,  and  also  of  all  treaty  stipulations  between  the  United 
States  and  the  Chickasaws,  and  between  the  Choctaws  and 
Ohickasaws,  inconsistent  with  this  agreement,  and  shall  take 
effect  and  be  obligatory  upon  the  contracting  parties  from  the 
date  hereof,  whenever  the  same  shall  be  ratified  by  the  respec 
tive  councils  of  the  Choctaw  and  Chickasaw  tribes,  and  by  the 
President  and  Senate  of  the  United  States. 

ARTICLE  22.  It  is  understood  and  agreed  that  the  expenses 
of  the  respective  commissioners  of  the  two  tribes,  signing  these 
articles  of  agreement  and  convention,  in  coming  to  and  return 
ing  from  this  city,  and  while  here,  shall  be  paid  by  the  United 
States. 

In  testimony  whereof  the  said  George  W.  Many  penny,  com 
missioner  on  the  part  of  the  United  States,  and  the  said  com 
missioners  on  the  part  of  the  Choctaws  and  of  the  Chickasaws, 
have  hereunto  set  their  hands  and  seals. 

Done  in  triplicate,  at  the  city  of  Washington,  on  this  twenty- 
second  day  of  June,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fifty-five. 

GEORGE  W.  MANYPENNY, 

United  States  Commissioner.     |"L.  s.] 
P.  P.  P1TCHLYNN,  [L.  s.] 

ISliAEL  FOLSOM,  [L.  S.] 

SAM'L  GAKLAND,  [L.  s.] 

DICKSON  W.  LEWIS,  [L.  s.J 

Choctaw  Commissioners. 

EDMUND  PICKENS,  his  x  mark,        [L.  s.] 
SAMPSON  FOLSOM,  [L.  S.] 

Chickasaiv  Commissioners. 
Executed  in  presence  of— 
A.  O.  P.  NICHOLSON, 
JAMES  G.  BERRET, 

DOUGLAS  H.  COOPER,  United  States  Indian  Agent. 
36  I  T 


282 

12554  And  whereas  the  said  treaty  haying  been  submitted  to  the 

12555  general  council  of  the  Chickasaw  tribe,  the  general  council  did, 

12556  on  the  third  day  of  October,  A.  D.  one  thousand  eight  hundred 

12557  and  fifty-five,  assent  to,  ratify,  and  confirm  the  same,  with  the 

12558  following  amendment:     "Add  to  the  19th  article,    'by  com- 

12559  missiouers  to  be  appointed  by  the  contracting  parties  hereto,' " 

12560  by  an  instrument  in  writing,  in  the  words  and  figures  following, 

12561  to  wit : 

12562  Whereas  articles  of  agreement  and  convention  were  made 

12563  and  concluded  on  the  twenty-second  day  of  June,  A.  D.  one 

12564  thousand  eight  hundred  and  fifty-five,  by  and  between  George 

12565  W.  Manypenny,  commissioner  on  the  part  of  the  United  States, 

12566  Peter  P.  Pitchlynn,  Israel  Folsom,  Samuel  Garland,  and  Dick- 

12567  son  W.  Lewis,  commissioners  on  the  part  of  the  Choctaws,  and 

12568  Edmund  Pickeus   and  Sampson  Folsom,  commissioners  on  the 

12569  part  of  the  Chickasaws,  at  the  city  of  Washington,  in  the  Dis- 

12570  trict  of  Columbia,  the  preamble  whereof  is  in  the   words  and 

12571  figures  following,  "to  wit:'7 

12572  Whereas  the  political  connection  heretofore  existing  between 

12573  the  Choctaw  and  Chickasaw  tribes  of  Indians  has  given  rise  to 

12574  unhappy  and  injurious  dissensions   and   controversies   among 

12575  them,  which  render  necessary  a  re-adjustment  of  their  relations 

12576  to  each  other  and  to  the  United  States;  and 

12577  Whereas  the  United  States  desire  that  the  Choctaw  Indians 

12578  shall  relinquish  all  claim  to  any  territory  west  of  the  one  hun- 

12579  dredth  degree  of  west  longitude,  and  also  to  make  provision  for 

12580  the  permanent  settlement  within  the  Choctaw  country  of  the 

12581  Wichita  and  certain  other  tribes  or  bands  of  Indians,  for  which 

12582  purpose  the  Choctaws  and  Chigkasaws  are  willing  to  lease,  on 

12583  reasonable  terms,  to  the  United  States,  that  portion  of  their 

12584  common  territory  which  is  west  of  the  ninety-eighth  degree  of 

12585  west  longitude;  and 

12586  Whereas  the  Choctaws  contend  that,  by  a  just  and  fair  con- 

12587  struction  of  the  treaty  of  September  27,  1830,  they  are  of  right 

12588  entitled  to  the  net  proceeds  of  the  lands  ceded  by  them  to  the 

12589  United  States  under  said  treaty,  and  have  proposed  that  the 

12590  question  of  their  right  to  the  same,  together  with  the  whole  sub- 

12591  ject-matter  of  their  unsettled  claims,  whether  national  or  indi- 

12592  vidual,  against  the  United  States,  arising  under  the  various  pro- 

12593  visions  of  said  treaty,  shall  be  referred  to  the  Senate  of  the 

12594  United  States  for  final  adjudication  and  adjustment;  and 

12595  Whereas  it  is  necessary,  for  the  simplification  and  better 

12596  understanding  of  the  relations  between  the  United  States  and 

12597  the  Choctaw  Indians,  that  all  their  subsisting  treaty  stipulations 

12598  be  embodied  in  one  comprehensive  instrument;  and 

12599  Whereas,  in  the  twenty-first  article  thereof,  it  is,  among 


283 

12600  other  things,  recited  that  said  agreement  "shall  take  effect  and 

12601  be  obligatory  upon  the  contracting  parties  from  the  date  hereof, 

12602  whenever  the  same  shall  be  ratified  by  the  respective  councils  of 

12603  the  Ckoctaw  and  Chickasaw  tribes  of  Indians  and  by  the  Presi- 

12604  dent  and  Senate  of  the  United  States;" 

12605  Now,  therefore,  be  it  known,  that  the  Ohickasaws,  in  gene- 

12606  ral  council  assembled,  having  duly  considered  said  articles  of 

12607  agreement  and  convention,  and  each  and  every  clause  thereof, 

12608  and  being  satisfied  therewith,  do,  upon  their  part,  hereby  assent 
12600  to,  ratify,  and  confirm  the  same,  as  stipulated  and  required,  with 

12610  the  following  amendment:  "Add  to  the  nineteenth  article,  'By 

12611  commissioners  to  be  appointed  by  the  contracting  parties  here- 

12612  to.'" 

12613  Done  and  approved  at  Tishomingo,  in  the  Chickasaw  dis- 

12614  trict  of  the  Choctaw  Nation,  this  3d  day  of  October,  in  the  year 

12615  of  our  Lord  one  thousand  eight  hundred  and  fifty-five. 

12616  Passed  the  council. 

12617  JOEL  KEMP,  President. 

12618  D.  COLBERT,  F.  C. 

12619  Attest: 

12620  CYRUS  HARRIS,  Cleric  of  the  Council. 

1262 L  And  whereas  the  Chickasaws.  in  general  council  assembled, 

12622  did,  on  the  13th  day  of  December,  A.  D.  1855,  recede  from  and 

12623  rescind  the  said  amendment,  and  did  ratify  and  confirm  the  said 

12624  treaty,  and  every  part  thereof,  by  an  instrument  in  writing,  in 

12625  the  words  and  figures  following,  to  wit: 

12626  Whereas  the  Chickasaws,  in  general  council  assembled,  after 

12627  having  duly  considered  the  stipulations  contained  in  a  certain 

12628  convention  and  agreement,  made  and  entered  into  at  the  city  of 

12629  Washington,  on  the  22d  day  of  June,  A.  D.  1855,  between  George 

12630  W.  Many-penny,  commissioner  on  the  part  of  the  United  States  ; 

12631  Peter  P.  Pitchlynn,  Israel  Folsom,  Samuel  Garland,  and  Dick- 

12632  son  W.  Lewis,  commissioners  on  the  part  of  the  Choctaws ;  Ed- 

12633  muud  Pickeus  and  Sampson  Folsom,  commissioners  on  the  part 

12634  of  the  Chickasaws,  did,  on  the  third  day  of  October,  A.  D.  1855, 

12635  at    Tishomingo,  in   the  Chickasaw  district,   Choctaw  Nation, 

12636  assent  to,  ratify,  and  confirm  each  and  every  part  of  said  coii- 

12637  ventiou   and   agreement,  with  the  following  amendment,  viz: 

12638  "Add  to  the  19th  article,  < By  commissioners  to  be  appointed 

12639  by  the  contracting  parties  hereto  f»  and 

12640  Whereas  said  amendment  was  not  duly  considered  and  eoii- 

12641  curred  in  by  the  Choctaws  in  general  council  assembled  5  but 

12642  said  agreement  and  convention,  and  every  part  thereof,  was 

12643  assented  to,  ratified,  and  confirmed  by  said  council  without 

12644  amendment : 

12645  Now,    therefore,    be  it  known,   that   the   Chickasaws,   in 


284 

12646  general  council  assembled,  having  reconsidered  said  proposed 

12647  amendment,  do  hereby  recede  from  and  rescind  the  same,  hereby 

12648  assenting  to,  ratifying,  and  confirming  said  agreement  and  con- 

12649  vention,  and  every  part  thereof. 

12650  Done  and  approved  at  the  council-house  at  Tishomingo, 

12651  Chickasaw  district,  Choctaw  Nation,  this  13th  day  of  December, 

12652  A.  D.  1855. 

12653  Approved  December  13,  1855. 

12654  J.  McCOY,  President  of  the  Council. 

12655  DOUGHERTY  COLBERT,  .F.  C. 

12656  Attest : 

12657  CYRUS  HARRIS,  Secretary. 

12658  Signed  in  presence  of— 

12659  JACKSON  FRAZIER, 

12660  Chief  Chickasaw  District,  Choctaw  Nation. 

12661  DOUGLAS  H.  COOPER, 

12662  U.  8.  Indian  Agent. 

12663  And  whereas  the  said  treaty  having  been  submitted  to  the 

12664  general  council  of  the  Choctaw  tribe,  the  said  general  council 

12665  did,  on  the  16th  day  of  November,  A.  D.  one  thousand  eight 

12666  hundred  and  fifty-five,  consent  to  and  ratify  the  same  by  an 

12667  instrument  in  the  words  and  figures  following,  to  wit : 

12668  Whereas  articles  of  agreement  and  convention  were  made 

12669  and   concluded  on  the  twenty-second  day  of  June,  A.  D.  one 

12670  thousand  eight  hundred  and  fifty-five,  by  and  between  George 

12671  W.  Manypenuy,  commissioner  on  the  part  of  the  United  States; 

12672  Peter  P.  Pitchlynn,  Israel  Folsom,  Samuel  Garland,  and  Dickson 

12673  W.  Lewis,  commissioners  on  the  part  of  the  Choctaws ;  and  Ed- 

12674  round  Pickens  and  Sampson  Folsom,  commissioners  on  the  part  of 

12675  the  Chickasaws,  at  the  city  of  Washington,  in  the  District  of 

12676  Columbia,  the  preamble  whereof  is  in  the  words  and  figures  fol- 

12677  lowing,  viz :  "  Whereas  the  political  connection  heretofore  exist- 

12678  ing  between  the  Choctaw  and  the  Chickasaw  tribes  of  Indians  has 

12679  given  rise  to  unhappy  and  injurious  dissensions  and  controver- 

12680  sies  among  them,  which  render  necessary  a  readjustment  of  their 

12681  relations  to  each  other  and  to  the  United  States ;  and 

12682  "  Whereas  the  United  States  desire  that  the  Choctaw  Indians 

12683  shall  relinquish  all  claim  to  any  territory  west  of  the  one  him- 

12684  dredth  degree  of  west  longitude,  and  also  to  make  provision  for 

12685  the  permanent  settlement  within  the  Choctaw  country  of  the 

12686  Wichita  and  certain  other  tribes  or  bands  of  Indians,  for  which 

12687  purpose  the  Choctaws  and  Chickasaws  are  willing  to  lease,  on 

12688  reasonable  terms,  to  the  United   States,  that  portion  of  their 

12689  common  territory  which  is  west  of  the  ninety-eighth  degree  of 

12690  west  longitude ;  and 

12691  "  Whereas  the  Choctaws  contend  that,  by  a  just  and  fair  con* 


285 

12692  struction  of  the  treaty  of  September  27, 1830,  they  are  of  right  en- 

12693  titled  to  the  net  proceeds  of  the  lands  ceded  by  them  to  the 

12694  United  States,  under  said  treaty,  and  have  proposed  that  the 

12695  question  of  their  right  to  the  same,  together  with  the  whole  sub- 

12696  ject-matter  of  their  unsettled  claims,  whether  national  or  individ- 

12697  ual,  against  the  United  States,  arising  under  the  various  provis- 

12698  ions  of  said  treaty,  shall  be  referred  to  the  Senate  of  the  United 

12699  States  for  final  adjudication  and  adjustment;  and 

12700  "  Whereas  it  is  necessary,  for  the  simplification  and  better 

12701  understanding  of  the  relations  between  the  United  States  and  the 

12702  Choctaw  Indians,  that  all  their  subsisting  treaty  stipulations  be 

12703  embodied  in  one  comprehensive  instrument ; "  and  whereas  in  the 

12704  twenty-first  article  thereof,  it  is,  among  other  things,  recited  that 

12705  said  agreement  "shall  take  effect  and  be  obligatory  upon  the 

12706  contracting  [parties]  from  the  date  hereof,  whenever  the  same 

12707  shall  be  ratified  by  the  respective  councils  of  the  Choctaw  and 

12708  Clrickasaw  tribes  and  by  the  President  and  Senate  of  the  United 

12709  States:" 

12710  Now,  therefore,  be  it  known,  that  the  Choctaws,  in  general 

12711  council  assembled,  having  duly  considered  said  articles  of  agree- 

12712  ment  and  convention,  and  each  and  every  clause  thereof,  and 

12713  being  satisfied  therewith,  do,  upon  their  part,  hereby  assent  to, 

12714  ratify,  and  confirm  the  same  as  stipulated  and  required. 

12715  Proclaimed  March  4,  1856. 

12716  Treaty  between  the  United  States  of  America  and  the  Choctaw  and 

12717  Chickasaw  Indians,   concluded  April  28,  1866;    ratification 

12718  advised^  with  amendments,  June  28,  1866  •  amendments  ac- 

12719  ccpted  July  2,  1866. 

12720  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

12721  to  all  and  singular  to  whom  these  presents   shall   come? 

12722  greeting: 

12723  Whereas   a   treaty  was  made  and  concluded  at  the  city  of 

12724  Washington,  in  the  District  of  Columbia,  on  the  twenty-eighth 

12725  day  of  April,  in  the  year  of  our  Lord  one  thousand  eight  hun- 

12726  dred  and  sixty-six,  by  and  between  Dennis  N.  Cooley,  Elijah 

12727  Sells,  and  E.  S.  Parker,  commissioners  on  the  part  of  the  United 

12728  States,  and  Alfred  Wade,  Allen  Wright,  James  Kiley,  and  John 

12729  Page,  commissioners  on  the  part  of  the  Choctaw  Nation  of  In- 

12730  dians,  and  Winchester  Colbert,  Edmund  Pickens,  Holmes  Col- 

12731  bcrt,  Colbert  Carter,  and  Kobert  H.  Love,  commissioners  on  the 

12732  part  of  the  Chickasaw  Nation  of  Indians,  all.  of  which  commis- 

12733  sioners  were  duly   authorized  thereto,  which  treaty  is  in  the 

12734  words  and  figures  following,  to  writ : 


286 

12735  Articles  of  agreement  and  convention  between  the  United  States 

12736  and  the  Choctaw  and  Chickasaw  Nations  of  Indians,  made 

12737  and  concluded  at  the  city  of  Washington  the  twenty-eighth 

12738  day  of  April,  in  the  year  eighteen  hundred  and  sixty-six, 

12739  by  Dennis  X.  Cooley,  Elijah  Sells,  and  E.  S.  Parker,  special 

12740  commissioners  on  the  part  of  the  United  States,  and  Alfred 

12741  Wade,  Allen  Wright,  James  Eiley,  and  John  Page,  comuiis- 

12742  sioners  on  the  part  of  the  Choctaws,  and  Winchester  Col- 

12743  bert,  Edmund  Pickens,  Holmes  Colbert,   Colbert   Carter, 

12744  and  Robert   H.  Love,  commissioners  on  the  part  of  the 

12745  Chickasaws. 

12746  ARTICLE  1.  Permanent  peace  and  friendship  are  hereby  es- 

12747  tablished  between  the  United  States  and  said  nations  ;  and  the 

12748  Choctaws  and  Chickasaws  do  hereby  bind  themselves  respect- 

12749  ively  to  use  their  influence  and  to  make  every  exertion  to  induce 

12750  Indians  of  the  plains  to  maintain  peaceful  relations  with  each 

12751  other,  with  other  Indians,  and  with  the  United  States. 

12752  ARTICLE  2.  The  Choctaws  and  Chickasaws  hereby  cove- 

12753  riant  and  agree  that  henceforth  neither  slavery  nor  involuntary 

12754  servitude,  otherwise  than  in  punishment  of  crime  whereof  the 

12755  parties  shall  have  been  duly  convicted,  in  accordance  with  laws 

12756  applicable  to  all  members  of  the  particular  nation,  shall  ever 

12757  exist  in  said  nations. 

12758  ARTICLE  3.  The  Choctaws  and  Chickasaws,  in  consider- 

12759  ation  of  the  sum  of  three  hundred  thousand  dollars,  hereby  cede 

12760  to  the  United  States  the  territory  west  of  the  98°  west  longi- 

12761  tude,  known  as  the  leased  district,  provided  that  the  said  sum 

12762  shall  be  invested  and  held  by  the  United  States,  at  an  interest 

12763  not  less  than  five  per  cent.,  in  trust  for  the  said  nations,  until 

12764  the  legislatures  of  the  Choctaw  and  Chickasaw  Nations  respect- 

12765  ively  shall  have  made   such  laws,  rules,  and  regulations  as  may 

12766  be  necessary  to  give  all  persons  of  African  descent,  resident  in 

12767  the  said  nations  at  the  date  of  the  treaty  of  Fort  Smith,  and 

12768  their  descendants,  heretofore  held  in  slavery  among  said  nations, 

12769  all  the  rights,  privileges,  and  immunities,  including  the  right  of 

12770  suffrage,  of  citizens  of  said  nations,  except  in  the  annuities, 

12771  moneys,  and  public  domain  claimed  by,  or  belonging  to,  said 

12772  nations  respectively;  and  also  to  give  to  such  persons  wrho  were 

12773  residents  as  aforesaid,  and  their  descendants,  forty  acres  each  of 

12774  the  land  of  said  nations  on  the  same  terms  as  the  Choctaws  and 

12775  Chickasaws,  to  be  selected  on  the  survey  of  said  land,  after  the 

12776  Choctaws  and  Chickasaws  and  Kansas  Indians  have  made  their 

12777  selections,  as  herein  provided ;  and  immediately  on  the  enact- 

12778  rnent  of  such  laws,  rules,  and  regulations,  the  said  sum  of  three 

12779  hundred  thousand  dollars  shall  be  paid  to  the  said  Choctaw  and 

12780  Chickasaw  Nations  in   the  proportion  of  three-fourths  to  the 


287 

12781  former  and  one-fourth  to  the  latter— less  such  sum,  at  the  rate 

12782  of  oiie  hundred  dollars  per  capita,  as  shall  be  sufficient  to  pay 

12783  .  such  persons  of  African  descent  before  referred  to  as  within 

12784  ninety  days  after  the  passage  of  such  laws,  rules,  and  regula- 

12785  tions  shall  elect  to  remove  and  actually  remove  from  the  said 

12786  nations  respectively.     And   should  the   said  laws,  rules,   and 

12787  regulations  not  be  made  by  the  legislatures  of  the  said  nations 

12788  respectively,  within  two  years  from  the  ratification  of  this  treaty, 

12789  then  the  said  sum  of  three  hundred  thousand  dollars  shall  cease 

12790  to  be  held  in  trust  for  the  said  Choctaw  and  Chickasaw  Nations, 

12791  and  be  held  for  the  use  and  benefit  of  such  of  said  persons  of 

12792  African  descent  as  the  United  States  shall  remove  from  the  said 

12793  Territory  in  such  manner  as  the  United  States  shall  deem  pro- 

12794  per — the  United  States  agreeing,  within  ninety  days  from  the 

12795  expiration  of  the  said  two  years,  to  remove  from  said  nations 
12790  all  such  persons  of  African  descent  as  may  be  willing  to  remove  ; 

12797  those  remaining  or  returning  after  having  been  removed  from 

12798  said  nations  to  have  no  benefit  of  said  sum  of  three  hundred 

12799  thousand  dollars,  or  any  part  thereof,  but  shall  be  upon  the  same 

12800  footing  as  other  citizens  of  the  United  States  in  the  said  nations. 

12801  ARTICLE  4.  The  said  nations  further  agree  that  all  negroes, 

12802  not  otherwise  disqualified  or  disabled,  shall  be  competent  wit- 

12803  nesses  in  all  civil  and  criminal  suits  and  proceedings  in  the  Choc- 

12804  taw  and  Chickasaw  courts,  any  law  to  tbe  contrary  notwithstand- 

12805  ing;  and  they  fully  recognize  the  right  of  the  freedmen  to  a  fair 

12806  remuneration  on  reasonable  and  equitable  contracts  for  their 

12807  labor,  which  the  law  should  aid  them  to  enforce.     And  they  agree, 

12808  on  the  part  of  their  respective  nations,  that  all  laws  shall  be 

12809  equal  in  their  operation  upon  Choctaws,  Chickasaws,  and  negroes, 

12810  and  that  no  distinction  affecting  the  latter  shall  at  any  time  be 

12811  made,  and  that  they  shall  be  treated  with  kindness  and  be  pro- 

12812  tected  against  injury  •  and  they  further  agree,  that  while  the 

12813  said  freedmen,  now  in  the  Choctaw  and  Chickasaw  Nations, 

12814  remain  in  said  nations,  respectively,  they  shall  be  entitled  to  as 

12815  much  land  as  they  may  cultivate  for  the  support  of  themselves 

12816  and  families,  in  cases  where  they  do  not  support  themselves  and 

12817  families  by  hiring,  not  interfering  with  existing  improvements 

12818  without  the  consent  of  the  occupant,  it  being  understood  that  in 

12819  the  event  of  the  making  of  the  laws,  rules,  and  regulations  afore- 

12820  said,  the  forty  acres  aforesaid  shall  stand  in  place  of  the  land 

12821  cultivated  as  last  aforesaid. 

12822  ARTICLE  5.  A  general  amnesty  of  all  past  offences  against 

12823  the  laws  of  the  United  States,  committed  before  the  signing  of 

12824  this  treaty  by  any  member  of  the  Choctaw  or  Chickasaw  Nations,  is 

12825  hereby  declared  ;  and  the  United  States  will  especially  request 

12826  the  States  of  Missouri,  Kansas,  Arkansas,  and  Texas  to  grant 


288 

12827  the  like  amnesty  as  to  all  offences  committed  by  any  member  of 

12828  the  Choctaw  or  Cliickasaw  Nation.      And  the  Choctaws  and 

12829  Chickasaws,  anxious  for  the  restoration   of  kind  and  friendly 

12830  feelings  among  themselves,  do  hereby  declare  an  amnesty  for 

12831  all  past  offences  against  their  respective  governments,  and  no 

12832  Indian  or  Indians  shall  be  proscribed,  or  any  act  of  forfeiture 

12833  or    confiscation    passed    against    those    who    may   have    re- 

12834  inained  friendly  to  the   United    States,  but    they  shall   enjoy 

12835  equal  privileges  with  other  members  of    said  tribes,  and    all 

12836  laws  heretofore  passed  inconsistent  herewith  are  hereby  declared 

12837  inoperative.    The  people  of  the  Choctaw  and  Cliickasaw  Nations 

12838  stipulate  and  agree  to  deliver  up  to  any  authorized  agent  of  the 

12839  United   States  all  public  property   in  their  possession  which 

12840  belong  to  the  late  "  so-called  Confederate  States  of  America,"  or 

12841  the  United  States,  without  any  reservation  whatever;  particu- 

12842  larly  ordnance,  ordnance-stores,  and  arms  of  all  kinds. 

12843  ARTICLE  6.  The  Choctaws  and  Chickasaws  hereby  grant  a 

12844  right  of  way  through  their  lands  to  any  company  or  companies 

12845  which  shall  be  duly  authorized  by  Congress,  or  by  the  legisla- 

12846  tures  of  said  nations,  respectively,  and  which  shall,  with  the  ex- 

12847  press  consent  and  approbation  of  the  Secretary  of  the  Interior, 

12848  undertake  to  construct  a  railroad  through  the  Choctaw  and 

12849  Chickasaw  Nations  from  the  north  to  the  south  thereof,  and 

12850  from  the   east  to  the  west  side  thereof,  in  accordance  with 

12851  the    provisions    of   the    18th    article   of   the  treaty   of   June 

12852  twenty-second,  one  thousand  eight  hundred  and  fifty-five,  which 

12853  provides  that  for  any  property  taken  or  destroyed  in  the  con- 

12854  struction  thereof  full  compensation  shall  be  made  to  the  party 

12855  or  parties  injured,  to  be  ascertained  and  determined  in  such 

12856  manner  as  the  President  of  the  United  States  shall  direct.     But 

12857  such  railroad  company  or  companies,  with  all  its  or  their  agents 

12858  and  employes  shall  be  subject  to  the  laws  of  the  United  States 

12859  relating  to  intercourse  with  Indian  tribes,  and  also  to  such  rules 

12860  and  regulations  as  may  be  prescribed  by  the  Secretary  of  the 

12861  Interior  for  that  purpose.     And  it  is  also  stipulated  and  agreed 

12862  that  the  nation  through  which  the  road  or  roads  aforesaid  shall 

12863  pass  may  subscribe  to  the  stock  of  the  particular  company  or 

12864  companies  such  amount  or  amounts  as  they  may  be  able  to  pay 

12865  for  in  alternate  sections  of  unoccupied  lands  for  a  space  of  six 

12866  miles  on  each  side  of  said  road  or  roads,  at  a  price  per  acre  to 

12867  be  agreed  upon  between  said  Choctaw  and  Chickasaw  Nations 

12868  and  the  said  company  or  companies,  subject  to  the  approval  of 

12869  the  President  of  the  United   States:  Provided,  Jwivever,  That 

12870  said  laud,  thus  subscribed,  shall  not  be  sold,  or  demised,  or  occu- 

12871  pied  by  any  one  not  a  citizen  of  the  Choctaw  or  Chickasaw 

12872  Nations,  according  to  their  laws  and  recognized  usages :  Pro- 


289 

12873  ridedj  That  the  officers,  servants,  aud  employes  of  such  compa 

12874  nies  necessary  to  the  construction  and  management  of  said  road 

12875  or  roads  shall  not  be  excluded  from  such  occupancy  as  their 
12870  respective  functions  may  require,  they  being  subject  to  the  pro- 

12877  visions  of  the  Indian  intercourse  law  and  such  rules  and  regula- 

12878  tions  as  may  be  established  by  the  Secretary  of  the  Interior. 

12879  And  provided  also,  That  the  stock  thus  subscribed  by  either  of 

12880  said  nations  shall  have  the  force  and  effect  of  a  first-mortgage 

12881  bond  on  all  that  part  of  said  road,  appurtenances,  and  equip- 

12882  merits  situated  and  used  within  said  nations  respectively,  and 

12883  shall  be  a  perpetual  lien  on  the  same,  and  the  said  nations  shall 

12884  have  the  right,  from  year  to  year,  to  elect  to  receive  their  equi- 

12885  table  proportion  of  declared  dividends  of  profits  on  their  said 

12886  stock,  or  interest  on  the  par  value  at  the  rate  of  six  per  cent. 

12887  per  annum. 

12888  2.  And  it  is  further  declared,  in  this  connection,  that  as  fast 
12880  as  sections  of  twenty  miles  in  length  are  completed,  with  the  rails 

12800  laid  ready  for  use,  with  all  water  and  other  stations  necessary 

12801  to  the  use  thereof,  as  a  first-class  road,  the  said  company  or 

12802  companies  shall  become  entitled  to  patents  for  the  alternate 

12803  sections  aforesaid,  and  may  proceed  to  dispose  thereof  in  the 

12804  manner  herein  provided  for,  subject  to  the  approval  of  the  Sec- 

12805  retary  of  the  Interior. 

12806  3.  And  it  is  further  declared,  also,  in  case  of  one  or  more'of 

12807  said  alternate  sections  being  occupied  by  any  member  or  rnem- 
1280S  bers  of  said  nations  respectively,  so  that  the    same  cannot  be 
12800  transferred  to  the  said  company  or  companies,  that  the  said 

12000  nation  or  nations,  respectively,  may  select  any  unoccupied  sec- 

12001  tion  or  sections,  as  near  as  circumstances  will  permit,  to  the  said 

12002  width  of  six  miles  on  each  side  of  said  road  or  roads,  and  con- 

12003  vey  the  same  as  an  equivalent  for  the  section  or  sections  so  oc- 

12004  cupied  as  aforesaid. 

12005  ARTICLE  7.  The  Choctaws  and  Chickasaws  agree  to  such 

12006  legislation  as  Congress  and  the  President  of  the  United  States 

12007  may  deem  necessary  for  the  better  administration  of  justice  and 

12008  the  protection  of  the  rights  of  person  and  property  within  the 
12000  Indian  Territory :  Provided,  however,  Such  legislation  shall  not 

12010  in  anywise  interfere  with  or    annul  their  present  tribal  organi- 

12011  zation,   or  their   respective    legislatures  or  judiciaries,  or   the 

12012  rights,  laws,  privileges,  or  customs  of   the  Choctaw  and  Chicka- 

12013  saw  Nations  respectively. 

12014  ARTICLE  8.  The  Choctaws  and  Chicl'asaws  also  agree  that 

12015  a  council,  consisting  of  delegates  elected  by  each  nation  or  tribe 

12016  lawfully  resident  within  the  Indian  Territory,  may  be  annually 

12017  convened  in  said  Territory,  to  be  organized  as  follows: 

12018  1.  After  the  ratification  of  this  treaty,  and  as  soon  as  may 

37  I  T 


290 

12919  be  deemed  practicable  by  the  Secretary  of  the  Interior,  and 

12920  prior  to  the  first  session  of  said  assembly,  a  census  of  each  tribe 

12921  lawfully  resident  in  said  Territory,  shall  be  taken,  under  the  di- 

12922  rection  of  the  Superintendent  of  Indian  Affairs,  by  competent 

12923  persons,  to  be  appointed  by  him,  whose  compensation  shall  be 

12924  fixed  by  the  Secretary  of  the  Interior  and  paid  by  the  United 

12925  States. 

12926  2.  The  council  shall  consist  of  one  member  from  each  tribe 

12927  or  nation  whose  population  shall  exceed  five  hundred,  and  an 

12928  additional  member  for  each  one  thousand  Indians,  native  or 

12929  adopted,  or  each  fraction  of  a  thousand  greater  than  five  hundred 

12930  being  members  of  any  tribe  lawfully  resident  in  said  Territory, 

12931  and  shall  be  selected  by  the  tribes  or  nations  respectively  who 

12932  may  assent  to  the  establishment  of  said  general  assembly;  and 

12933  if  none  should  be  thus  formally  selected  by  any  nation  or  tribe, 

12934  it  shall  be  represented  in  said  general  assembly  by  the  chief  or 

12935  chiefs  and  head-men  of  said  tribes,  to  be  taken  in  the  order  of 

12936  their  rank  as  recognized  in  tribal  usage  in  the  number  and  pro- 

12937  portions  above  indicated. 

12933  3.  After  the  said  census  shall  have  been  taken  and  com- 

12939  pleted,  the  superintendent  of  Indian  affairs  shall  publish  and 

12940  declare  to  each  tribe  the  number  of  members  of  said  council  to 

12941  which  they  shall  be  entitled  under  the  provisions  of  this  article; 

12942  and  the  persons  so  to  represent  the  said  tribes  shall  meet  at  such 

12943  time  and  place  as  he  shall  designate,  but  thereafter  the  time  and 

12944  place  of  the  sessions  of  the  general  assembly  shall  be  determined 

12945  by  itself:  Provided,  That  no  session  in  any  one  year  shall  exceed 

12946  the  term  of  thirty  days ;  and  provided  that  the  special  sessions 

12947  may  be  called  whenever,  in  the  judgment  of  the  Secretary  of  the 

12948  Interior,  the  interests  of  said  tribes  shall  require  it. 

12949  4.  The  general  assembly  shall  have  power  to  legislate  upon 

12950  all  subjects  and  matters  pertaining  to  the  intercourse  and  rela- 

12951  tions  of  the  Indian  tribes  and  nations  resident  in  the  said  Terri- 

12952  tory,  the  arrest  and  extradition  of  criminals  escaping  from  ore 

12953  tribe  to  another,  the  administration  of  justice  between  membeis 

12954  of  the  several  tribes  of  the  said  Territory,  and  persons  other 

12955  than  Indians  and  members  of  said  tribes  or  nations,  the  cou- 

12956  struction  of  works  of  internal  improvement,  and  the  common 

12957  defence  and  safety  ot  the  nations  of  the  said  Territory.     All 

12958  laws  enacted   by  said  council   shall  take  effect  at  the   times 

12959  therein  provided,  unless   suspended  by  the   Secretary  of  the 

12960  Interior  or  the  President  of  the  United  States.    No  law  shall 

12961  be  enacted  inconsistent  with   the  Constitution  of  the  United 

12962  States   or  the   laws   of    Congress,  or   existing   treaty   stipula- 

12963  tions  with  the  United  States ;  nor  shall  said  council  legislate 

12964  upon  matters  pertaining  to  the  .legislative,  judicial,  or  other  or- 


291 

12965  gauizatiou,  laws,  or  customs  of  the  several  tribes  or  nations,  ex- 

12966  cept  as  herein  provided  for. 

12967  5.  Said  council  shall  be  presided  over  by  the  superintendent 

12968  of  Indian  affairs,  or,  in  case  of  his  absence  from  any  cause,  the 

12969  duties  of  the  superintendent  enumerated  in  this  article  shall  be 

12970  performed  by  such  person  as  the  Secretary  of  the  Interior  shall 

12971  indicate. 

12972  6.  The  Secretary  of  the  Interior  shall  appoint  a  secretary 

12973  of  said  council,  whose  duty  it  shall  be  to  keep  an  accurate  record 

12974  of  all  the  proceedings  of  said  council,  and  to  transmit  a  true  copy 

12975  thereof,  duly  certified  by  the  superintendent  of  Indian  affairs, 

12976  to  the  Secretary  of  the  Interior,  immediately  after  the  sessions 

12977  of  said  council  shall  terminate.     He  shall  be  paid  five  hundred 

12978  dollars,  as  an  annual  salary,  by  the  United  States. 

12979  7.  The  members  of  the  said  council  shall  be  paid  by  the 

12980  United  States  four  dollars  per  diem  while  in  actual  attendance 

12981  thereon,  and  four  dollars  mileage  for  every  twenty  miles  going 

12982  aud  returning  therefrom  by  the  most  direct  route,  to  be  certified 

12983  by  the  secretary  of  said  council  and  the  presiding  officer. 

12984  8.  The  Choctaws  and  Chickasaws  also  agree  that  a  court  or 

12985  courts  may  be  established  in  said  Territory  with  such  jurisdiction 

12986  and  organization  as  Congress  may  prescribe :  Provided,  That  the 

12987  same  shall  not  interfere  with  the  local  judiciary  of  either  of  said 

12988  nations. 

12989  9.  Whenever  Congress  shall  authorize  the  appointment  of  a 

12990  Delegate  from  said  Territory,  it  shall  be  the  province  of  said 

12991  council  to  elect  one  from  among  the  nations  represented  in  said 

12992  council. 

12993  10.  And  it  is  further  agreed  that  the  superintendent  of  In- 

12994  dian  affairs  shall  be  the  executive  of  the  said  Territory,  with  the 

12995  title  of  "  governor  of  the  Territory  of  Oklahoma,"  and  that  there 

12996  shall  be  a  secretary  of  the  said  Territory,  to  be  appointed  by  the 

12997  said  superintendent ;  that  the  duty  of  the  said  governor,  in  addi- 

12998  tiou  to  those  already  imposed  on  the  superintendent  of  Indian 

12999  affairs,  shall  be  such  as  properly  belong  to  an  executive  officer 

13000  charged  with  the  execution  of  the  laws,  which  the  said  council 

13001  is  authorized  to  enact  Under  the  provisions  of  this  treaty;  and 

13002  that  for  this  purpose  he  shall  have  authority  to  appoint  a  marshal 

13003  of  said  Territory  and  an  interpreter,  the  said  marshal  to  appoint 

13004  such  deputies,  to  be  paid  by  fees,  as  may  be  required  to  aid  him 

13005  in  the  execution  of  his  proper  functions,  and  be  the  marshal  of 

13006  the  principal  court  of  said  Territory  that  may  be  established 

13007  under  the  provisions  of  this  treaty. 

13008  11.  And  the  said  marshal  and  the  said  secretary  shall  each 

13009  be  entitled  to  a  salary  of  five  hundred  dollars  per  annum,  to  be 

13010  paid  by  the  United  States,  and  such  fees  in  addition  thereto  as 


292 

13011  shall  be  established  by  said  governor,  with  the  approbation  of 

13012  the  Secretary  of  the  Interior,  it  being  understood  that  the  said 

13013  fee-lists  may  at  any  time  be  corrected  and  altered  by  the  Secre- 

13014  tary  of  the  Interior,  as  the  experience  of  the  system  proposed 

13015  herein  to  be  established  shall  show  to  be  necessary,  and  shall  in 
13010  no  case  exceed  the  fees  paid  to  marshals  of  the  United  States 

13017  for  similar  services.    The  salary  of  the  interpreter  shall  be  live 

13018  hundred  dollars,  to  be  paid  in  like  manner  by  the  United  States. 

13019  12.  And  the  United  States  agree  that  in  the  appointment 

13020  of  marshals  and  deputies,  preference,  qualifications  being  equal, 

13021  shall  be  given  to  competent  members  of  the  said  nations,  the 

13022  object  being  to  create  a  laudable  ambition  to  acquire  the  experi- 

13023  ence  necessary  for  political  offices  of  importance  in  the  respective 

13024  nations. 

13025  13.  And  whereas  it  is  desired   by  the  said  Choctaw  and 
1302G  Chickasaw  Nations  that  the  said  council  should  consist  of  an 

13027  upper  and  lower  house,  it  is  hereby  agreed  that,  whenever  a 

13028  majority  of  the  tribes  or  nations  represented  in  said  council  shall 

13029  desire  the  same,  or  the  Congress  of  the  United  States  shall  so 

13030  prescribe,  there  shall  be,  in  addition  to  the  council  now  provided 

13031  for,  and  which  shall  then  constitute  the  lower  house,  an  upper 

13032  house,  consisting  of  one  member  from  each  tribe  entitled  to  rep- 

13033  resentation  in  the  council  now  provided  for,  the  relations  of  the 

13034  two  houses  to  each  other  being  such  as  prevail  in  the  States  of 

13035  the  United  States,  each  house  being  authorized  to  choose  its  pre- 
13030  siding  officer  and  clerk  to  perform  the  duties  appropriate  to  such 

13037  offices;  and  it  being  the  duty,  in  addition,  of  the  clerks  of  each 

13038  house  to  make  out  and  transmit  to  the  territorial  secretary  fair 

13039  copies  of  the  proceedings  of  the  respective  houses  immediately 

13040  after   their    respective   sessions,  which  copies   shall    be   dealt 
K.041  with  by  the  said  secretary  as   is  now  provided  in  the  case  of 

13042  copies  of  the  proceedings  of  the  council  mentioned  in  this  act, 

13043  and  the  said  clerks  shall  each  be  entitled  to  the  same  per  diem 

13044  as  members  of  the  respective  houses,  anil  the  presiding  officers 

13045  to  double  that  sum. 

1304G  ARTICLE  9.    Such  sums  of  money  as  have,  by  virtue  of 

13047  treaties  existing  in  the  year  eighteen  hundred  and  sixty-one, 

13048  been  invested  for  the  purposes  of  education,  shall  remain  so  iit- 

13049  vested,  and  the  interest  thereof  shall  be  applied  for  the  same 

13050  purposes,  in  such  manner  as  shall  be  designated  by  the  legisla- 

13051  tive  authorities  of  the  Choctaw   and  Chickasaw  Nations,  re- 

13052  spectively. 

13053  ARTICLE  10.   The  United  States  re-affirm*  all  obligations 

13054  arising  out  of  treaty  stipulations  or  acts  of  legislation  with  re- 

13055  gard  to  the  Choctaw  and  Chickasaw  Nations,  entered  into  prior 
13050  to  the  late  rebellion,  and  in  force  at  that  time,  not  inconsistent 


293 

13057  herewith;  and  farther  agrees  to  renew  the  payment  of  all  anrm- 

13058  ities  and  others  moneys  accruing'  under  such  treaty  stipulations 

13059  and  acts  of  legislation,  from  and  after  the  close  of  the  iiscal 

13000  year  ending  on  the  thirtieth  of  June,  in  the  year  eighteen  Imu- 
130G1  tired  and  sixty-six. 

13002  ARTICLE  11.  Whereas  the  land  occupied  by  the  Choctaw  and 

13003  Chickasaw  Nations,  and  described  in  the  treaty  between  the 

13001  United    Stales    and    said    nations,    of    June    twenty-second, 
13005  eighteen  hundred  and  fifty- five,  is  now  held  by  the  members  of 
13000  said  nations  in  common,  under  the  provisions  of  the  said  treaty; 

13007  and  whereas  it  is  believed  that  the  holding  of  said  land  in  sever- 

13008  alty  will  promote  the  general  civilization  of  said  nations,  and  tend 

13009  to  advance  their  permanent  welfare  and  the  best  interests  of 

13070  their  individual  members,  it  is  hereby  agreed  that,  should  the 

13071  Choctaw  and  Chickasaw  people,  through  their  respective  legis- 

13072  lative  councils,  agree   to  the  survey  and   dividing  their  land 

13073  on  the  system  of  the  United  States,  the  land  aforesaid  east  of 

13074  the  ninety-eighth  degree  of  west  longitude  shall  be,  in  view  of 

13075  the  arrangements  hereinafter  mentioned,  surveyed  and  laid  off 

13076  in  ranges,  townships,  sections,  and  parts  of  sections;  and  that 

13077  for  the  purpose  of  facilitating  such  surveys  and  for  the  settle- 

13078  meiit   and   distribution  of  said  land   as   hereinafter   provided, 

13079  there  shall  be  established  at  Boggy  Depot,  in  the  Choctaw  Ter- 

13080  ritory,  a  land-ofiice;  and  that,  in  making  the  said  surveys  and 

13081  conducting  the  business  of  the  said  office,  including  the  appoint- 

13082  ment  of  all  necessary  agents  and  surveyors,  the  same  system 

13083  shall  be  pursued  which  has  heretofore  governed  in  respect  to  the 

13084  public  lands  of  the  United  States,  it  being  understood  that  the 

13085  said  surveys  shall  be  made  at  the  cost  of  the  United  States  and 
13080  by  their  agents  and  surveyors,  as  in  the  case  of  their  own  pub- 

13087  lie  lands,  and  that  the  officers  and  employes  shall  receive  the 

13088  same  compensation  as  is  paid  to  officers  and   employes  in   the 

13089  land  offices  of  the  United  States  in  Kansas. 

13090  ARTICLE  12.    The  maps  of  said  surveys  shall  exhibit,  as 

13091  far  as  practicable,  the  outlines  of  the  actual  occupancy  of  mem- 

13092  bers  of  the  said  nations,  respectively ;  and  when  they  are  com- 

13093  pleted,  shall  be  returned  to  the  said  land-ofiice  at  Boggy  Depot 

13094  for  inspection  by  all  parties  interested,  when  notice  for  ninety 

13095  days  shall  be  given  of  such  return,  in  such  manner  as  the  legisla- 
1309G  tive  authorities  of  the  said  nations,  respectively,  shall  prescribe, 

13097  or,  in  the  event  of  said  authorities  failing  to  give  such  notice  in 

13098  a  reasonable  time,  in  such  manner  as  the  register  of  said  laud- 

13099  office  shall  prescribe,  calling  upon  all  parties  interested  to  ex- 

13100  amine  said  maps  to  the  end  that  errors,  if  any,  in  the  location 

13101  of  such  occupancies,  may  be  corrected. 

13102  ARTICLE  13.  The  notice  required  in  the  above  article  shall 


294 

13103  be  given,  not  only  in  the  Choctaw  and  Chickasaw  Nations,  but 

13104  by  publication  in  newspapers  printed  in  the  States  of  Mississippi 

13105  and  Tennessee,  Louisiana,  Texas,  Arkansas,  and  Alabama,  to 
13100  the  end  that  such  Ohoctaws  and  Ckickasaws  as  yet  remain  out- 

13107  side  of  the  Choctaw  and  Chickasaw  Nations,  may  be  informed 

13108  and  have  opportunity  to  exercise  the  rights  hereby  given    to 
13101)  resident  Choctaws  and  Chickasaws  :  Provided,  That  before  any 
13 L10  such  absent  Choctaw  or  Chickasaw  shall  be  permitted  to  select 

13111  for  him  or  herself,  or  others,  as  hereinafter  provided,  he  or  she 

13112  shall  satisfy  the  register  of  the  land-office  of  his  or  her  intention, 

13113  or  the  intention  of  the  party  for  whom  the  selection  is  to  be 

13114  made,  to  bcome  bona-fide  resident  in  the  said  nation  within  five 

13115  years  from  the  time  of  selection;  and  should  the  said  absentee 

13116  fail  to  remove  into  said  nation,  and  occupy  and  commence  an  im- 

13117  provement  on  the  land  selected  within  the  time  aforesaid,  the 

13118  said  selection  shall  be  cancelled,  and  the  land  shall  thereafter  be 
13110  discharged  from  all  claim  on  account  thereof. 

13120  ARTICLE  14  At  the  expiration  of  the  ninety  days  aforesaid 

13121  the  legislative  authorities  of  the  said  nations,  respectively,  shall 

13122  have  the  right  to  select  one  quarter- section  of  land  in  each  of  the 

13123  counties  of  said  nations  respectively,  in  trust  for  the  establish  - 

13124  ment  of  seats  of  justice  therein,  and  also  as  many  quarter-sec- 

13125  tions  as  the  said  legislative  councils  may  deem  proper  for   the 
1312G  permanent  endowment  of  schools,  sem  inaries,  and  colleges  in  said 

13127  nation,  provided  such  selection  shall  not  embrace  or  interfere 

13128  with  any  improvement  in  the  actual  occupation  of  any  member 

13129  of  the  particular  nation  without  his  consent ;  and  provided  the 

13130  proceeds  of  sale  of  the  quarter-sections  selected  for  seats  of  jus- 

13131  tice  shall  be  appropriated  for  the  erection  or  improvement  of  pub- 

13132  lie  buildings  in  the  county  in  which   it  is  located. 

13133  ARTICLE  15.  At  the  expiration  of  the  ninety  days'  notice 

13134  aforesaid,  the  selection  which  is  to  change  the  tenure  of  the  land 

13135  in  the  Choctaw  and  Chickasaw  Nations  from  a  holding  in  common 

13136  to  a  holding  in  several ty  shall  take  place,  when  every  Choctaw 

13137  and  Chickasaw  shall  have  the  right  to  one  quarter-section  of 

13138  land,  whether  male  or  female,  adult  or  minor,  and  if  in  actual 

13139  possession  or  occupancy  of  land  improved  or  cultivated  by  him 

13140  or  her,  shall  have  a  prior  right  to  the  quarter-section  in  which 

13141  his  or  her  improvement  lies ;  and  every  infant  shall  have  selected 

13142  for  him  or  her  a  quarter-section  of  land  in  such  location  as  the 

13143  father  of  such  infant,  if  there  be  a  father  iving,  and  if  no  father 

13144  living,  then  the  mother  or  guardian,  and  should  there  be  neither 

13145  father,  mother,  nor  guardian,  then  as  the    probate  judge  of  the 

13146  county,  acting  for  the  best  interest  of  such  infant,  shall  select. 

13147  ARTICLE  16.  Should  an  actual  occupant  of  land  desire,  at 

13148  any  time  prior  to  the  commencement  of  the  surveys  aforesaid, 


295 

13149  to  abandon  bis  improvement,  and   select  and  improve  other 

13150  iand,  so  as  to  obtain  the  prior  right  of  selection  thereof,  he  or 

13151  she  shall  be  at  liberty  to  do  so;  in  which  event  the  irnprove- 

13152  ineut  so  abandoned  shall  be  open  to  selection  by  other  parties : 

13153  Provided,  That  nothing  herein  contained  shall,  authorize  the 

13154  multiplication  of  improvements  so  as  to  increase  the  quantity  oi 

13155  land  beyond  what  a  party  would  be  entitled  to  at  the  date  of 

13156  this  treaty. 

13157  ARTICLE  17.  No  selection  to  be  made  under  this  treaty  shall 

13158  be  permitted  to  deprive  or  interfere  with  the  continued  occupa- 

13159  tion  by  the  missionaries  established  in  the  respective  nations  of 

13160  their  several  missionary  establishments;  it  being  the  wish  of 

13161  the  parties  hereto  to  promote  and  foster  an  influence  so  largely 

13162  conducive  to  civilization  and  refinement.     Should  any  mission- 

13163  ary  who  has  been  engaged  in  missionary  labor  for  five  consecu- 

13164  tive  years  before  the  date  of  this  treaty  in  the  said  nations,  or 

13165  either  of  them,  or  three  consecutive  years  prior  to  the  late  re- 

13166  bellion,  and  who,  if  absent  from  the  said  nations,  may  desire  to 

13167  return,  wish  to  select  a  quarter-section  of  land  with  a  view  to  a 

13168  permanent  home  for  himself  and  family,  he  shall  have  the  priv- 

13169  ilege  of  doing  so,  provided  no  selection  shall  include  any  public 

13170  buildings,  schools  or  seminary  ;  and  a  quantity  of  land  not  ex- 

13171  ceeding  six  hundred  and  forty  acres  to  be  selected  according  to 

13172  legal  subdivisions  in  one  body,  and  to  include  their  improve- 

13173  ments,  is  hereby  granted  to  every  religious  society  or  denomi- 

13174  nation  which  has  erected,  or  which,  with  the  consent  of  the  In- 

13175  dians,  may  hereafter  erect  buildings  within  the  Choctaw  and 

13176  Chickasavv  country  for  missionary  or  educational  purposes;  but 

13177  no  land  thus  granted,  nor  the  buildings  which  have  been  or  may 

13178  be  erected  thereon,  shall  ever  be  sold  or  otherwise  disposed  of, 

13179  except  with  the  consent  of  the  legislatures  of  said  nations  re- 

13180  spectively  and  approval  of  the  Secretary  of  the  Interior ;  and 

13181  whenever  such  lauds  or  buildings  shall  be  sold  or  disposed  of 

13182  the  proceeds  thereof  shall  be  applied,  under  the  direction  of  the 

13183  Secretary  of  the  Interior,  to  the  support  and  maintenance  of 

13184  other  similar  establishments  for  the  benefit  of  the  Choctaws  and 

13185  Chiekasaws,  and  such  other  persons  as  may  hereafter  become 

13186  members  of  their  nations,  according  to  their  laws,  customs,  and 

13187  usages. 

13188  ARTICLE  18.  In  making  a  selection  tor  children  the  parent 

13189  shall  have  a  prior  right  to  select  laud  adjacent  to  his  own  im- 

13190  provements  or  selection,  provided  such  selection  shall  be  made 

13191  within  thirty  days  from  the  time  at  which  selections  under  this 

13192  treaty  commence. 

13193  ARTICLE  19.  The  manner  or  selecting  as  aforesaid  shall  be 

13194  by  an  entry  with  the  register  of  the  land-office,  and  all  selec- 


296 

13195  tioDS  shall  be  made  to  conform  to  the  legal  subdivisions  of  the 

13106  said  lands  as  shown  by  the  surveys  aforesaid  on  the  maps  afore- 

13107  said  ;  it  being  understood  that  nothing  herein  contained  is  to  be 

13108  construed  to  confine  a  party  selecting  to  one  section,  but  he  may 
13100  take  contiguous  parts  of  sections  by  legal  subdivisions  in  differ 

13200  eut  sections,  not  exceeding  together  a  quarter-section. 

13201  ARTICLE  20.  Prior  to  any  entries  being  made  under  the 

13202  foregoing   provisions,  proof  of  improvements,  or  actual  cultiva 

13203  tion,  as  well  as  the  number  of  persons  for  whom  a  parent  or 

13204  guardian,  or  probate  judge  of  the  county  proposes  to  select,  and 

13205  of  their  right  to  select,  and  of  his  or  her  authority  to  select,  for 
13200  them,  shall  be  made  to  the  register  and  receiver  of  the  land- 

13207  office,  under  regulations  to  be  prescribed  by  the  Secretary  of  the 

13208  Interior. 

13200  ARTICLE  21.  In  every  township  the  sections  of  land  numbered 

13210  sixteen  and  thirty-six  shall  be  reserved  for  the  support  of  schools 

13211  in  said  township:  Prorifled,  That  if  the  same  has  been  already 

13212  occupied  by  a  party  or  parties  having  the  right  to  select  it,  or  it 

13213  shall  be  so  sterile  as  to  be  unavailable,  the  legislative  authori- 

13214  ties  of  the  particular  nations  shall  have  the  right  to  select  such 

13215  other  unoccupied  sections  as  they  may  think  proper. 

13210  ARTICLE  22.  The  right  of  selection  hereby  given  shall  not 

13217  authorize  the  selection  of  any  land  required  by   the    United 

13218  States  as  a  military  post,  or  Indian  agency,  not  exceeding  one 
13210  mile  square,  which,  when   abandoned,  shall  revert  to  the  nation 

13220  in  which  the  land  lies. 

13221  ARTICLE  23.  The  register  of  the  laud-office  shall  inscribe  in 

13222  a  suitable  book  or  books,  in  alphabetical  order,  the  name  of  every 

13223  individual  for   whom  a  selection  shall  be  made,  his  or  her  age, 

13224  and  a  description  of  the  land  selected. 

13225  ARTICLE  24.  Whereas  it  may  be  difficult  to  give  to  each 
13220  occupant  of  an  improvement  a  quarter-section  of  land,  or  even 

13227  a  smaller  subdivision,  which  shall  include  such  improvement,  in 

13228  consequence  of  such  improvements  lying  in  towns,  villages,  or 
13220  hamlets,  the  legislative  authorities  of  the  respective  nations 

13230  shall  have  power,  where,  in  their  discretion,  they  think  it  expe- 

13231  dient,  to  lay  oil'  into  town  lots  any  section  or  part  of  a  section 

13232  so  occupied,  to  which  lots  the  actual  occupants,  being  citi/cns 

13233  of  the  respective  nations,  shall  have  pre-emptive  right,  jiu  ,1,  upon 

13234  paying  into  the  treasury  of  the  particular  nation  the  price  of  the 

13235  land,  as  fixed  by  the  respective  legislatures,  exclusive  of  the 

13236  value  of  said  improvement,  shall  receive  a  conveyance  thereof. 

13237  Such  occupant  shall  not  be  prejudiced  thereby  in  his  right  to 

13238  his  selection  elsewhere.     The  town  lots  which  may  be  unoccu- 
13230  pied  shall  be  disposed  of  for  the  benefit  of  the  particular  nation > 
13240  as  the  legislative  authorities  may  direct  from   time   to  time. 


297 

13241  When  the  number  of  occupants  of  the  same  quarter-section  shall 

13241}  not  be  such  as  to  authorize  the  legislative  authorities  to  lay  out 

13243  the  same,  or  any  part  thereof,  into  town  lots,  they  may  make 

13244  such  regulations  for  the  disposition  thereof  as  they  may  deem 

13245  proper,  either  by  subdivision  of  the  same,  so  as  to  accommodate 

13246  the  actual  occupants,  or  by  giving  the  right  of  prior  choice  to 

13247  the  first  occupant  in  point  of  time,  upon  paying  the  others  for 

13248  their  improvements,  to   be  valued  in   such  way  as  the  legisla- 
13240  tive  authorities  shall  prescribe,  or  otherwise.     All   occupants 

13250  retaining  their  lots  under  this  section,  and  desiring,  in  addition, 

13251  to  make  a  selection,  must  pay  for  the  lots  so  retained,  as  in  the 

13252  case  of  town  lots.     And  any  Ohoctaw  or  Chickasaw  who  may 

13253  desire  to  select  a  sectional  division  other  than  that  on  which  his 

13254  homestead  is,  without  abandoning  the  latter,  shall  have   the 

13255  right  to  purchase  the  homestead  sectional  division  at  such  price 
1325G  as  the  respective  legislatures  may  prescribe. 

13257  ARTICLE  25.  During  ninety  days  from  the  expiration  of  the 

13258  ninety  days7  notice   aforesaid,  the  Choctaws  and  Chickasaws 
13250  shall  have  the  exclusive  right  to  make  selections,  as  aforesaid, 
132GO  and  at  the  end  of  that  time  the  several  parties  shall  be  entitled 
132G1  to  patents  for  their  respective  selections,  to  be  issued  by  the 

13262  Presidetit  of  the  United  States,  and  countersigned  by  the  chief 

13263  executive  officer  of  the  nation  in  which  the  land  lies,  and  re- 

13264  corded  in  the  records  of  the  executive  office  of  the  particular 

13265  nation  ;  and  copies  of  the  said  patents,  under  seal,  shall  be 

13266  evidence  in  any  court  of  law  or  equity. 

13267  ARTICLE    26.    The   right    here    given   to  Choctaws    and 

13268  Chickasaws,  respectively,  shall  extend  to  all  persons  who  have 
13260  become  citizens  by  adoption  or  intermarriage  of  either  of  said 

13270  nations,  or  who  may  hereafter  become  such. 

13271  ARTICLE  27.  In  the  event  of  disputes  arising  in  regard  to 

13272  the  rights  of  parties  to  select  particular  quarter-sections  or  other 

13273  divisions  of  said  land,  or  in  regard  to  the  adjustment  of  bound- 

13274  aries,  so  as  to  make  them  conform  to  legal  divisions  and  sub- 

13275  divisions,  such  disputes  shall  be  settled  by  the  register  of  the 

13276  land-office  and  the  chief  executive  officer  of  the  nation  in  which 

13277  the  land  lies,  in  a  summary  way,  after  hearing  the  parties;  and 

13278  if  said  register  and  chief  officer  cannot  agree,  the  two  to  call  in 
13270  a  third  party,  who  shall  constitute  a  third  referee,  the  decision 

13280  of  any  two  of  whom  shall  be  final,  without  appeal. 

13281  ARTICLE  28.  Nothing  contained  in  any  law  of  either  of  the 

13282  said  nations  shall  prevent  parties  entitled  to  make  selections 

13283  contiguous   to  each  other  ;  and  the  Choctaw  and  Chickasaw 

13284  Nations  hereby  agree  to  repeal  all  laws  inconsistent  with  this 

13285  provision. 

13286  'ARTICLE  20.  Selections   made  under  this  treaty  shall,  to 

38  I  T 


298 

13287  the  extent  of  one  quarter-section,  including  the  homestead  or 

13288  dwelling,  be  inalienable  for  the  period  of  twenty-one  years  from 

13289  the  date  of  such  selection,  and  upon  the  death  of  the  party  in 

13290  possession  shall  descend  according  to  the  laws  of  the  nation 

13291  where  the  land  lies ;  and  in  the  event  of  his  or  lier  death  with- 

13292  out  heirs,  the  said  quarter-section  shall  escheat  to  and  become 

13293  the  property  of  the  nation. 

13294  ARTICLE  30.   The   Choc  taw   and    Chickasaw   Nations  will 

13295  receive  into  their  respective  districts,  east  of  the  ninety-eighth 

13296  degree  of  west  longitude,  in  the  proportion  of  one-fourth  in  the 

13297  Chickasaw  and  three-fourths  in  the  Choctaw  Nation,  civilized 

13298  Indians  from  the  tribes  known  by  the  general  name  of  the  Kan- 

13299  sas  Indians,  being  Indians  to  the  north  of  the  Indian  Territory, 

13300  not  exceeding  ten  thousand  in  number,  who  shall  have  in  the 

13301  Choctaw  and  Chickasaw  Nations,  respectively,  the  same  rights 

13302  as  the  Choctaws  and  Chickasaws,  of  whom  they  shall  be  the 

13303  fellow-citizens,  governed  by  the  same  laws  and  enjoying  the 
13301  same  privileges,  with  the  exception  of  the  right  to  participate 

13305  in  the  Choctaw  and  Chickasaw  annuities  and  other  moneys,  and 

13306  in  the  public  domain,  should  the  same,  or  the  proceeds  thereof, 

13307  be  divided  per  capita  among  said  Choctaws  and  Chickasaws,  and 

13308  among  others  the  right  to  select  land  as  herein  provided  for 

13309  Choctaws  and  Chickasaws,  after  the  expiration  of  the  ninety 

13310  days  during  which  the  selections  of  land  are  to  be  made,  as 

13311  aforesaid,  by  said  Choctaws  and  Chickasaws;  and  the  Choctaw 

13312  and  Chickasaw  Nations  pledge  themselves  to  treat  the  said 

13313  Kansas  Indians  in  all  respects  with  kindness  and  forbearance, 

13314  aiding  them  in  good  faith  to  establish  themselves  in  their  new 

13315  homes,  and  to  respect  all  their  customs  and  usages  not  incon- 

13316  sistent  with  the  constitution  and  laws  of  the  Choctaw  and  Chick- 

13317  asaw  Nations  respectively.    In  making  selections  after  the  ad- 

13318  vent  of  the  Indians  and  the  actual  occupancy  of  laud  in  said 

13319  nation,  such  occupancy  shall  have  the  same  effect  in  their  behalf 

13320  as^the  occupancies  of  Choctaws  and  Chickasaws  ;  and  after  the 

13321  said  Choctaws  and  Chickasaws  have  made  their  selections  as 

13322  aforesaid,  the  said  persons  of  African  descent  mentioned  in  the 
33323  third  article  of  the  treaty  shall  make  their  selections  as  therein 

13324  provided,  in  the  event  of  the  making  of  the  laws,  rules,  and 

13325  regulations  aforesaid,  after  the  expiration  of  ninety  days  from 

13326  the  date  at  which  the  Kansas  Indians  are  to  make  their  selec- 

13327  tions  as  therein  provided,  and  the  actual  occupancy  of  such 

13328  persons  of  African  descent  shall  have  the  same  effect  in  their 

13329  behalf  as  the  occupancies  of  the  Choctaws  and  Chickasaws. 

13330  ARTICLE  31.  And  whereas  some  time    must    necessarily 

13331  elapse  before  the  surveys,  maps,  and  selections  herein  provided 

13332  for  can  be  completed  so  as  to  permit  the  said  Kansas  Indians  to 


299 

13333  make  their  selections  in   their  order,  during  which  time  the 

13334  United  States  may  desire  to  remove  the  said  Indians  from  their 

13335  present  abiding  places,  it  is  hereby  agreed  that  the  said  Indians 
13330  may  at  once  come  into  the  Choctaw  and  Chickasaw  Nations, 

13337  settling  themselves  temporarily  as  citizens  of  the  said  nations, 

13338  respectively,  upon  such  land  as  suits  them  and  is  not  already 

13339  occupied. 

13310  ARTICLE  32.  At  the  expiration  of  two  years,  or  sooner,  if 

13341  the  President  of  the  United  States  shall  so  direct,  from  the  com- 

13342  pletion  of  the  surveys  and  maps  aforesaid,  the  officers  of  the 

13343  laud-offices  aforesaid  shall  deliver  to  the  executive  departments 

13344  of  the  Choctaw  and  Chickasaw  Nations,  respectively,  all  such 

13345  documents  as  may  be  necessary  to  elucidate  the  land-title  as 

13346  settled  according  to  this  treaty,  and  forward  copies  thereof,  with 

13347  the  field-notes,  records,   and  other  papers  pertaining  to  said 

1 3348  titles,  to  the  Commissioner  of  the  General  Land-Office ,  and  there- 

13349  after  grants  of  land  and  patents  therefor  shall  be  issued  in  such 

13350  manner  as  the  legislative  authorities  of  said  nations  may  pro- 

13351  vide  for  all  the  unselected  portions  of  the  Choctaw  and  Chickasaw 

13352  districts  as  defined  by  the  treaty  of  June  twenty-second,  eighteen 

13353  hundred  and  fifty-five. 

13354  ARTICLE  33.  All  lands  selected  as  herein  provided  shall 

13355  thereafter  be  held  in  severalty  by  the  respective  parties,  and  the 

13356  unselected  land  shall  be  the  common  property  of  the  Choctaw 

13357  and  Chickasaw  Nations,  in  their  corporate  capacities,  subject  to 

13358  the  joint  control  of  their  legislative  authorities. 

13359  ARTICLE  34.  Should  any  Choctaw  or  Chickasaw  be  pre- 
13360  vented  from  selecting  for  him  or  herself  during  the  the  ninety 

13361  days  aforesaid,  the  failure  to  do  so  shall  not  authorize  another 

13362  to  select  the  quarter-section  containing  his  improvement,  but  he 

13363  may  at  any  time  make  his  selection  thereof,  subject  to  having 

13364  his  boundaries  made  to  conform  to  legal  divisions  as  aforesaid. 

13365  ARTICLE  35.  Should  the  selections  aforesaid  not  be  made 

13366  before  the  transfer  of  the  laud  records  to  the  executive  authori- 

13367  ties  of  said  nations,  respectively,  they  shall  be  made  according 

13368  to  such  regulations  as  the  legislative  authorities  of  the  two 

13369  nations,  respectively,  may  prescribe,  to  the  end  that  full  justice 

13370  and  equity  may  be  done  to  the  citizens  of  the  respective  territo- 

13371  rics. 

13372  ARTICLE  36.  Should  any  laud  that  has  been  selected  under 

13373  the  provisions  of  this  treaty  be  abandoned  and  left  uncultivated 

13374  for  the  space  of  seven  years  by  the  party  selecting  the  same, 

13375  or  his  heirs,  except  in  the  case  of  infants  under  the  age  of 

13376  twenty-one  years,  or  married  women,  or  persons  non  compos 

13377  mentis,  the  legislative  authorities  of  the  nation  where  such  land 

13378  lies  may  either  rent  the  same  for  the  benefit  of  those  interested, 


300 

13379  or  dispose  of  the  same  otherwise  for  their  benefit,  and  may  pass 

13380  all  laws  necessary  to  give  effect  to  this  provision. 

13381  ARTICLE  37.  In  consideration  of  the  right  of  selection  here- 

13382  inbefore  accorded  to  certain  Indians  other  than  the  Choctaws 

13383  and  Chickasaws,  the  United  States  agree  to  pay  to  the  Choctaw 
13381  and  Chickasaw  Nations,  out  of  the  funds  of  Indians  removing 

13385  into  said  nations  respectively,  under  the  provisions  of  this  treaty ? 

13386  such  sum  as  may  be  fixed  by  the  legislatures  of  said  nations, 

13387  not  exceeding  one  dollar  per  acre,  to  be  divided  between  the  said 

13388  nations  in  the  proportion  of  one-fourth  to  the  Chickasaw  Nation 

13389  and  three-fourths  to  the  Choctaw  Nation,  with  the  understand. 

13390  ing  that  at  the  expiration  of  twelve  months  the  actual  number 

13391  of  said  immigrating  Indians  shall  be  ascertained,  and  the  amount 

13392  paid  that  may  be  actually  due  at  the  rate  aforesaid;  and  should 

13393  still  further  immigrations  take  place  from  among  said  Kansas 

13394  Indians,  still  further  payments  shall  be  made  accordingly  from 

13395  time  to  time. 

1339G  ARTICLE  38.  Every  white  person  who,  having    married  a 

13397  Choctaw  or  Chickasaw,  resides  in  the  said  Choctaw  or  Cliicka- 

13398  saw  Nation,  or  who  has  been  adopted  by  the  legislative  author  - 

13399  ities,  is  to  be  deemed  a  member  of  said  nation,  and  shall  be 

13400  subject  to  the  laws  of  the  Choctaw  and   Chickasaw  Nations 

13401  according  to  his  domicile,  and  to  prosecution  and  trial  before 

13402  their  tribunals,  and  to  punishment  according  to  their  laws  in  all 

13403  respects  as  though  he  was  a  native  Choctaw  or  Chickasaw. 

13404  ARTICLE  39.  No  person  shall  expose  goods  or  other  articles 

13405  for  sale  as  a  trader  without  a  permit  of  the  legislative  authorities 

13406  of  the  nation  he  may  propose  to  trade  in ;  but  no  license  shall  be 

13407  required  to  authorize  any  member  of  the  Choctaw  or  Chickasaw 

13408  Nations  to  trade  in  the  Choctaw  or  Chickasaw  country  who  is 

13409  authorized  by  the  proper  authority  of  the  nation,  nor  to  authorize 

13410  Choctaws  or  Chickasaws  to  sell  flour,  meal,  meat,  fruit,  and 

13411  other  provisions,  stock,  wagons,  agricultural  implements,  or  tools 

13412  brought  from  the  United  States  into  the  said  country. 

13413  ARTICLE  40.  All  restrictions  contained  in  any  treaty  here- 

13414  tofore  made,  or  in  any  regulation  of  the  United  States  upon  the 

13415  sale  or  other  disposition  of  personal  chattel  property  by  Choc- 

13416  taws  or  Chickasaws  are  hereby  removed. 

13417  ARTICLE  41.  All  persons  who  are  members  of  the  Choctaw 

13418  or  Chickasaw  Nations,  and  are  not  otherwise  disqualified  or  dis- 

13419  abled,  shall  hereafter  be  competent  witnesses  in  all  civil  and 

13420  criminal  suits  and  proceedings  in   any  courts  of  the   United 

13421  States,  any  law  to  the  contrary  notwithstanding. 

13422  ARTICLE  42.   The  Choctaw  and  Chickasaw  Nations  shall 

13423  deliver  up  persons  accused  of  crimes  against  the  United  States 

13424  who  may  be  found  within  their  respective  limits,  on  the  requisi- 


301 

13425  tion  of  the^governor  of  any  State,  for  a  crime  committed  against 

13426  the  laws  of  said  State,  and  upon  the  requisition  of  the  judge  of 

13427  the  district  court  of  the  United  States  for  the  district  within 

13428  which  the  crime  was  committed. 

13429  ARTICLE  43.  The  United  States  promise  and  agree  that  no 

13430  white  person,  except  officers,  agents,  and  employes  of  the  Gov- 

13431  eminent,  and  of  any  internal  improvement  company,  or  persons 

13432  travelling  through,  or  temporarily  sojourning  in,  the  said  nations, 

13433  or  either  of  them,  shall  be  permitted  to  go  into  said  Territory, 

13434  unless  formally  incorporated  and  naturalized  by  the  joint  action 

13435  of  the  authorities  of  both  nations  into  one  of  the  said  nations 
1343G  of  Choctaws  and  Chickasaws,  according  to  their  laws,  customs, 
13437  or  usages;  but  this  article  is  not  to  be  construed  to  affect  parties 
1343S  heretofore  adopted,  or  to  prevent  the  employment  temporarily 

13439  of  white  persons  who  are  teachers,  mechanics,  or  skilled  in  agri- 

13440  culture,  or  to  prevent  the  legislative  authorities  of  the  respective 

13441  nations  from  authorizing  such  works  of  internal  improvement 

13442  as  they  may  deem  essential  to  the  welfare  and  prosperity  of  the 

13443  community,  or  be  taken  to  interfere  with  or  invalidate  any  action 

13444  which  has  heretofore  been  had  in  this  connection  by  either  of 

13445  the  said  nations. 

13446  ARTICLE  44.  Post-offices   shall  be  established  and  inain- 

13447  tained  by  the  United  States  at  convenient  places  in  theChoctaw 

13448  and  Chickasaw  Nations,  to  and  from  which  the  mails  shall  be 

13449  carried  at  reasonable  intervals,  at  the  rates  of  postage  prevail- 

13450  ing  in  the  United  States. 

13451  ARTICLE  45.  All  the   rights,   privileges,   and  immunities 

13452  heretofore  possessed  by  said  nations  or  individuals  thereof,  or  to 

13453  which  they  were  entitled  under  the  treaties  and  legislation  here- 

13454  tofore  made  and  had  in  connection  with  them,  shall  be,  and  are 

13455  hereby  declared  to  be,  in  full  force,  so  far  as  they  are  consistent 

13456  with  the  provisions  of  this  treaty. 

13457  ARTICLE  46.  Of  the  moneys  stipulated  to  be  paid  to  the 

13458  Choctaws  and  Chickasaws  under  this  treaty  for  the  cession  of 

13459  the  leased  district,  and  the  admission  of  the  Kansas  Indians 

13460  among  them,  the  sum  of  one  hundred  and  fifty  thousand  dollars 

13461  shall  be  advanced  and  paid  to  the  Choctaws,  and  fifty  thousand 

13462  dollars  to  the  Chickasaws,  through  their  respective  treasurers, 

13463  as  soon  as  practicable  after  the  ratification  of  this  treaty,  to  be 

13464  repaid  out  of  said  moneys  or  any  other  moneys  of  said  nations 

13465  in  the  hands  of  the  United  States ;  the  residue,  not  affected  by 

13466  any  provision  of  this  treaty,  to  remain  in  the  Treasury  of  the 

13467  United  States  at  an  annual  interest  of  five  per  cent.,  no  part  of 

13468  which  shall  be  paid  out  as  annuity,  but  shall  be  annually  paid 

13469  to  the  treasurer  of  said  nations,  respectively,  to  be  regularly  and 

13470  judiciously  applied,  under  the  direction  of  their  respective  legis- 


302 

13471  lative  councils,  to  the  support  of  their  government,  the  purposes 

13472  of  education,  and  such  other  objects  as  may  be  best  calculated 

13473  to  promote  and  advance  the  welfare  and  happiness  of  said  na- 

13474  tious  and  their  people  respectively. 

13475  ARTICLE  47.  As  soon  as  practicable  after  the  lauds  shall 
1347G  have  been  surveyed  and  assigned  to  the  Cboctaws  and  Chicka- 

13477  saws  in  severalty,  as  herein  provided,  upon  application  of  their 

13478  respective  legislative  councils,  and  with  the  assent  of  the  Pres- 

13479  ident  of  the  United  States,  all  the  annuities  and  funds  invested 
134SO  and  held  in  trust  by  the  United  States  for  the  benefit  of  said 

13481  nations  respectively  shall  be  capitalized  or  converted  into  money, 

13482  as  the  case  may  be ;  and  the  aggregate  amounts  thereof  beloug- 

13483  ing  to  each  nation  shall  be  equally  divided  and  paid  per  capita 

13484  to  the  individuals  thereof  respectively,  to  aid  and  assist  them 

13485  in  improving  their  homesteads  and  increasing  or  acquiring  flocks 

13486  and  herds,  and  thus  encourage  them  to  make  proper  efforts  to 
134S7  maintain  successfully  the  new  relations  Avhich  the  holding  of 

13488  their  lands  in  severalty  will  involve :  Provided,  nevertheless,  That 

13489  there  shall  be  retained  by  the  United  States  such  sum  as  the 

13490  President  shall  deem  sufficient  of  the  said  moneys  to  be  invested, 
^13491  that  the  interest  thereon  may  be  sufficient   to  defray  the  ex- 

13492  penses  of  the  government  of  said  nations  respectively,  together 

13493  with  a  judicious  system  of  education,  until  these  objects  can  be 

13494  provided  for  by  a  proper  system  of  taxation ;    and  whenever 

13495  this  shall  be  done  to  the  satisfaction  of  the  President  of  the 

13496  United  States,  the  moneys  so  retained  shall  be  divided  in  the 

13497  manner  and  for  the  purpose  above  mentioned. 

13498  ARTICLE  48.  Immediately  after  the  ratification  of  this  treaty 

13499  there  shall  be  paid,  out  of  the  funds  of  the  Choctaws  and  Chick  - 

13500  asaws  in  the  hands  of  the  United  States,  twenty-five  thousand  dol- 

13501  lars  to  theChoctawand  twenty-five  thousand  dollars  to  the  Chick- 

13502  asaw  commissioners,  to  enable  them  to  discharge  obligations  in- 

13503  curred  by  them  for  various  incidental  and  other  expenses  to  which 

13504  they  have  been  subjected,  and  for  which  they  are  now  indebted. 

13505  ARTICLE  49.  And  it  is  further  agreed  that  a  commission, 

13506  to  consist  of  a  person  or  persons  to  be  appointed  by  the  Presi- 

13507  dent  of  the  United  States,  not  exceeding  three,  shall  be  ap- 

13508  pointed  immediately  on  the  ratification  of  this  treaty,  who  shall 

13509  take  into  consideration  and  determine  the  claim  of  such  Choc- 

13510  taws  and  Chickasaws  as  allege  that  they  have  been  driven  during 

13511  the  late  rebellion  from  their  homes  in  the  Choctaw  [and  Chick  - 

13512  asaw]  Nations  on  account  of  their  adhesion  to  the  United  States, 

13513  for  damages,  with  power  to  make  such  award  as  may  be  con- 

13514  sistent  with  equity  and  good  conscience,  taking  into  view  all 

13515  circumstances,  whose  report,  when  ratified  by  the  Secretary  of 

13516  the  Interior,  shall  be  final,  and  authorize  the  payment  of  the 


303 

13517  amount  from  any  moneys  of  said  nations  in  the  bands  of  the 

13518  United  States  as  the  said  commission  may  award. 

13519  AUTICLE  50.  Whereas  Joseph  G.Heald  and  Reuben  Wright, 

13520  of  Massachusetts,  were  licensed  traders  in  the  Choctaw  country 

13521  at  the  commencement  of  the  rebellion,  and  claim  to  have  sus- 

13522  tamed  large  losses  on  account  of  said  rebellion,  by  the  use  of 

13523  their  property  by  said  nation,  and  that  large  sums  of  money 

13524  are  due  them  for  goods  and  property  taken,  or  sold  to  the  mem- 

13525  bers  of  said  nation,  and  money  advanced  to  said  nation  ;  and 
1352G  whereas  other  loyal  citizens  of  the  United  States  may   have 

13527  just  claims  of  the  same  character  :  It  is  hereby  agreed  and  stip- 

13528  ulated  that  the  commission  provided  for  in  the  preceding  arti- 

1 3529  cle  shall  investigate  said  claims,  and  fully  examine  the  same  ; 

13530  and  such  sum  or  sums  of  money  as  shall  by  the  report  of  said 

13531  commission,  approved  by  the  Secretary  of  the  Interior,  be  found 

13532  due  to  such  persons,  not  exceeding  ninety  thousand  dollars, 

13533  shall   be  paid   by   the  United  States  to  the  persons  entitled 

13534  thereto,  out  of  any  money  belonging  to  said  nation  in  the  pos- 

13535  session  of  the  United  States:  Provided,  That  no  claim  for  goods 
1353G  or  property  of  any  kind  shall  be  allowed  or  paid,  in  whole  or 

13537  part,  which  shall  have  been  used  by  said  nation  or  any  member 

13538  thereof  in  aid  of  the  rebellion,  with  the  consent  of  said  claim  - 

13539  ants  :  Provided  also,  That  if  the  aggregate  of  said  claims  thus 

13540  allowed  and  approved  shall  exceed  said  sum  of  ninety  thousand 

13541  dollars,  then  that  sum  shall  be  applied  pro  rata  in  payment  of  the 

13542  claims  so  allowed. 

13543  ARTICLE  51.  It  is  further   agreed   that  all  treaties   and 

13544  parts  of  treaties  inconsistent  herewith  be,  and  the  same  are 

13545  hereby,  declared  null  and  void. 

13546  Proclaimed  July  10,  1866. 


13547  COMANCHES  AND  WICHETAWS. 

13548  Treaty  with  the  Comanchc  and  Witchetaw  Indians  and  their  asso- 

13549  dated  lands. 

13550  For  the  purpose  of  establishing  and  perpetuating  peace  and 

13551  friendship  between  the   United  States  of  America  and  the  Co- 

13552  manche  and  Witchetaw  Nations,  and  their  associated  bands  or 

13553  tribes  of  Indians,  and  between  these  nations  or  tribes  and  the 

13554  Cherokee,   Muscogee,   Choctaw,   Osage,   Seneca,  and   Quapaw 

13555  Nations  or  tribes  of  Indians,  the  President  of  the  United  States 

13556  has,  to  accomplish  this  desirable  object,  and  to  aid  therein,  ap- 

13557  pointed  Governor  M.  Stokes,  M.  Arbuckle,  brigdi.-genl.  United 

13558  States  Army,  and  F.   W.  Armstrong,   acting  superintendent 


304 

13559  Western  Territory,  commissioners  on  the  part  of  the  United 

13560  States;  and   the   said  Governor  M.  Stokes,  and  M.  Arbuckle, 

13561  brigdi.-genl.  United  States  Army,  with  the  chiefs  and  repre- 

13562  sentatives  of  the  Cherokee,  Muscogee,  Choctaw,  Osage,  Seneca, 

13563  and  Quapaw  Nations  or  tribes  of  Indians,  have  met  the  chiefs, 

13564  warriors,  and  representatives  of  the  tribes  first  above  named  at 

13565  Camp  Holmes,  on  the  eastern  border  of  the  Grand  Prairie,  near 

13566  the  Canadian  Kiver,  in  the  Muscogee  Nation,  and,  after  full  delib- 

13567  eration,  the  said  nations  or  tribes  have  agreed  with  the  United 

13568  States,  and  with  one  another,  upon  the  following  articles  : 

13569  ARTICLE  1.  There  shall  be  perpetual  peace  and  friendship 

13570  between  ail  the  citizens  of  the  United  States  of  America  and 

13571  all  the  individuals  composing  the  Comanche  and  Witchetaw 

13572  Nations  and  their  associated  bands  or  tribes  of  Indians,  and  be- 

13573  tween  these  nations  or  tribes  and  the  Cherokee,  Muscogee,  Choc- 

13574  taw,  Osage,  Seneca,  and  Quapaw  Nations  or  tribes  of  Indians. 

13575  ARTICLE  2.  Every  injury  or  act  of  hostility  by  one  or  either 

13576  of  the  contracting  parties  on  the  other,  shall  be  mutually  for- 
"13577  given  and  forever  forgot. 

13578  ARTICLE  3.  There  shall  be  a  free  and  friendly  intercourse  be- 

13579  tween  all  the  contracting  parties  hereto,  and  it  is  distinctly  un- 

13580  derstood  and  agreed  by  the  Comauche  and  Witchetaw  Nations 

13581  and  their  associated  bands  or  tribes  of  Indians,  that  the  citizens 

13582  of  the  United  States  are  freely  permitted  to  pass  and  repass 

13583  through  their  settlements  or  hunting-ground  without  molesta- 

13584  tion  or  injury  on  their  way  to  any  of  the  provinces   of  the  re- 

13585  public  of  Mexico,  or  returning  therefrom,  and  that  each  of  the 

13586  nations  or  tribes  named  in  this  article  further  agree  to  pay  the 

13587  full  value  for  any  injury  their  people  may  do  to  the  goods  or 

13588  property  of  the  citizens  of  the  United  States  taken  or  destroyed, 

13589  when  peaceably  passing  through  the  country  they  inhabit,  or 

13590  hunt  in,  or  elsewhere.    And  the  United  States  hereby  guaranty 

13591  to  any  Indian  or  Indians  of  either  of  the  said  Comanche  or 

13592  Witchetaw  Nations,  and  their  associated  bands  or  tribes  of  In- 

13593  dians,  a  full  indemnification  for  any  horses  or  other  property 

13594  which  may  be  stolen  from  them  :  Provided,  That  the  property 

13595  so  stolen  cannot  be  recovered,  and  that  sufficient  proof  is  pro- 

13596  duced  that  it  was  actually  stolen  by  a  citizen  of  the  United 

13597  States,  and  within  the  limits  thereof. 

13598  ARTICLE  4.  It  is  understood  and  agreed  by  all  the  nations 

13599  or  tribes  of  Indians  parties  to  this  treaty,  that  each  and  all  of 

13600  the  said  nations  or  tribes  have  free  permission  to  hunt  and  trap 

13601  in  the  Great  Prairie  wTest  of  the  Cross  Timber,  to  the  western 

13602  limits  of  the  United  States. 

13603  ARTICLE  5.  The  Comanche  and  Witchetaw  Nations  and  their 

13604  associated  bands  or  tribes  of  Indians,  severally  agree  and  bind 


305 

13605  themselves  to  pay  full  value  for  any  injury  their  people  may  do 

13606  to  the  goods  or  other  property  of  such  traders  as  the  President 

13607  of  the  United  States  may  place  near  to  their  settlements  or  hunt- 

13608  ing-ground  for  the  purpose  of  trading  with  them. 

13609  ARTICLE  6.   The  Comanche  and  Witchetaw  Nations  and 

13610  their  associated  bands  or  tribes  of  Indians  agree  that,  in  the 

13611  event  any  of  the  red  people  belonging  to  the  nations  or  tribes 

13612  residing  south  of  the  Missouri  Eiver  and  west  of  the  State  of 

13613  Missouri,  not  parties  to  this  treaty,  should  visit  their  towns  or 

13614  be  found  on  their  hunting-ground,  that  they  will  treat  them  with 

13615  kindness  and  friendship  and  do  no  injury  to  them  in  any  way 

13616  whatever. 

13617  ARTICLE  7.  Should  any  difficulty  hereafter  unfortunately 

13618  arise  between  any  of  the  nations  or  tribes  of  Indians  parties  here- 

13619  unto,  in  consequence  of  murder,  the  stealing  of  horses,  cattle,  or 

13620  other  cause,  it  is  agreed  that  the  other  tribes  shall  interpose  their 

13621  good  offices  to  remove  such  difficulties,  and  also  that  the  Govern- 

13622  meat  of  the  United  States  may  take  such  measures  as  they  may 

13623  deem  proper  to  eifect  the  same  object,  and  see  that  full  justice  is 

13624  done  to  the  injured  party. 

13625  ARTICLE  8.  It  is  agreed  by  the  commissioners  of  the  United 
33626  States,  that  in  consequence  of  the  Comanche   and  Witchetaw 

13627  Nations  and  their  associated  bands  or  tribes  of  Indians  having 

13628  freely  and  willingly  entered  into  this  treaty,  and  it  being  the 

13629  first  they  have  made  with  the  United  States  or  any  of  the  con- 

13630  tracting  parties,  that  they  shall  receive  presents  immediately 

13631  after  signing,  as  a  donation  from   the  United  States;  nothing 

13632  being  asked  from  these  nations  or  tribes  in  return,  except  to 

13633  remain  at  peace  with  the  paites  hereto,  which  their  OAVH  good 

13634  and  that  of  their  posterity  require. 

13635  ARTICLE  9.  The  Comanche  and  Witchetaw  Nations  and 

13636  their  associated  bands  or  tribes  of  Indians  agree,  that  their  en- 

13637  tering  into  this  treaty  shall  in  no  respect  interrupt  their  friendly 

13638  relations  with  the  republic  of  Mexico,  where  they  all  frequently 

13639  hunt  and  the  Comanche  Nation  principally  inhabit ;  and  it  is 

13640  distinctly  understood  that  the  Government  of  the  United  States 

13641  desire  that  perfect  peace  shall  exist  between  the  nations  or 

13642  tribes  named  in  this  article  and  the  said  republic. 

13643  ARTICLE  10.  This  treaty  shall  be  obligatory  on  the  nations 

13644  or  tribes  parties  hereto  from  and  after  the  date  hereof,  and  on 

13645  the  United  States  from  and  after  its  ratification  by  the  Govern- 

13646  ment  thereof. 

13647  Proclaimed  May  19,  1836. 

39  IT 

a  sto  8     088SI 


306 

13648  COMANCHES,  KINIS,  ANADACAS,  CADGES,  &c. 

13649  Treaty  with  the  Comanches  and  other  tribes.  Articles  of  a  treaty 

13650  made  and  concluded  at  Council  Springs,  in  the  county  of  Rob- 

13651  inson,  Texas,  near  the  Brazos  River,  this  15th  day  of  May, 

13652  A.  I).  1846,  between  P.  M.  Butler  and  M.  G.  Lewis,  commis- 

13653  sioners  on  the  part  of  the  United  States,  of  the  one  part,  and 

13654  the     undersigned    chiefs,    counsellors,   and    icarriors  of  the 

13655  Comanche,  1-on-i,  Ana-da-ca,  Cadoe,  Lepan,  Long-wlia,  Keechy, 

13656  Tah-wa-carrO)   Wi-chita,    and  Wacoe  tribes  of  Indians,  and 

13657  tJmr   associate  bands,   in  behalf  of  their  said  tribes,  on  the 

13658  other  part. 

13659  ARTICLE  1.  The  undersigned  chiefs,  warriors,  and  counsel- 

13660  lors,  for  themselves  and  their  said  tribes  or  nations,  do  hereby 

13661  acknowledge  themselves  to  be  under  the  protection  of  the  United 

13662  States,  and  of  no  other  power,  state,  or  sovereignty  whatever. 

13663  ARTICLE  2.  It  is  stipulated  and  agreed  by  the  said  tribes  or 

13664  nations,  and  their  associate  bands,  that  the  United  States  shall 

13665  have  the  sole  and  exclusive  right  of  regulating  trade  and  inter- 

13666  course  with  them,  and  they  do  hereby  respectively  engage  to  af- 

13667  ford  protection  to  such  persons,  with  their  property,  as  shall  be 

13668  duly  licensed  to  reside  among  them  for  the  purpose  of  trade  and 

13669  intercourse,  and  to  their  agents  and  servants,  but  no  person  shall 

13670  be  permitted  to  reside  among  them  as  a  trader  who  is  not 

13671  furnished  with  a  license  for  that  purpose,  under  the  hand  and 

13672  seal  of  the  superintendent  to  be  appointed  by  the  President  of 

13673  the  United  States  or  such  other  person  as  the  President  shall  au- 

13674  thorize  to  grant  such  licenses,  to  the  end  that  said  Indians  may 

13675  not  be  imposed  on  in  their  trade;  arid  if  any  licensed  trader 

13676  shall  abuse  his  privilege  by  unfair  dealing,  upon  complaint  by 

13677  the  chiefs  to  their  agents  and  proof  thereof,  his  license  shall  be 

13678  taken  from  him,  and  he  shall  be  further  punished  according  to 

13679  the  laws  of  the  United  States ;  and  if  any  person  shall  intrude 

13680  himself  as  a  trader  without  such  license,  upon  complaint  he  shall 

13681  be  dealt  with  according  to  law. 

13682  ARTICLE  3.  Stricken  out, 

13683  ARTICLE  4.  The  said  tribes  and  their  associate  bauds  agree 

13684  to  deliver,  by  the  first  day  of  November  next,  to  the  superintend- 

13685  ent  of  Indian  affairs  to  be  appointed  by  the  President,  at  such 

13686  place  as  he  may  direct,  due  notice  of  which  shall  be  given  to  the 

13687  said  tribes,  all  white  persons  and  negroes  who  are  now  prisoners 

13688  among  any  of  the  said  tribes  or  nations,  for  which  the  United 

13689  States  agree  to  make  to  them  a  fair  compensation ;  and  the 

13690  United  States  further  agree  to  make  [thatj  all  the  prisoners  taken 


307 

13691  from  said  tribes  by  Texas  or  the  United  States,  shall  be  deiiv- 

13692  ered  up  to  the  said  tribes,  at  the  same  time  and  place,  without 

13693  charge.    And  when  any  member  of  any  of  said  tribes  or  nations, 

13694  and  their  associate  bands,  having  in  his  possession  an  Ameri- 

13695  can  prisoner  or  prisoners,  white  or  black,  shall  refuse  to  give 

13696  them  up,  the  President  of  the  United  States  shall  have  the  privi- 

13697  lege  of  sending  among  said  tribes  or  nations  such  force  as  he 

13698  may  think  necessary  to  take  them  ;  and  the  chiefs  of  the  nations 

13699  or  tribes,  parties  to  this  treaty,  pledge  themselves  to  give  pro- 

13700  tection  and  assistance  to  such  persons  as  may  be  sent  among 

13701  them  for  this  purpose. 

13702  ARTICLE  5.  Stricken  out. 

13703  ARTICLE  6.  The  said  tribes  and  their  associate  bands  pledge 

13704  themselves  to  give  notice  to  the  agent  of  the  United  States  re- 

13705  siding  near  them  of  any  designs  which  they  may  know  or  sus- 

13706  pect  to  [bej  formed  in  any  neighboring  tribe,  or  by  any  per- 

13707  son  whatever,  against   the  peace  and  interests  of  the  United 

13708  States. 

13709  ARTICLE  7.  It  is  agreed  that,  if  any  Indian  or  Indians  shall 

13710  commit  a  murder  or  robbery  on  any  citizen  of  the  United  States> 

13711  the  tribe  or  nation  to  which  the  offender  belongs   shall  deliver 

13712  up  the  person  or  persons  so  complained  of,  on  complaint  being 

13713  made  to  their  chief,  to  the  nearest  post  of  the  United  States,  to 

13714  the  end  that  he  or  they  may  be  tried,  and  if  found  guilty,  pun- 

13715  ished,  according  to  the  law  of  the  State  or  Territory  where  such 

13716  offence  may  have  been  committed.    In  like  manner,  if  any  sub 

13717  ject  or  citizen  of  the  United  States  shall  commit  murder  or  rob- 

13718  bery  on  any  Indian  or  Indians  of  the  said  tribes  or  nations,  upon 

13719  complaint  thereof  to  the  agent  residing  near  them,  he  or  they 

13720  shall  be  arrested,  tried,  and  punished  according  to  the  law  of 

13721  the  State  or  Territory  where  such  offence  may  have  been  coin- 

13722  mitted. 

13723  ARTICLE  8.  The  practice  of  stealing  horses  has  prevailed 

13724  very  much  to  the  great  disquiet  of  the  citizens  of  the  United 

13725  States,  and,  if  persisted  in,  cannot  fail  to  involve  both  the  United 

13726  States  and  the  Indians  in  endless  strife.    It  is  therefore  agreed 

13727  that  it  shall  be  put  an  entire  stop  to  on  both  sides.     Neverthe- 

13728  less,  should  bad  men,  in  defiance  of  this  agreement,  continue  to 

13729  make  depredations  of  that  nature,  the  person  convicted  thereof 

13730  shall  be  punished  with  the  utmost  severity,  according  to  the 

13731  laws  of  the  State  or  Territory  where  the  offence  may  have  been 

13732  committed ;  and  all  horses  so  stolen,  either  by  the  Indians  from 

13733  the  citizens  of  the  United  States  or  by  the  citizens  of  the  United 

13734  States  from  any  of  the  said  tribes  or  nations,  into  whose  posses- 

13735  sion  soever  they  may  have  passed,  upon  due  proof  of  rightful 

13736  ownership,  shall  be  restored ;  and  the  chiefs  of  said  tribes  or 


308 

13737  nations  shall  give  all  necessary  aid  and  protection  to  citizens  of 

13738  the  United  States  in  reclaiming  and  recovering  such  stolen 

13739  horses ;  and  the  civil  magistrates  of  the  United  States,  respect- 

13740  ively,  shall  give  all  necessary  aid  and  protection  to  Indians  in 

13741  claiming  and  recovering  such  stolen  horses. 

13742  ARTICLE  9.  For  the  protection  of  said  Indians  and  for  the 

13743  purpose  of  carrying  out  the  stipulations  of  this  treaty  more 

13744  effectually,  the  President  shall,  at  his  discretion,  locate  upon 

13745  their  borders  trading-houses,  agencies,  and  posts.     In  considera- 

13746  tion  of  the  friendly  disposition  of  said  tribes,  evidenced  by  the 

13747  stipulations  in  the  present  treaty,  the  commissioners  of  the 

13748  United  States,  in  behalf  of  the  said  States,  agree  to  give  to  the 

13749  said  tribes  or  nations  goods,  as  presents,  at  this  time,  and  agree 

13750  to  give  presents  in  goods  to  them,  to  the  amount  of  ten  thousand 

13751  dollars,  at  such  time  as  the  President  of  the  United  States  may 

13752  think  proper,  (a)  at  the  Council  Springs,  on  the  Brazos,  where 

13753  this  council  is  now  held,  or  at  some  other  point  to  be  designated, 

13754  and  of  which  due  notice  shall  be  given  to  said  tribes. 

13755  ARTICLE  10.  The  said  tribes  or  nations  and  their  associate 

13756  bauds  are  now,  and  forever  agree  to  remain,  at  peace  with  the 

13757  United  States.     All  animosities  for  past  offences  are  hereby 

13758  mutually  forgiven  and  forgotten,  and  the  parties  to  this  treaty 

13759  pledge  themselves  to  carry  it  into  full  execution,  in  good  faith 

13760  and  sincerity. 

13761  ARTICLE  11.  And  the  said  tribes  and  their  associate  bands 

13762  are  now,  and  agree  to  remain,  friendly  with  such  tribes  as  are 

13763  now  at  peace  with  the  United  States,  residing  upon  the  waters 

13764  of  the  Arkansas,  Missouri,  and  Eed  Eivers. 

13765  ARTICLE  12.  If  any  person  or  persons  shall  introduce  ardent 

13766  spirits  or  intoxicating  liquors  of  any  kind  among  said  tribes  or 

13767  nations,  such  person  or  person  [persons]  shall  be  punished  ac- 

13768  cording  to  the  laws  of  the  United  States,  and  the  said  tribes  or 

13769  nations  agree  to  give  immediate  notice  to  the  agent  of  the 

13770  United  States  residing  near  them,  and  to  prevent  by  any  means 

13771  in  their  power  the  violation  of  this  article  of  treaty. 

13772  ARTICLE  13.  It  is  further  agreed  that  blacksmiths  shall  be 

13773  sent  to  reside  among  the  said  tribes  or  nations,  to  keep  their 

13774  guns  and  farming-utensils  in  order,  as  long  and  in  such  manner 

13775  as  the  President  may  think  proper.     It  is  further  agreed  that 

13776  school-teachers,  at  the  discretion  of  the  President,  shall  be  sent 

13777  among  the  said  tribes  or  nations  for  the  purpose  of  instructing 

13778  them;  and  the  said  tribes  or  nations  agree  that  preachers  of  the 

13779  gospel  may  travel  or  reside  among  them  by  permission  of  the 

13780  President  or  his  agents  to  be  appointed,  and  that  ample  protec- 

13781  tiou  shall  be  afforded  them  in  the  discharge  of  their  duties. 

13782  ARTICLE  14.  The  said  tribes  or  nations,  parties  to  this  treaty, 


309 

13783  are  anxious  to  be  at  peace  with  all  other  tribes  or  nations,  and 

13784  it  is -agreed  tbat  the  President  shall  use  his  exertions,  in  such 

13785  manner  as  he  may  think  proper,  to  preserve  friendly  relations 

13786  between  the  different  tribes  or  nations  parties  to  this  treaty, 

13787  and  all  other  tribes  of  Indians  under  his  jurisdiction. 

13788  Proclaimed  March  8, 1847. 


13789  COMANCHES,  KIOWAS,  AND  APACHES. 

13790  Franklin  Pierce,  President  of  the  United  Mates  of  America,  to  all 

13791  and  singular  to  whom  these  presents  shall  come,  greeting  : 

13792  Whereas  a  treaty  was  made  and  concluded  at  Fort  Atkiu- 

13793  son,  on  the  twenty-seventh  day  of  July,  A.  D.  one  thousand 

13794  eight  hundred  and  fifty-three,  between  the  United  States  of 

13795  America,  by  Thomas  Fitzpatrick,  Indian  agent,  and  sole  com- 

13796  missioner  duly  appointed  for  that  purpose,  and  the  chiefs  and 

13797  head-men  of  the  Camanche,  Kiowa,  and  Apache  tribes  or  nations 

13798  of  Indians,  which  treaty  is  in  the  words  following,  to  wit : 

13799  Articles  of  a  treaty,  made  and  concluded  at  Fort  Atkinson,  in 

13800  the  Indian  Territory,  of  the  United  States  of  America,  on 

13801  the  27th  day  of  July,   anno  Domini  eighteen  hundred  and 

13802  fifty-three,    between  the   United   States   of   America,   by 

13803  Thomas  Fitzpatrick,  Indian  agent,  and  sole  commissioner, 

13804  duly  appointed  for  that  purpose,  and  the  Camanche,  and 

13805  Kiowa,  and  Apache  tribes  or  nations  of  Indians,  inhabiting 

13806  the  said  Territory  south  of  the  Arkansas  River. 

13807  ARTICLE  1.  Peace,  friendship,  and  amity  shall  hereafter 

13808  exist  between  the  United  States  and  the  Camanche,  and  Kiowa, 

13809  and  Apache  tribes  of  Indians,  parties  to  this  treaty,  and  the 

13810  same  shall  be  perpetual. 

13811  ARTICLE  2.  The  Camauche,  Kiowa,  and  Apache  tribes  of 

13812  Indians  do  hereby  jointly  and  severally  covenant  that  peaceful 

13813  relations  shall  likewise  be  maintained  amongst  themselves  in 

13814  future  5  and  that  they  will  abstain  from  all  hostilities  whatsoever 

13815  against  each  other,  and  cultivate  mutual  good-will  and  friend- 

13816  ship. 

13817  ARTICLE  3.  The  aforesaid   Indian   tribes  do   also   hereby 

13818  fully  recognize  and  acknowledge  the  right  of  the  United  States 

13819  to  lay  off  and  mark  out  roads  or  highways,  to  make  reserva- 

13820  tions  of  land  necessary  thereto,  to  locate  depots,  and  to  estab- 

13821  lish  military  and  other  posts  within  the  territories  inhabited  by 

13822  the  said  tribes;  and  also  to  prescribe  and  enforce,  in  such  man- 

13823  ner  as  the  President  or  the  Congress  of  the  United  States  shall 

13824  from  time  to  time  direct,  rules  and  regulations  to  protect  the 

13825  rights  of  persons  and  property  among  the  said  Indian  tribes. 


310 

13826  ARTICLE  4.  The  Camanche,   Kiowa,   and  Apache  tribes, 

13827  parties  as  before  recited,  do  further  agree  and  bind  themselves 

13828  to  make  restitution  or  satisfaction  for  any  injuries  done  by  any 

13829  band  or  any  individuals  of  their  respective  tribes  to  the  people 

13830  of  the  United  States  who  may  be  lawfully  residing  in  or  passing 

13831  through  their  said  territories;  and  to  abstain  hereafter  from 

13832  levying  contributions  from,  or  molesting  them  in  any  manner; 

13833  and.  so  far  as  may  be  in  their  power,  to  render  assistance   to 

13834  such  as  need  relief,  and  to  facilitate  their  safe  passage. 

13835  ARTICLE  5.  The  Camanche,  and  Kiowa,  and  Apache  tribes 

13836  of  Indians,  parties  to  this  treaty,  do  hereby  solemnly  covenant 

13837  and  agree  to  refrain  in  future  from  warlike  incursions  into  the 

13838  Mexican  provinces,  and  from  all  depredations  upon  the  inliab- 

13839  itants  thereof ;  and  they  do  likewise  bind  themselves  to  restore 

13840  all  captives  that  may  hereafter  be  taken  by  any  of  the  bands, 

13841  war-parties,  or  individuals  of  the  said  several  tribes,  from  the 

13842  Mexican  provinces  aforesaid,  and  to  make  proper  and  just  com- 

13843  pensation  for  any  wrongs  that  may  be  inflicted  upon  the  people 

13844  thereof  by  them,  either  to  the  United  States  or  to  the  Republic 

13845  of  Mexico,  as  the  President  of  the  United  States  may  direct  and 

13846  require. 

13847  ARTICLE  6.  In  consideration  of  the  foregoing  agreements 

13848  on  the  part  of  the  Camanche,  and  Kiowa,  and  Apache  tribes, 

13849  parties  to  this  treaty,  of  the  losses  which  they  may  sustain  by 

13850  reason  of  the  travel  of  the  people  of  the  United  States  through 

13851  their  territories,  and  for  the  better  support,  and  the  improve- 

13852  ment  of  the  social  condition  of  the  said  tribes,  the  United 

13853  States  do  bind  themselves,  and  by  these  presents  stipulate  to 

13854  deliver  to  the  Camanche,  Kiowa,  and  Apache  tribes  aforesaid, 

13855  the  sum  of  eighteen  thousand  dollars  per  annum,  for  and  during 

13856  the  term  of  ten  years  next  ensuing  from  this  date,  and  for  the 

13857  additional  term  of  five  years,  if,  in  the  opinion  of  the  President 

13858  of  the  United  States,  such  extension  shall  be  advisable  5  the 

13859  same  to  be  given  to  them  in  goods,  merchandise,  provisions,  or 

13860  agricultural   implements,   or  in   such   shape   as   may  be   best 

13861  adapted  to   their   wants,  and  as  the  President  of  the  United 

13862  States  may  designate,  and  to  be  distributed  amongst  the  said 

13863  several  tribes  in  proportion  to  the  respective  numbers  of  each 

13864  tribe. 

13865  ARTICLE  7.  The  United  States  do  moreover  bind  themselves, 

13866  in  consideration  of  the  covenants  contained  in  -the  preceding 

13867  articles  of  this  treaty,  to  protect  and  defend  the  Indian  tribes, 

13868  parties  hereto,  against  the  committal  of  any  depredations  upon 

13869  them,  and  in  their  territories,  by  the  people  of  the  United 

13870  States,  for  and  during  the  term  for  which  this  treaty  shall  be  in 


311 

13871  force,  and  to  compensate  them  for  any  injuries  that  may  result 

13872  therefrom. 

13873  ARTICLE  8.  It  is  also  stipulated  and  provided,  by  and  be- 

13874  tween  the  parties  to  this  treaty,  that  should  any  of  the  Indian 

13875  tribes  aforesaid  violate  any  of  the  conditions,  provisions,  or 
13870  agreements  herein  contained,  or  fail  to  perform  any  of  the  obli- 

13877  gations  entered  into  on  their  part,  then  the  United  States  may 

13878  withhold  the  whole  or  a  part  of  the  annuities  mentioned  in  the 

13879  sixth  article  of  this  treaty,  from  the  tribe  so  offending,  until,  in 

13880  the  opinion  of  the  President  or  the  Congress  of  the  United  States, 

13881  proper  satisfaction    shall    have  been   made,   or  until  persons 

13882  amongst  the  said  Indians  offending  against  the  laws  of  the 

13883  United  States  shall  have  been  delivered  up  to  justice. 

13884  ARTICLE  9.  It  is  also  consented  to  and  determined  between 

13885  the  parties  hereto,  that  the  annuities  to  be  given  on  the  part  of 

13886  the  United  States,  as  provided  in  the  sixth  article  of  this  treaty, 

13887  shall  be  delivered  to  the  said  Indian  tribes  collectively,  at  or  in 

13888  the  vicinity  of  Beaver  Creek,  yearly,  during  the  month  of  July 

13889  in  each  year,  until  some  other  time  and  place  shall  have  been 

13890  designated  by  the  President  of  the  United  States,  in  which 

13891  event  the  said  Indian  tribes  shall  have  due  notice  thereof,  and 

13892  the  place  of  distribution  which  may  be  selected  shall  always  be 

13893  some  point  within  the  territories  occupied  by  the  said  tribes. 

13894  ARTICLE  10.  It  is  agreed  between  the  United  States  and 

13895  the   Camanche,   Kiowa,   and  Apache  tribes  of  Indians,   that 

13896  should  it  at  any  time  hereafter  be  considered  by  the  United 

13897  States  as  a  proper  policy  to  establish  farms  among  and  for  the 

13898  benefit  of  said  Indians,  it  shall  be  discretionary  with  the  Presi- 

13899  dent,  by  and  with  the  advice  and  consent  of  the  Senate,  to 

13900  change  the  annuities  herein  provided  for,  or  any  part  thereof, 

13901  into  a  fund  for  that  purpose. 

13902  In  witness  whereof,  the  said  Thomas  Fitzpatrick,  Indian 

13903  agent,  and  sole  commissioner  on  the  part  of  the  United  States, 

13904  and  the  undersigned  chiefs  and  head-men  of  the  Camauche,  and 

13905  Kiowa,  and  Apache  tribes  or  nations,  have  hereunto  set  their 

13906  hands,  at  Fort  Atkinson,  in  the  Indian  Territory  of  the  United 

13907  States,  this  twenty-seventh  day  of  July,  A.  D.  eighteen  hundred 

13908  and  fifty-three. 

13909  Proclaimed  12th  February,  1854. 


312 

13910  Treaty  between  the  United  States  of  America  and  the  Kiowa,  Co* 

13911  manche,  and  Apache  tribes  of  Indians;    concluded  October 

13912  21,  1867 ;  ratification  advised  July  25,  1868. 

13913  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

13914  to  all    and  singular  to  whom  these  presents  shall  come, 

13915  greeting: 

13916  Whereas  a  treaty  was  made  and  concluded  at  the  Council 

13917  Camp,  on  Medicine  Lodge  Creek,  seventy  miles  south  of  Fort 

13918  Larned,  in  the  State  of  Kansas,  on  the  twenty-first  day  of  Octo- 

13919  ber,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 

13920  sixty-seven,  by  and  between  N.  G.  Taylor,  Brevet  Major-Gen- 

13921  eral  William  S.  Haruey,  Brevet  Major-General  C.  C.  Augur,  Bre- 

13922  vet  Major-General  Alfred   H.   Terry,  John  B.  Sanborn,  Sam- 

13923  uel  F.  Tappau,  and  J.  B.  Henderson,  commissioners,  on  the 
13921  part    of   the   United    States,    and    Satauka,    (Sitting    Bear,) 

13925  Sa-Tan-Ta,   (White  Bear,)   Parry- Wah-Say-Meu,  (Ten  Bears,) 

13926  Tep-Pe-Navon,  (Painted  Lips,)  Mah-Vip-Pah,  (Wolf's  Sleeve,) 

13927  Kon  Zhon-Ta-Co,    (Poor    Bear,)    and    other  chiefs  and    head- 

13928  men  of  the  Kiowa,  Conianche,  and  Apache  tribes  of  Indians, 

13929  on   the   part  of    said    Indians,   and    duly  authorized    thereto 

13930  by  them,  which  treaty  is  in  the  words  and  figures  following, 

13931  to  wit: 

13932  Articles  of  a  treaty  concluded  at  the  Council  Camp  on  Medicine 

13933  Lodge  Creek,  seventy  miles  south  of  Fort  Lamed,  in  the 

13934  State  of  Kansas,  on  the  twenty-first  day  of  October,  eighteen 

13935  hundred  and  sixty-seven,  by  and  between  the  United  States 

13936  of  America,  represented  by  its  commissioners   duly   ap- 

13937  pointed  thereto,  to  wit:  Nathaniel  G.  Taylor,  William  S. 

13938  Harney,  C.  C.  Augur,  Alfred  8.  [H.|  Terry,  John  B.  San- 

13939  born,  Samuel  F.  Tappan,  and  J.  B.  Henderson,  of  the  one 
13910  part,  and  the  Kiowa,  Comanche,  and  Apache  Indians,  rep- 

13941  resented  by  their  chiefs  and  head-men  duly  authorized  and 

13942  empowered  to  act  for  the  body  of  the  people  of  said  tribes, 

13943  (the  names  of  said  chiefs  and  head-men  being  hereto  sub- 

13944  scribed,)  of  the  other  part,  witness: 

13945  Whereas,  on  the  twenty-first  day  of  October,  eighteen  hun- 

13946  dred  and  sixty-seven,  a  treaty  of  peace  was  made  and  entered 

13947  into  at  the  Council  Camp,  on  Medicine  Lodge  Creek,  seventy 

13948  miles  south  of  Fort  Larned,  in  the  State  of  Kansas,  by  and 

13949  between  the  United  States  of  America,  by  its  commissioners, 

13950  Nathaniel  G.  Taylor,  William  S.  Harney,  C.  C.  Augur,  Alfred 

13951  H.  Terry,  John  B.  Sauboru,  Samuel  F.  Tappau,  and  J.  B.  Hen- 

13952  dersou,  of  the  one  part,  and  the  Kiowa  and  Comanche  tribes  of 

13953  Indians,  of  the  Upper  Arkansas,  by  and  through  their  chiefs  and 

13954  head-men,  whose  names  are  subscribed  thereto,  of  the  other 


313 

13955  part,  reference  being  had  to  said  treaty  ;  and  whereas,  since  the 

13956  making  and  signing  of  said  treaty,  at  a  council  held  at  said 

13957  camp  on  this  day,  the  chiefs  and  head-men  of  the  Apache  Nation 

13958  or  tribe  of  Indians  express  to  the  commissioners  on  the  part  of 

13959  the  United  States,  as  aforesaid,  a  wish  to  be  confederated  with 

13960  the  said  Kiowa  and  Cornanche  tribes,  and  to  be  placed  in  every 

13961  respect  upon  an  equal  footing  with  said  tribes ;  and  whereas,  at 

13962  a  council  held  at  the  same  place  and  on  the  same  day,  with  the 

13963  chiefs  and  head-men  of  the  said  Kiowa  and  Comanche  tribes 

13964  they  consent  to  the  confederation  of  said  Apache  tribe,  as  de- 

13965  sired  by  it,  upon  the  terms  and  conditions  hereinafter  set  forth 

13966  in  this  supplementary  treaty  :  Now,  therefore,  it  is  hereby  stip- 

13967  ulated  and  agreed,  by  and  between  the  aforesaid  commissioners 

13968  on  the  part  of  the  United  States  and  the  chiefs  and  head-men 

13969  of  the  Kiowa  and  Comanche  tribes,  and  also  the  chiefs  and  head- 

13970  men  of  the  said  Apache  tribe,  as  follows,  to  wit: 

13971  ARTICLE  1.    The   said  Apache  tribe  of  Indians  agree  to 

13972  confederate  and  become  incorporated  with  the  said  Kiowa  and 

13973  Comanche  Indians,  and  to  accept  as  their  permanent  home  the 

13974  reservation  described  in  the  aforesaid  treaty  with  said  Kiowa 

13975  and  Comanche  tribes,  concluded  as  aforesaid  at  this  place,  and 

13976  they  pledge  themselves  to  make  no  permanent  settlement  at 

13977  any  place  nor  on  any  lands  outside  of  said  reservation. 

13978  ARTICLE  2.  The  Kiowa  and  Comanche  tribes,  on  their  part, 

13979  agree  that  all  the  benefits  and  advantages  arising  from  the  em- 

13980  ployment  of  physicians,  teachers,  carpenters,  millers,  engineers, 

13981  farmers,  and  blacksmiths,  agreed  to  be  furnished  under  thepro- 

13982  visions  of  their  said  treaty,  together  with  all  the  advantages  to 

13983  be  derived   from  the  construction  of  agency  buildings,  ware- 

13984  houses,  mills,  and  other  structures,  and  also  from  the  establish- 

13985  ment  of  schools  upon  their  said  reservation,  shall  be  jointly  and 

13986  equally  shared  and  enjoyed  by  the  said  Apache  Indians,  as 

13987  though  they  had  been  originally  a  part  of  said  tribes;  and  they 

13988  further  agree  that  all  other  benefits  arising  from  said  treaty  shall 

13989  be  jointly  and  equally  shared  as  aforesaid. 

13990  ARTICLE  3.   The  United  States,  on  its  part,  agrees  that 

13991  clothing  and  other  articles  named  in  Article  X  of  said  original 

13992  treaty,  together  with  all  money  or  other  annuities  agreed  to  be 

13993  furnished  under  any  of  the  provisions  of  said  treaty,  to  the  Kio- 

13994  was  and  Comauches,  shall  be  shared  equally  by  the  Apaches. 

13995  In  all  cases  where  specific  articles  of  clothing  are  agreed  to  be 

13996  furnished  to  the  Kiowas  and  Comanches,  similar  articles  shall 

13997  be  furnished  to  the  Apaches,  and  a  separate  census  of  the 

13998  Apaches  shall  be  annually  taken  and  returned  by  the  agent,  as 

13999  provided  for  the  other  tribes.     And  the  United  States  further 

14000  agrees,  in  consideration  of  the  incorporation  of  the  said  Apaches, 

40  I  T 


314 

14001  to  increase  the  annual  appropriation  of  money,  as  provided  for 

14002  in  Article  X  of  said  treaty,  from  twenty-five  thousand  to  thirty 

14003  thousand  dollars ;  and  the  latter  amount  shall  be  annually  ap- 

14004  propriated,  for  the  period  therein  named,  for  the  use  and  benefit 

14005  of  said  three  tribes,  confederated  as  herein  declared ;  and  the 

14006  clothing  and  other  annuities,  which  may  from  time  to  time  be 

14007  furnished  to  the  Apaches,  shall  be  based  upon  the  census  of  the 

14008  three  tribes,  annually  to  be  taken  by  the  agent,  and  shall  be 

14009  separately  marked,  forwarded,  and  delivered  to  them  at  the 

14010  agency  house,  to  be  built  under  the  provisions  of  said  original 

14011  treaty. 

14012  ARTICLE  4.  In  consideration  of  the  advantages  conferred 

14013  by  this  supplementary  treaty  upon  the  Apache  tribe  of  Indians, 

14014  they  agree  to  observe  and  faithfully  comply  with  all  the  stipula- 

14015  tions  and  agreements  entered  into  by  the  Kiowas  and  Oomanohes 

14016  in  said  original  treaty.     They  agree,  in  the  same  manner,  to  keep 

14017  the  peace  toward  the  whites  and  all  other  persons  under  the  ju- 

14018  risdiction  of  the  United  States,  and  to  do  and  perform  all  other 

14019  things  enjoined  upon  said  tribes  by  the  provisions  of  said  treaty ; 

14020  and  they  hereby  give  up  and  forever  relinquish  to  the  United 

14021  States  all  rights,  privileges,  and  grants  now  vested  in  them,  or 

14022  intended  to  be  transferred  to  them  by  the  treaty  between  the 

14023  United  States  and  the  Cheyenne  and  Arapahoe  tribes  of  Indians, 

14024  concluded  at  the  camp  on  the  Little  Arkansas  Kiver,  in  the  State 

14025  of  Kansas,  on  the  fourteenth  day  of  October,  one  thousand  eight 

14026  hundred  and  sixty-five,  and  also  by  the  supplementary  treaty, 

14027  concluded  at  the  same  place  on  the  seventeenth  day  of  the  same 

14028  month,  between  the  United  States,  of  the  one  part,  and  the 

14029  Cheyenne,  Arapahoe,  and  Apache  tribes,  of  the  other  part. 

14030  Proclaimed  August  25,  1858. 


14031  CAMANCHES   AND   KIOWAS. 

14032  Treaty  between  the   United  Mates  of  America  and  the  Camanche 

14033  and  Kiowa  tribes  of  Indians,  concluded  October  18,  1865  ; 

14034  ratification  advised  May  22,  1866. 

14035  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

14036  to  all  and   singular  to  whom   these  presents  shall  come, 

14037  greeting : 

14038  Whereas  a  treaty  was  made  and  concluded  at  the  council- 

14039  ground  on  the  Little  Arkansas  River,  in  the  State  of  Kansas,  on 

14040  the  eighteenth  day  of  October,  in  the  year  of  our  Lord  one 

14041  thousand  eight  hundred  and  sixty-five,  by  and  between  John  B. 


315 

14042  Sanboru,  William  S.  Barney,  Kit  Carson,  William  W.  Bent,  James 

14043  Steele,  Thomas  Murphy,  and  J.  H.  Leaven  worth,  commissioners, 

14044  on  the  part  of  the  United  States,  and  Tab-e-nan-i-kah,  (KisingSun,) 

14045  Es*h-e-tave-pa-rah,  (Female  Infant,)  and  other  chiefs  and  head- 

14046  men,  on  the  part  of  the  Camanche  bands  of  Indians,  and  Queil- 

14047  park,   (Lone  Wolf,)  Wah-toh-konk,   (Black  Eagle,)  and  other 

14048  chiefs  and  head-men,  on  the  part  of  the  Kiowa  tribe  of  Indians, 

14049  all  of  which  chiefs  and  head-men  were  duly  authorized  thereto 

14050  by  their  respective  bands  and  tribes,  which  treaty  is  in  the  words 

14051  and  figures  following,  to  wit : 

14052  Articles  of  a  treaty  made  and  concluded  at  the  council-ground 
1405.3  on  the  Little  Arkansas  Eiver,  eight  miles  from  the  mouth 

14054  of  said  river,  in  the  State  of  Kansas,  on  the  eighteenth  day 

14055  of  October,  in  the  year  of  our  Lord  one  thousand  eight 

14056  hundred  and  sixty-five,  by  and  between  John  B.  Sanboru, 

14057  William  S.  Harney,  Thomas  Murphy,  Kit  Carson,  William 

14058  W.  Bent,  Jesse  H.  Leavenworth,  and  James  Steele,  com- 

14059  rnissioners  on  the  part  of  the  United  States,  and  the  under- 

14060  signed  chiefs  and  head-men  of  the  several  bands  of  Camanche 

14061  Indians  specified  in  connection  with  their  signatures,  and 

14062  the  chiefs  and  head-men  of  the  Kiowa  tribe  of  Indians,  the 

14063  said  chiefs  and  head-men  by  the  said  bands  and  tribes  being 

14064  thereunto  duly  authorized. 

14065  ARTICLE  1.  It  is  agreed  by  the  parties  to  this  treaty  that 

14066  hereafter  perpetual  peace  shall  be  maintained  between  the  peo- 

14067  pie  and  Government  of  the  United  States   and  the  Indians 

14068  parties  hereto,  and  that  the  Indians  parties  hereto  shall  forever 

14069  remain  at  peace  with  each  other  and  with  all  other  Indians  who 

14070  sustain  friendly  relations  with  the  Government  of  the  United 

14071  States. 

14072  For  the  purpose  of  enforcing  the  provisions  of  this  article, 
1407.°>  it  is  agreed  that  in  case  hostile  acts  or  depredations  are  coin- 

14074  mitted  by  the  people  of  the  United  States,  or  by  the  Indians  on 

14075  friendly  terms  with  the  United  States,  against  the  tribe  or  tribes 

14076  or  the  individual  members  of  the  tribe  or  tribes  who  are  parties 

14077  to  this  treaty,  such  hostile  acts  or  depredations  shall  not  be  re- 

14078  dressed  by  a  resort  to  arms,  but  the  party  or  parties  aggrieved 

14079  shall  submit  their  complaints,  through  their  agent,  to  the  Pres 

14080  ident  of  the  United  States,  and  thereupon  an  impartial  arbitra- 

14081  tion  shall  be  had  under  his  direction,  and  the  award  thus  made 

14082  shall  be  binding  on  all  parties  interested,  and  the  Government 

14083  of  the  United  States  will  in  good  faith  enforce  the  same. 

14084  And  the  Indians  parties  hereto,  on  their  part,  in  case  crimes 

14085  or  other  violations  of  law  shall  be  committed  by  any  person  or 

14086  persons  members  of  their  tribe,  such  person  or  persons  shall, 

14087  upon  complaint  being  made  in  writing  to  their  agent,  superin- 


316 

14088  tendent  of  Indian  affairs,  or  to  other  proper  authority,  by  the 

14089  party  injured,  and  verified  by  affidavit,  be  delivered  to  the  per- 

14090  son  duly  authorized  to  take  such  person  or  persons  into  custody, 

14091  to  the  end  that  such  person  or  persons  may  be  punished  accord - 

14092  ing  to  the  laws  of  the  United  States. 

14093  ARTICLE  2.  The  United  States  hereby  agree  that  the  dis- 

14094  trict  of  country  embraced  within  the  following  limits,  or  such 

14095  portion  of  the  same  as  may  hereafter  from  time  to  time  be  desig- 

14096  uated  by  the  President  of  the  United  States  for  that  purpose, 

14097  viz,  commencing  at  the  northeast  corner  of  New  Mexico,  thence 

14098  south  to  the  southeast  corner  of  the  same,  thence  uortheast- 

14099  wardly  to  a  point  on  main  Eed  Biver  opposite  the  mouth  of  the 

14100  North  Fork  of  said  river,  thence  down  said  river  to  the  98th  degree 

14101  of  west  longitude,  thence  due  north  on  said  meridian  to  the  Cinia- 

14102  rone  river,  thence  up  said  river  to  a  point  where  the  same  crosses 

14103  the  southern  boundary  of  the  State  of  Kansas,  thence  along  said 

14104  southern  boundary  of  Kansas  to  the  southwest  corner  of  said 

14105  State,  thence  west  to  the  place  of  beginning,  shall  be,  and  is  hereby, 

14106  set  apart  for  the  absolute  and  undisturbed  use  and  occupation  of 

14107  the  tribes  who  are  parties  to  this  treaty,  and  of  such  other 

14108  friendly  tribes  as  have  heretofore  resided  within  said  limits,  or 

14109  as  they  may  from  time  to  time  agree  to  admit  among  them,  and 

14110  that  no  white  person  except  officers,  agents,  and  employes  of 

14111  the  Government  shall  go  upon  or  settle  within  the  country  em- 

14112  braced  within  said  limits,  unless  formally  admitted  and  iucor- 

14113  porated  into  some  one  of  the  tribes  lawfully  residing  there,  ac- 

14114  cording  to  its  laws  and  usages.     The  Indians  parties  hereto  on 

14115  their  part  expressly  agree  to  remove  to  and  accept  as  their  per- 

14116  manent  home  the  country  embraced  within  said  limits,  whenever 

14117  directed  so  to  do  by  the  President  of  the  United  States,  in 

14118  accordance  with  the  provisions  of  this  treaty,  and  that  they  will 

14119  not  go  from  said  country  for  hunting  purposes  without  the  con- 

14120  sent  in  writing  of  their  agent  or  other  authorized  person,  speci- 

14121  fying  the  purpose  for  which  such  leave  is  granted,  and  such 

14122  written  consent  in  all  cases  shall  be  borne  with  them  upon  their 

14123  excursions,  as  evidence  that  they  are  rightfully  away  from  their 

14124  reservation,  and  shall  be  respected  by  all  officers,  employes,  and 

14125  citizens  of  the  United  States,  as  their  sufficient  safeguard  and 

14126  protection  against  injury  or  damage  in  person  or  property,  by 

14127  any  and  all  persons  whomsoever.    It  is  further  agreed  by  the  In- 

14128  dians  parties  hereto,  that  when  absent  from  their  reservation, 

14129  they  will  refrain  from  the  commission  of  any  depredations  or  in- 

14130  juries  to  the  person  or  property  of  all  persons  sustaining  friendly 

14131  relations  with  the  Government  of  the  United  States  j  that  they 

14132  will  not  while  so  absent  encamp,  by  day  or  night,  within  ten 

14133  miles  of  any  of  the  main  travelled  routes  or  roads  through  the 


317 

1 4134  country  to  which  they  go,  or  of  the  military  posts,  towns,  or  vil- 

14135  lages  therein,  without  the  consent  of  the  commanders  of  such 

141 36  military  posts,  or  of  the  civil  authorities  of  such  towns  or  villages, 

14137  and  that  henceforth  they  will,  and  do  hereby,  relinquish  all  claims 

14138  or  rights  in  and  to  any  portion  of  the  United  States  or  territo- 

14139  ries,  except  such  as  is  embraced  within  the  limits  aforesaid,  and 

14140  more  especialljr  their  claims  and  rights  in  and  to  the  country 

14141  north  of  the  Cimarone  Eiver,  and  west  of  the  eastern  boundary 

1 4142  of  New  Mexico. 

14143  ARTICLE  3.  It  is  further  agreed  that  until  the  Indians  par- 

14144  ties  hereto  have  removed  to  the  reservation  provided  for  by  the 

14145  preceding  article,  in  pursuance  of  the  stipulations  thereof,  said 

14146  Indians  shall  be,  and  they  are  hereby,  expressly  permitted  to  reside 

14147  upon  and  range  at  pleasure  throughout  the  unsettled  portions  of 

14148  that  part  of  the  country  they  claim  as  originally  theirs,  which  lies 

14149  south  of  the  Arkansas  Eiver,  as  well  as  the  country  embraced 

14150  within  the  limits  of  the  reservation  provided  for  by  the  preceding 

14151  article,  and  that  they  shall  and  will  not  go  elsewhere,  except  upon 

14152  the  term  sand  conditions  prescribed  by  the  preceding  article  inrela- 

14153  tion  to  leaving  said  reservation:  Provided,  That  the  provisions 

14154  of  the  preceding  article  in  regard  to  encamping  within  ten  miles 

14155  of  main  travelled  routes,  military  posts,  towns,  and  villages, 

14156  shall  be  in  full  force  as  to  the  privileges  granted  by  this  article  : 

14157  And  provided  further.  That  they,  the  said  Indians,  shall  and  will 

14158  at  all  times,  and  without  delay,  report  to  the  commander  of  the 

14159  nearest  military  post   the  presence  in,  or  approach    to,  said 

14160  country  of  any  hostile  band  or  bands  of  Indians  whatever. 

14161  ARTICLE  4.  It  is  further  agreed  by  the  parties  hereto  that 

14162  the  United  States  may  lay  off'  and  build  through  the  reservation, 

14163  provided  for  by  Article  2  of  this  treaty,  roads  or  highways  as 

14164  may  be  deemed  necessary,  and  may  also  establish  such  military 

14165  ])osts  within  the  same  as  may  be  found  necessary,  in  order  to 

14166  preserve    peace    among    the    Indians,    and    in    order    to    en- 

14167  force  such  laws?  rules,  and  regulations  as  are  now  or  may  from 

14168  time  to  time  be  prescribed  by  the  President  and  Congress  of  the 

14169  United  States  for  the  protection  of  the  rights  of  persons  and 

14170  property  among  the  Indians  residing  upon  said  reservation  ;  and 

14171  further,  that  in  time  of  war  such  other  military  posts  as  may  be 

14172  considered  essential  to  the  general  interests  of  the  United  States 

14173  may  be  established:  Provided,  however,  That  upon  the  building 

14174  of  such  roads,  or   establishment  of  such   military  posts,  the 

14175  amount  of  injury  sustained  by  reason  thereof  by  the  Indians  iii- 

14176  habiting  said  reservation  shall  be  ascertained  under  direction  of 

14177  the  President  of  the  United  States,  and  thereupon  such  com- 

14178  pensation  shall  be  made  to  said  Indians  as,  in  the  judgment  of 


318 

14179  the   Congress  of  the  United  States,  may  be   deemed  just  and 

141 80  proper. 

14181  ARTICLE  5.  Superseded  by  Article  10  of  treaty  of  October  21, 

14182  1867,  page  322. 

14183  ARTICLE  G.  The  Indians   parties  to  this  treaty  expressly 

14184  covenant  and  agree  that  they  will  use  their  utmost  endeavors 

14185  to  induce  that  portion  of  the  respective  tribes  not  now  present 

14186  to  unite  with  them  and  accede  to  the  provisions  of  this  treaty, 

14187  which  union  and  accession  shall  be  evidenced  and  made  binding 

14188  on  all  parties  whenever  such  absentees  shall  have  participated 

14189  in  the  beneficial  provisions  of  this  treaty. 

14190  Proclaimed  May  26,  1866. 


14191  Treaty  between  the  United  States  of  America  and  the  Kiowa  and 

14192  Comanche    tribes  of  Indians,  concluded    October  21,  1867 ; 

14193  ratification  advised  July  25,  1868  ;  proclaimed  August  25, 

14194  1868. 

14195  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

14196  to  all  and  singular  to  whom  these  presents  shall  come, 

14197  greeting : 

14198  [NOTE  BY  THE  DEPARTMENT  OF  STATE. — The  words  of  this 

14199  treaty  which  are  put  in  brackets  with  an  asterisk  are  written  in 

14200  the  original  with  black  pencil,  the  rest  of  the  original  treaty 

14201  being  written  with  black  ink.] 

14202  Whereas  a  treaty  was  made  and  concluded  at  the  Council 

14203  Camp,  on  Medicine  Lodge  Creek,  seventy  miles  south  of  Fort 

14204  Lamed,  in  the  State  of  Kansas,  on  the  twenty-first  day  of  Oc- 

14205  tober,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 

14206  sixty-seven,  by  and  between  N.  G.  Taylor,  Brevet  Major-General 

14207  William  S.  Harney,  Brevet  Major-General  C.  C.  Augur,  Brevet 

14208  Major-General  Alfred  H.  Terry,  John  B.  Sanborn,   Sartmel   F. 

14209  Tappan,  and  J.  B.  Henderson,  commissioners  on  the  part  of  the 

14210  United   States,  and  Satauk,  (Sitting  Bear,)  Sa-Tan-Ta,  (White 

14211  Bear,)   Parry-Wah-Say-Men,  (Ten   Bears,)  and   Tep-Pe-Navon, 

14212  (Painted  Lips,)  and  other  chiefs  and  head-men  of  the  Kiowa  and 

14213  Comauche  tribes  of  Indians,  on  the  part  of  said  Indians,  and 

14214  duly  authorized  thereto  by  them,  which  treaty  is  in  the  words 

14215  and  figures  following,  to  wit : 

14216  Articles  of  a  treaty  and  agreement  made  and  entered  into  at  the 

14217  Council  Camp,  on  Medicine  Lodge  Creek,  seventy  miles  south 

14218  of  Fort  Lamed,  in  the  State  of  Kansas,  on  the  twenty -first 

14219  day  of  October,  one  thousand  eight  hundred  and  sixty  - 

14220  seven,  by  and  between  the  United  States  of  America,  repre- 

14221  sented  by  its  commissioners  duly  appointed  thereto,  to  wit, 


319 

14222  Nathaniel   G.  Taylor,  William  S.   Harney,  C.  C.   Augur, 

14223  Alfred  8.  [H.]  Terry,  John  B.  Sanborn,  Samuel  F.  Tappau, 

14224  and  J.  B.  Henderson,  of  the  one  part,  and  the  confederated 

14225  tribes  of  Kiowa  and  Comanche   Indians,  represented  by 
14220            their  chiefs  and  head-men,  duly  authorized  and  empowered 

14227  to  act  for  the  body  of  the  people  of  said  tribes,  (the  names 

14228  of  said  chiefs  and  head-men  being  hereto  subscribed,)  of  the 

14229  other  part,  witness : 

14230  ARTICLE  1.  From  this  day  forward  all  war  between  the 

14231  parties  to  this  agreement  shall  forever  cease. 

14232  The  Government  of  the  United  States  desires  peace,  and 

14233  its  honor  is  here  pledged  to  keep  it.    The  Indians  desire  peace, 

14234  and  they  now  pledge  their  honor  to  maintain  it.     If  bad  men 

14235  among  the   whites,    or    among    other    people   subject  to  the 

14236  authority  of  the  United  States,  shall  commit  any  wrong  upon 

14237  the  person  or  property  of  the  Indians,  the  United  States  will, 

14238  upon  proof  made  to  the  agent  and  forwarded  to  the  Commis- 

14239  sioner  of  Indian  Affairs  at  Washington  City,  proceed  at  once  to 

14240  cause  the  offender  to  be  arrested  and  punished  according  to  the 

14241  laws  of  the  United  States,  and  also  re-imburse  the  injured  person 

14242  for  the  loss  sustained. 

14243  If  bad  men  among  the  Indians  shall  commit  a  wrong  or 

14244  depredation  upon  the  person  or  property  of  any  one,   white, 

14245  black,  or  Indians,  subject  to  the  authority  of  the  United  States 

14246  and  at  peace  therewith,  the  tribes  herein  named  solemnly  agree 

14247  that  they  will,  on  proof  made  to  their  agent  and  notice  by  him, 

14248  deliver  up  the  wrong-doer  to  the  United  States,  to  be  tried  and 

14249  punished  according  to  its  laws,  and  in  case  they  wilfully  refuse 

14250  so  to  do,  the  person  injured  shall  be  re-iuibursed  for  his  loss  from 

14251  the  annuities  or  other  moneys  due  or  to  become  due  to  them 

14252  under  this  or  other  treaties  made  with  the  United  States.    And 

14253  the  President,  on  advising  with  the  Commissioner  of  Indian 

14254  Affairs,  shall  prescribe  such  rules  and  regulations  for  ascertain- 

14255  ing  damages  under  the  provisions  of  this  article  as,  in  his  judg- 

14256  merit,  may  be  proper  $  but  no  such  damages  shall  be  adjusted 

14257  and  paid  until  thoroughly  examined  and  passed  upon  by  the 

14258  Commissioner  of  Indian  Affairs  and  the  Secretary  of  the  Inte- 

14259  rior ;  and  no  one  sustaining  loss,  while  violating  or  because  of 

14260  his  violating  the  provisions  of  this  treat3'  or  the  laws  of  the 

14261  United  States,  shall  be  re-imbursed  therefor. 

14262  ARTICLE  2.  The  United  States  agrees  that  [the*]  following 

14263  district  of  country,  to  wit:  commencing  at  a  point  where  the 

14264  Washita  River  crosses  the  98th  meridian  west  from  Greenwich  ; 

14265  thence  up  the  Washita  Eiver,  in  the  middle  of  the  main  channel 

14266  thereof,  to  a  point  thirty  miles,  by  river,  west  of  Fort  Cobb,  as 

14267  now  established :  thence  due  west  to  the  north  fork  of  Bed 


320 

14268  Eiver,  provided  said  line  strikes  said  river  east  of  the  one  hun- 

14269  dredth  meridian  of  west  longitude ;   if  not,  then  only  to  said 

14270  meridian-line,  and  thence  south,  on  said  meridian-line,  to  the 

14271  said  north  fork  of  Eed  River  ;  thence  down  said  north  fork,  in 

14272  the  middle  of  the  main  channel  thereof,  from  the  point  where  it 

14273  may  be  first  intersected  by  the  lines  above  described,  to  the 

14274  main  Eed  Eiver;  thence  down  said  river,  in  the  middle  of  the 

14275  main  channel  thereof,  to  its  intersection  with  the  ninety-eighth 

14276  meridian  of  longitude  west  from  Greenwich ;  thence  north,  on 

14277  said  meridian-line,  to  -the  place  of  beginning,  shall  be,  and  the 

14278  same  is  hereby,  set  apart  for  the  absolute  and  undisturbed  use 

14279  and  occupation  of  the  tribes  herein  named,  and  for  such  other 

14280  friendly  tribes  or  individual  Indians  as,  from  time  to  time,  they 

14281  may  be  willing  [with  the  consent  of  the  United  States*]  to  admit 

14282  among  them;  and  the  United  States  now  solemnly  agrees  that 

14283  no  persons  except  those  herein  authorized  so  to  do,  and  except 

14284  such  officers,  agents,  and  employes  of  the  Government  as  may  be 

14285  authorized   to  enter  upon  Indian  reservation  in   discharge  of 
11286  duties  enjoined  by  law,  shall  ever  be  permitted  to  pass  over,  settle 

14287  upon,  or  reside  in  the  territory  described  in  this  article,  or  in 

14288  such  territory  as  may  be  added  to  this  reservation,  for  the  use 

14289  of  said  Indians. 

L4290  ARTICLE  3.  If  it  should  appear  from  actual  survey  or  other 

14291  satisfactory  examination  of  said  tract  of  laud  that  it  contains 

14292  less  than  one  hundred  and  sixty  acres  of  tillable  land  for  each 

14293  person  who,  at  the  time,  may  be  authorized  to  reside  on  it  under 

14294  the  provisions  of  this  treaty,  and  a  very  considerable  number  of 

14295  such  persons  shall  be  disposed  to  commence  cultivating  the  soil 

14296  as  farmers,  the  United  States  agrees  to  set  apart  for  the  use  of 

14297  said  Indians,  as  herein  provided,  such  additional  quantity  of 

14298  arable  land  adjoining  to  said  reservation,  or  as  near  the  same 

14299  as  it  can  be  obtained,  as  may  be  required  to  provide  the  neces- 

14300  sary  amount. 

14301  ARTICLE  4.  The  United  States  agrees,  at  its  own  proper  ex- 

14302  pense,  to  construct,  at  some  place  near  the  centre  of  said  reser- 
L4303  vation,  where  timber  and  water  may  be  convenient,  the  follow- 
L4304  ing  buildings,  to  wit :  A  warehouse  or  store-room  for  the  use  of 

14305  the  agent,  in  storing  goods  belonging  to  the  Indians,  to  cost  not 

14306  exceeding  fifteen  hundred  dollars ;  an  agency-building  for  the 
J4307  residence  of  the  agent,  to  cost  not  exceeding  three  thousand 

14308  dollars ;  a  residence  for  the  physician,  to  cost  not  more  than  three 

14309  thousand   dollars ;  and   five   other  buildings,  for  a  carpenter, 

14310  farmer,  blacksmith,  miller,  and  engineer,  each  to  cost  not  ex- 

14311  ceeding  two  thousand  dollars ;  also  a  school-house  or  mission- 

14312  building,  so  soon  as  a  sufficient  number  of  children  can  be  in- 


321 

14313  duced  by  the  agent  to  attend  school,  which  shall  not  cost  exceed- 

14314  ing  five  thousand  dollars. 

14315  The  United  States  agrees  further  to  cause  to  be  erected  on 

14316  said  reservation,  near  the  other  buildings  herein  authorized,  a 

14317  good  steam  circular-saw  mill,  with  a  grist-mill  and  shingle-ma- 

14318  chine  attached;  the  same  to  cost  not  exceeding  eight  thousand 

14319  dollars. 

14320  ARTICLE  5.  The  United  States  agrees  that  the  agent  for  the 

14321  said  Indians  in  the  future  shall  make  his  home  at  the  agency  - 

14322  building;  that  he  shall  reside  among  them,  and  keep  an  office 

14323  open  at  all  times, for  the  purpose  of  prompt  and  diligent  inquiry 

14324  into  such  matters  of  complaint  by  and  against  the  Indians  as 

14325  may  be  presented  for  investigation  under  the  provisions  of  their 

14326  treaty  stipulations,  as  also  for  the  faithful  discharge  of  other 

14327  duties  enjoined  on  him  by  law.    In  all  cases  of  depredation  on 
11328  person  or  property,  he  shall  cause  the  evidence  to  be  taken  in 

14329  writing  and  forwarded,  together  with  his  findings,  to  the  Com- 

14330  missiouer  of  Indian  Affairs,  whose  decision,  subject  to  the  re- 

14331  vision  of  the  Secretary  of  the  Interior,  shall  be  binding  on  the 

14332  parties  to  this  treaty. 

14333  ARTICLE  6.   If  any  individual  belonging  to  said  tribes 

14334  of    Indians,    or  legally  incorporated    with    them,   being    the 

14335  head    of   a    family,  shall    desire    to    commence    farming,    he 

14336  shall   have    the    privilege    to    select,    in    the    presence    and 

14337  with  the  assistance  of  the  agent  then  in  charge,  a  tract  of 

14338  land  within   said   reservation,  not    exceeding  three    hundred 

14339  and  twenty  acres  in  extent,  which  tract,  when  so  selected, 

14340  certified,  and  recorded  in  the  "  land  book  "  as  herein  directed, 

14341  shall  cease  to  be  held  in  common,  but  the  same  may  be  occupied 

14342  and  held  in  the  exclusive  possession  of  the  person  selecting  it, 

14343  and  of  his  family,  so  long  as  he  or  they  may  continue  to  cultivate 

14344  it.    Any  person  over  eighteen  years  of  age,  not  being  the  head 

14345  of  a  family,  may  in  like  manner  select  and  cause  to  be  certified 

14346  to  him  or  her,  for  purposes  of  cultivation,  a  quantity  of  land  not 

14347  exceeding  eighty  acres  in  extent,  and  thereupon  be  entitled  to 

14348  the  exclusive  possession  of  the  same,  as  above  directed.    For 

14349  each  tract  of  land  so  selected  a  certificate,  containing  a  descrip- 

14350  tion  thereof  and  the  name  of  the  person  selecting  it,  with  a  cer- 

14351  tificate  indorsed  thereon  that  the  same  has  been  recorded,  shall 

14352  be  delivered  to  the  party  entitled  to  it,  by  the  agent,  after  the 

14353  same  shall  have  been  recorded  by  him  in  a  book  to  be  kept  in 

14354  his  office,  subject  to  inspection,  which  said  book  shall  be  known 

14355  as  the  "  Kiowa  and  ^Comanche  land  book."     The  President 

14356  may  at  any  time  order  a  survey  of  the  reservation,  and,  when 

14357  so  surveyed,  Congress  shall  provide  for  protecting  the  rights  of 

14358  settlers  in  their  improvements,  and  may  fix  the  character  of  the 

41  I  T 


322 

14359  title  held  by  each.    The  United  States  may  pass  such  laws  on 

14360  the  subject  of  alienation  and  descent  of  property  and  on  all  sub- 

14361  jects  connected  with  the  government  of  the  said  Indians  on  said 

14362  reservations,  and  the  internal  police  thereof,  as  may  be  thought 

14363  proper. 

14364  ARTICLE  7.  In  order  to  insure  the  civilization  of  the  tribes 

14365  entering  into  this  treaty,  the  necessity  of  education  is  admit- 

14366  ted,  especially  by  such  of  them  as  are  or  may  be  settled  on  said 

14367  agricultural  reservations ;  and  they  therefore  pledge  themselves 

14368  to  compel  their  children,  male  and  female,  between  the  ages  of 

14369  six  and  sixteen  years,  to  attend  school ;  and  it  is  hereby  made 

14370  the  duty  of  the  agent  for  said  Indians  to  see  that  this  stipula- 

14371  tion  is  strictly  complied  with ;  and  the  United  States  agrees 

14372  that  for  every  thirty  children  between  said  ages,  \yho  can  be  in- 

14373  duced  or  compelled  to  attend  school,  a  house  shall  be  provided, 

14374  and  a  teacher  competent  to  teach  the  elementary  branches  of  an 

14375  English  education  shall  be  furnished,  who  will  reside  among 

14376  said  Indians,  and  faithfully  discharge  his  or  her  duties  as   a 

14377  teacher.    The  provisions  of  this  article  to  continue  for  not  less 

14378  than  twenty  years. 

14379  ARTICLE  8.  When  the  head  of  a  family  or  lodge  shall  have 

14380  selected  lauds  and  received  his  certificate  as  above  directed,  and 

14381  the  agent  shall  be  satisfied  that  he  intends  in  good  faith  to 

14382  commence  cultivating  the  soil  for  a  living,  he  shall  be  entitled 

14383  to  receive  seeds  and  agricultural  implements  for  the  first  year, 

14384  not  exceeding  in  value  one  hundred  dollars,  and  for  each  suc- 

14385  ceeding  year  he  shall  continue  to  farm,  for  a  period  of  three 

14386  years  more,  he  shall  be  entitled  to  receive  seeds  and  implements 

14387  as  aforesaid  not  exceeding  in  value  twenty-five  dollars.    And 

14388  it  is  farther  stipulated  that  such  persons  as  commence  farming 

14389  shall  receive  instruction  from  the  farmer  herein  provided  for,  and 

14390  whenever  more  than  one  hundred  persons  shall  enter  upon  the 

14391  cultivation  of  the  soil,  a  second  blacksmith  shall  be  provided, 

14392  together  with  such  iron,  steel,  and  other  material  as  may  be 

14393  needed. 

14394  ARTICLE  9.  At  any  time  after  ten  years  from  the  making  of 

14395  this  treaty  the  United  States  shall  have  the  privilege  of  with- 

14396  drawing  the  physician,  farmer,  blacksmiths,  carpenter,  engineer, 

14397  and  miller  herein  provided  for;  but,  in  case  of  such  withdrawal, 

14398  an  additional  sum  thereafter  of  ten  thousand  dollars  per  annum 

14399  shall  be  devoted  to  the  education  of  said  Indians,  and  the  Com- 

14400  missioner  of  Indian  Affairs  shall,  upon  careful  inquiry  into  the 

14401  condition  of  said  Indians,  make  such  rules  and  regulations  for 

14402  the  expenditure  of  said  sum  as  will  best  promote  the  educational 

14403  and  moral  improvement  of  said  tribes. 

14404  ARTICLE  10.  In  lieu  of  all  sums  of  money  or  other  annui- 


323 

14405  ties  provided  to  be  paid  to  the  Indians  herein  named,  under  the 

14406  treaty  of  October  eighteenth,  one  thousand  eight  hundred  and 

14407  sixty-five,  made  at  the  mouth  of  the  "  Little  Arkansas,"  and 

14408  under  all  treaties  made  previous  thereto,  the  United  States 

14409  agrees  to  deliver  at  the  agency-house  on  the  reservation  herein 

14410  named,  on  the  fifteenth  day  of  October  of  each  year,  for  thirty 

14411  years,  the  following  articles,  to  wit: 

14412  For  each  male  person  over  fourteen  years  of  age,  a  suit  of 

14413  good  substantial  woollen  clothing,  consisting  of  coat,  pantaloons, 

14414  flannel  shirt,  hat,  and  a  pair  of  home-made  socks.    For  each 

14415  female  over  twelve  years  of  age,  a  flannel  skirt,  or  the  goods 

14416  necessary  to  make  it,  a  pair  of  woollen  hose,  and  twelve  yards  of 

14417  calico,  and  twelve  yards  of  "  domestic.77 

14418  For  the  boys  and  girls  under  the  ages  named,  such  flannel 

14419  and  cotton  goods  as  may  be  needed,  to  make  each  a  suit  as  afore- 

14420  said,  together  with  a  pair  of  woollen  hose  for  each;  and  in  order 

14421  that  the  Commissioner  of  Indian  Affairs  may  be  able  to  estimate 

14422  properly  for  the  articles  herein  named,  it  shall  be  the  duty  of 

14423  the  agent,  each  year,  to  forward  him  a  full  and  exact  census  of 

14424  the  Indians  on  which  the  estimates  from  year  to  year  can  be 

14425  based;  and,  in  addition  to  the  clothing  herein  named,  the  sum 

14426  of  twenty-five  thousand  dollars  shall  be  annually  appropriated 

14427  for  a  period  of  thirty  years,  to  be  used  by  the  Secretary  of  the 

14428  Interior  in  the  purchase  of  such  articles,  upon  the  recoinmeuda- 

14429  tion  of  the  Commissioner  of  Indian  Affairs,  as  from  time  to  time 

14430  the  condition  and  necessities  of  the  Indians  may  indicate  to  be 

14431  proper;  and  if  at  any  time  within  the  thirty  years  it  shall  appear 

14432  that  the  amount  of  money  needed  for  clothing  under  this  article 

14433  can  be  appropriated  to  better  uses  for  the  tribes  herein  named, 

14434  Congress  may  by  law  change  the  appropriation  to  other  purposes, 

14435  but  in  no  event  shall  the  amount  of  this  appropriation  be  with- 

14436  drawn  or  discontinued  for  the  period  named;  and  the  President 

14437  shall  annually  detail  an  officer  of  the  Army  to  be  present  and 

14438  attest  the  delivery  of  all  the  goods  herein  named  to  the  Indians, 

14439  and  he  shall  inspect  and  report  on  the  quantity  and  quality  of 

14440  the  goods  and  the  manner  of  their  delivery. 

14441  ARTICLE  11.  In  consideration  of  the  advantages  and  ben- 

14442  efits  conferred  by  this  treaty,  and  the  many  pledges  of  friend- 

14443  ship  by  the  United  States,  the  tribes  who  are  parties  to  this 

14444  agreement  hereby  stipulate  that  they  will  relinquish  all  right  to 

14445  occupy  permanently  the  territory  outside  of  their  reservation, 

14446  as  herein  defined,  but  they  yet  reserve  the  right  to  hunt  on  any 

14447  lands  south  of  the  Arkansas  [Kiver,*]  so  long  as  the  buffalo  may 

14448  range  thereon  in  such  numbers  as  to  justify  the  chase,  [and  no 

14449  white  settlements  shall  be  permitted  on  any  part  of  the  lauds 

14450  contained  in  the  old  reservation,  as  defined  by  the  treaty  made 


324 

14451  between  the  United  States  and  the  Cheyenne,  Arapahoe,  and 

14452  Apache  tribes  of  Indians  at  the  inouth  of  the  Little  Arkansas, 

14453  under  date  of  October  fourteenth,  one  thousand  eight  hundred 

14454  and  sixty-five,  within  three  years  from  this  date  ;*]  and  they, 

14455  [the  said  tribes,*]  further  expressly  agree — 

14456  1st.  That  they  will  withdraw  all  opposition  to  the  construe- 

14457  tion  of  the  railroad  now  being  built  on  the  Smoky  Hill  River, 

14458  whether  it  be  built  to  Colorado  or  New  Mexico. 

14459  2d.  That  they  will  permit  the  peaceable  construction  of  any 

14460  railroad  not  passing  over  their  reservation  as  herein  denned. 

14461  3d.  That  they  will  not  attack  any  persons  at  home,  nor  trav- 

14462  elling,  nor  molest  or  disturb  any  wagon- trains,  coaches,  mules, 

14463  or  cattle  belonging  to  the  people  of  the  United  States,  or  to  per- 

14464  sons  friendly  therewith. 

14465  4th.  They  will  never  capture  or  carry  off  from  the  settle- 

14466  meuts  white  women  or  children. 

14467  5th.  They  will  never  kill  nor  scalp  white  men,  nor  attempt 

14468  to  do  them  harm. 

14469  6th.  They  withdraw  all  pretence  of  opposition  to  the  con- 

14470  struction  of  the  railroad  now  being  built  along  the  Platte  Kiver 

14471  and  westward  to  the  Pacific  Ocean ;  and  they  will  not,  in  future, 

14472  object  to  the  construction  of  railroads,  wagon-roads,  inail-sta- 

14473  tions,  or  other  works  of  utility  or  necessity  which  may  be  or- 

14474  dered  or  permitted  by  the  laws  of  the  United  States.  But  should 

14475  such  roads  or  other  works  be  constructed  on  the  lands  of  their 

14476  reservation ,  the  Government  will  pay  the  tribes  whatever  amount 

14477  of  damage  may  be   assessed  by  three  disinterested  commis- 

14478  sioners,  to  be  appointed  by  the  President  for  that  purpose,  one 

14479  of  said  commissioners  to  be  a  chief  or  head-man  of  the  tribes. 

14480  7th.  They  agree  to  withdraw  all  opposition  to  the  military 

14481  posts  now  established  in  the  western  Territories. 

14482  ARTICLE  12.  No  treaty  for  the  cession  of  any  portion  or 

14483  part  of  the  reservation  herein  described,  which  may  be  held  in 

14484  common,  shall  be  of  any  validity  or  force  as  against  the  said 

14485  Indians,  unless  executed  and  signed  by  at  least  three  fourths  of 

14486  all  the  adult  male  Indians  occupying  the  same,  and  no  cession 

14487  by  the  tribe  shall  be  understood  or  construed  in  such  manner  as 

14488  to  deprive,  without  his  consent,  any  individual  member  of  the 

14489  tribe  of  his  rights  to  any  tract  of  land  selected  by  him  as  pro- 

14490  vided  in  Article  III  [VI]  of  this  treaty. 

14491  ARTICLE  13.  The  Indian  agent,  in  employing   a  farmer, 

14492  blacksmith,  miller,   and  other  employes  herein  provided  for, 

14493  qualifications  being  equal,  shall  give  the  preference  to  Indians. 

14494  ARTICLE  14.  The  United  States  hereby  agrees  to  furnish 

14495  annually  to  the  Indians  the  physician,  teachers,  carpenter,  mil- 

14496  ler,  engineer,  farmer,  and  blacksmiths,  as  herein  contemplated, 


325 

14497  aiid  that  such  appropriations  shall  be  made  from  time  to  time, 

14498  on  the  estimates  of  the  Secretary  of  the  Interior,  as  will  be  suf- 

14499  ficient  to  employ  such  persons. 

14500  ARTICLE  15.  It  is  agreed  that  the  sum  of  seven  hundred 

14501  and  fifty  dollars  be  appropriated  for  the  purpose  of  building  a 

14502  dwelling-house  on  the  reservation  for  a  Tosh-e-wa,"  (or  the  Sil- 

14503  ver  Brooch,)  the  Comanche  chief  who  has  already  commenced 

14504  farming  on  the  said  reservation.    And  the  sum  of  five  hundred 

14505  dollars  annually,  for  three  years  from  date,  shall  be  expended  in 

14506  presents  to  the  ten  persons  of  said  tribes  who,  in  the  judgment 

14507  of  the  agent,  may  grow  the  most  valuable  crops  for  the  period 

14508  named. 

14509  ARTICLE   16.  The  tribes  herein  named  agree,   when   the 

14510  agency-house  and  other  buildings  shall  be  constructed  on  the 

14511  reservation  named,  they  will  make  said  reservation  their  perrna- 

14512  nent  home,  and  they  will  make  no  permanent  settlement  else- 

14513  where,  but  they  shall  have  the  right  to  hunt  on  the  lands  south 

14514  of  the  Arkansas  Eiver,  formerly  called  theirs,  in  the  same  nian- 

14515  ner,  subject  to  the  modifications  named  in  this  treaty,  as  agreed 

14516  on  by  the  treaty  of  the  Little  Arkansas,  concluded  the  eight- 

14517  eenth  day  of  October,  one  thousand  eight  hundred  and  sixty-five. 

14518  Proclaimed  August  25,  1868. 


14519  CKOWS. 

14520  For  the  purpose  of  perpetuating  the  friendship  which  has 

14521  heretofore  existed,  as  also  to  remove  all  future  cause  of  discus- 

14522  sion  or  dissension,  as  it  respects  trade  and  friendship  between 

14523  the  United   States  and  their  citazens  and  the  Crow  tribe   of 

14524  Indians,  the  President  of  the   United  States  of  America,  by 

14525  Brigadier-General  Henry  Atkinson,  of  the  United  States  Army, 

14526  and  Major  Benjamin  O'Fallon,  Indian  agent,  with  full  powers 

14527  and  authority,  specially  appointed  and  commissioned  for  that 

14528  purpose,  of  the  one  part,  and  the  undersigned  chiefs,  head-men, 

14529  and  warriors  of  the  said  Crow  tribe  of  Indians  on  behalf  of  their 

14530  tribe,  of  the  other  part,  have  made  and  entered  into  the  following 

14531  articles  and  conditions,  which,  when  ratified  by  the  President  of 

14532  the  United  States,  by  and  with  the  advice  and  consent  of  the 

14533  Senate,  shall  be  binding  on  both  parties,  to  wit : 

14534  ARTICLE  1.  It  is  admitted  by  the  Crow  tribe  of  Indians 

14535  that  they  reside  within  the  territorial  limits  of  the  United  States, 

14536  acknowledge  their  supremacy,  and  claim  their  protection.    The 

14537  said  tribe  also  admit  the  right  of  the  United  States  to  regulate 

14538  all  trade  and  intercourse  with  them. 

14539  ARTICLE  2.  The  United  States  agree  to  receive  the  Crow 


326 

14540  tribe  of  Indians  into  their  friendship  and  under  their  protection, 

14541  and  to  extend  to  them  from  time  to  time  such  benefits  and  acts 

14542  of  kindness  as  may  be  convenient,  and  seem  just  and  proper  to 

14543  the  President  of  the  United  States. 

14544  ARTICLE  3.  All  trade  and  intercourse  with  the  Crow  tribe 

14545  shall  be  transacted  at  such  place  or  places  as  may  be  designated 

14546  and  pointed  out  by  the  President  of  the  United  States  through 

14547  his  agents,  and  none  but  American  citizens,  duly  authorized  by 

14548  the  United  States,  shall  be  admitted  to  trade  or  hold  intercourse 

14549  with  said  tribe  of  Indians. 

14550  ARTICLE  4.  That  the  Crow  tribe  may  be  accommodated  with 

14551  such  articles  of  merchandise,  &c.,  as  their  necessities  may  de- 

14552  mand,  the  United  States  agree  to  admit  and  license  traders  to 

14553  hold  intercourse  with  said  tribe,  under  mild  and  equitable  regu- 

14554  lations,  in  consideration  of  which,  the  Crow  tribe  bind  themselves 

14555  to  extend  protection  to  the  persons  and  the  property  of  the 

14556  traders,  and  the  persons  legally  employed  under  them,  whilst 

14557  they  remain  within  the  limits  of  their  district  of  country.     And 

14558  the  said  Crow  tribe  further  agree,  that  if  any  foreigner  or  other 

14559  person,  not  legally  authorized  by  the  United  States,  shall  come 

14560  into  their  district  of  country,  for  the  purposes  of  trade  or  other 

14561  views,  they  will  apprehend  such  person  or  persons,  and  deliver 

14562  him  or  them  to  some  United  States  superintendent  or  agent  of 

14563  Indian  affairs,  or  to  the  commandant  of  the  nearest  military 

14564  post,  to  be  dealt  with  according  to  law.    And  they  further  agree 

14565  to  give  safe-conduct  to  all  persons  who  may  be  legally  authorized 

14566  by  the  United  States  to  pass  through  their  country,  and  to  pro- 

14567  tect  in  their  persons  and  property  all  agents  or  other  persons 

14568  sent  by  the  United  States  to  reside  temporarily  among  them ; 

14569  and  that  they  will  not,  whilst  on  their  distant  excursions,  molest  or 

14570  interrupt  any  American  citizen  or  citizens,  who  may  be  passing 

14571  from  the  United  States  to  New  Mexico,  or  returning  from  thence 

14572  to  the  United  States. 

14573  ARTICLE  5.  That  the  friendship  which  is  now  established 

14574  between  the  United  States  and  the  Crow  tribe  should  not  be  in- 

14575  terrupted  by  the  misconduct  of  individuals,  it  is  hereby  agreed 

14576  that,  for  injuries  done  by  individuals,  no  private  revenge  or 

14577  retaliation  shall  take  place,  but,  instead  thereof,  complaints  shall 

14578  be  made,  by  the  party  injured,  to  the  superintendent  or  agent 

14579  of  Indian  affairs,  or  other  person  appointed  by  the  President ; 

14580  and  it  shall  be  the  duty  of  said  chiefs,  upon  complaint  being 

14581  made  as  aforesaid,  to  deliver  up  the  person  or  persons  against 

14582  whom  the  complaint  is  made,  to  the  end  that  he  or  they  may  be 

14583  punished,  agreeably  to  the  laws  of  the  United  States.    And,  in 

14584  like  manner,  if  any  robbery,  violence,  or  murder  shall  be  com- 

14585  mitted  on  any  Indian  or  Indians  belonging  to  the  said  tribe,  the 


327 

14586  person  or  persons  so  offending  shall  be  tried,  and,  if  found 

14587  guilty,  shall  be  punished  in  like  manner  as  if  the  injury  had 

14588  been  done  to  a  white  man.    And  it  is  agreed  that  the  chiefs  of 

14589  said  Crow  tribe  shall,  to  the  utmost  of  their  power,  exert  theur 

14590  selves  to  recover  horses  or  other  property  which  may  be  stolen 

14591  or  taken  from  any  citazen  or  citazens  of  the  United  States  by  any 

14592  individual  or  individuals  of  said  tribe;  and  the  property  so  re- 

14593  covered  shall  be  forthwith  delivered  to  the  agents  or  other  per- 

14594  son  authorized  to  receive  it,  that  it  may  be  restored  to  the  proper 

14595  owner.    And  the  United  States  hereby  guaranty  to  any  Indian 

14596  or  Indians  of  said  tribe  a  full  indemnification  for  any  horses  or 

14597  other  property  which  may  be  stolen  from  them  by  any  of  their 

14598  citazens :  Provided,  That  the  property  stolen  cannot  be  recov- 

14599  ered,  and  that  sufficient  proof  is  produced  that  it  was  actually 

14600  stolen  by  a  citazen  of  the  United  States.     And  the  said  tribe 

14601  engage,  on  the  requisition  or  demand  of  the  President  of  the 

14602  United  States,  or  of  the  agents,  to  deliver  up  any  white  man 

14603  resident  among  them. 

14604  ARTICLE  6.  And  the  chiefs  and  warriors,  as  aforesaid,  prom- 

14605  ise  and  engage  that  their  tribe  will  never,  by  sale,  exchange,  or 

14606  as  presents,  supply  any  nation,  tribe,  or  band  of  Indians,  not  in 

14607  amity  with  the  United  States,  with  guns,  ammunition,  or  other 

14608  implements  of  war. 

14609  Proclaimed  February  6,  1826. 


14610  Treaty  between  the  United  States  of  America  and  the  Crow  tribe  of 

14611  Indians  ;  concluded  May  7, 1868  ;  ratification  advised  July  25, 

14612  1868. 

14613  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

14614  to  all  and  singular  to  whom  these  presents  shall  come,  greet- 

14615  ing: 

14616  Whereas  a  treaty  was  made  and  concluded  at  Fort  Laramie 

14617  in  the  Territory  of  Dakota,  on  the  seventh  day  of  May,  in  the 
141518  year  of  our  Lord  one  thousand  eight  hundred  and  sixty-eight,  by 

14619  and  between  Lieutenant- General  W.  T.  Sherman,  Brevet  Major- 

14620  General  William  S.  Harney,  Alfred  H.  Terry,  Brevet  Major-Gen- 

14621  eral  0.  C.  Augur,  John  B.  Sanboru,  and  S.  F.  Tappan,  commis 

14622  sioners  on  the  part  of  the  United  States,  and  Che-Ba-Pee-Ish-Ka- 

14623  Te,  Chat-Sta-He,  and  other  chiefs  and  head-men  of  the  Crow  tribe 

14624  of  Indians,  on  the  part  of  said  Indians,  and  duly  authorized 

14625  thereto  by  them,  which  treaty  is  in  the  words  and  figures  fol- 

14626  lowing,  to  wit : 

14627  Articles  of  a  treaty  made  and  concluded  at  Fort  Laramie,  Dakota 

14628  Territory,  on  the  seventh  day  of  May,  in  the  year  of  our  Lord 


328 

14629  one  thousand  eight  hundred  and  sixty-eight,  by  and  between 

14630  the  undersigned  commissioners  on  the  part  of  the  United 

14631  States,  and  the  undersigned  chiefs  and  head-men  of  and 

14632  representing  the  Crow  Indians,  they  being  duly  authorized 

14633  to  act  in  the  premises. 

14634  ARTICLE  1.  From  this  day  forward  peace  between  the  par- 

14635  ties  to  this  treaty  shall  forever  continue.    The  Government  of 

14636  the  United  States  desires  peace,  and  its  honor  is  hereby  pledged 

14637  to  keep  it.    The  Indians  desire  peace,  and  they  hereby  pledge 

14638  their  honor  to  maintain  it.    If  bad  men  among  the  whites  or 

14639  among  other  people,  subject  to  the  authority  of  the  United  States, 

14640  shall  commit  any  wrong  upon  the  person  or  property  of  the  In- 

14641  diaus,  the  United  States  will,  upon  proof  made  to  the  agent  and 

14642  forwarded  to  the  Commissioner  of  Indian  Affairs  at  Washington 

14643  City,  proceed  at  once  to  cause  the  offender  to  be  arrested  and 

14644  punished  according  to  the  laws  of  the  United  fc  tates,  and  also 

14645  re-imburse  the  injured  person  for  the  loss  sustained. 

14646  If  bad  men  among  the  Indians  shall  commit  a  wrong  or 

14647  depredation  upon  the  person  or  property  of  any  one,  white,  black, 

14648  or  Indian,  subject  to  the  authority  of  the  United  States  and  at 

14649  peace  therewith,  the  Indians  herein  named  solemnly  agree  that 

14650  they  will,  on  proof  made  to  their  agent  and  notice  by  him,  deliver 

14651  up  the  wrong-doer  to  the  United  States,  to  be  tried  and  punished 

14652  according  to  its  laws;  and  in  case  they  refuse  willfully  so  to  do, 

14653  the  person  injured  shall  be  re-imbursed  for  his  loss  from  the 

14654  annuities  or  other  moneys  due  or  to  become  due  to  them  under 

14655  this  or  other  treaties  made  with  the  United  States.    And  the 

14656  President,  on  advising  with  the  Commissioner  of  Indian  Affairs, 

14657  shall  prescribe  such  rules  and  regulations  for  ascertaining  dam- 

14658  ages  under  the  provisions  of  this  article  as  in  his  judgment  may 

14659  be  proper.     But  no  such  damages  shall  be  adjusted  and  paid 

14660  until  thoroughly  examined  and  passed  upon  by  the  Commissioner 

14661  of  Indian  Affairs,  and  no  one  sustaining  loss  while  violating,  or 

14662  because  of  his  violating,  the  provisions  of  this  treaty  or  the  laws 

14663  of  the  United  States  shall  be  re-imbursed  therefor. 

11664  ARTICLE  2.  The  United  States  agrees  that  the  following 

14665  district  of  country,  to  wit:  commencing  where  the  107th  degree 

14666  of  longitude  west  of  Greenwich  crosses  the  south  boundary  of 

14667  Montana  Territory ;  thence  north  along  said  107th  meridian  to 

14668  the  mid-channel  of  the  Yellowstone  River ;  thence  up  said  mid- 
14669  channel  of  the  Yellowstone  to  the  point  where  it  crosses  the 

14670  said  southern  boundary  of  Montana,  being  the  45th  degree  of 

14671  north  latitude;  and  thence  east  along  said  parallel  of  latitude 

14672  to  the  place  of  beginning,  shall  be,  and  the  same  is,  set  apart 

14673  for  the  absolute  and  undisturbed  use  and  occupation  of  the  In- 

14674  dians  herein  named,  and  for  such  other  friendly  tribes  or  indi- 


329 


14675 

14676 

H677 

14678 

14679 

14680 

14681 

14682 

14683 

14684 

14685 

14686 

14687 

14688 

14689 

14690 

14691 

14692 

14693 

14694 

14695 

14696 

14697 

14698 

14699 

14700 

14701 

14702 

14703 

14704 

14705 

14706 

14707 

14708 

14709 

14710 

14711 

14712 

14713 

14714 

14715 

14716 

14717 

14718 

14719 

14720 


virtual  Indians  as  from  to  time  they  may  be  willing,  with  the 
consent  of  the  United  States,  to  admit  amongst  them;  and  the 
United  States  now  solemnly  agrees  that  no  persons,  except 
those  herein  designated  and  authorized  so  to  do,  and  except 
such  officers,  agents,  and  employes  of  the  Government  as  may  be 
authorized  to  enter  upon  Indian  reservations  in  discharge  of 
duties  enjoined  by  law,  shall  ever  be  permitted  to  pass  over, 
settle  upon,  or  reside  in  the  territory  described  in  this  article 
for  the  use  of  said  Indians,  and  henceforth  they  will,  and  do 
hereby,  relinquish  all  title,  claims,  or  rights  in  and  to  any  por 
tion  of  the  territory  of  the  United  States,  except  such  as  is  em 
braced  within  the  limits  aforesaid. 

ARTICLE  3.  The  United  States  agrees,  at  its  own  proper 
expense,  to  construct,  on  the  south  side  of  the  Yellowstone,  near 
Otter  Creek,  a  warehouse  or  store-room  for  the  use  of  the  agent 
in  storing  goods  belonging  to  the  Indians,  to  cost  not  exceeding 
twenty-five  hundred  dollars;  an  agency-building  for  the  resi 
dence  of  the  agent,  to  cost  not  exceeding  three  thousand  dol 
lars;  a  residence  for  the  physician,  to  cost  not  more  than  three 
thousand  dollars;  and  five  other  buildings,  for  a  carpenter, 
former,  blacksmith,  miller,  and  engineer,  each  to  cost  not  ex 
ceeding  two  thousand  dollars;  also  a  school-house  or  mission- 
building,  so  soon  as  a  sufficient  number  of  children  can  be  in 
duced  by  the  agent  to  attend  school,  which  shall  not  cost  ex 
ceeding  twenty-five  hundred  dollars. 

The  United  States  agrees  further  to  cause  to  be  erected  on 
said  reservation,  near  the  other  buildings  herein  authorized,  a 
good  steam  circular  saw-mill,  with  a  grist-mill  and  shingle-ma 
chine  attached,  the  same  to  cost  not  exceeding  eight  thousand 
dollars. 

ARTICLE  4.  The  Indians  herein  named  agree,  when  the 
agency-house  and  other  buildings  shall  be  constructed  on  the 
reservation  named,  they  will  make  said  reservation  their  perma 
nent  home,  and  they  will  make  no  permanent  settlement  else 
where,  but  they  shall  have  the  right  to  hunt  on  the  unoccupied 
lands  of  the  United  States  so  long  as  game  may  be  found  there 
on,  and  as  long  as  peace  subsists  among  the  whites  and  Indians 
on  the  borders  of  the  hunting  districts. 

ARTICLE  5.  The  United  States  agrees  that  the  agent  for 
said  Indians  shall  in  the  future  make  his  home  at  the  agency- 
building;  that  he  shall  reside  among  them,  and  keep  an  office 
open  at  all  times  for  the  purpose  of  prompt  and  diligent  inquiry 
into  such  matters  of  complaint,  by  and  against  the  Indians,  as 
may  be  presented  for  investigation  under  the  provisions  of  their 
treaty  stipulations,  as  also  for  the  faithful  discharge  of  other 
duties  enjoined  on  him  by  law.  In  all  cases  of  depredation  on 
42  i  T 


330 

14721  person  or  property,  he  shall  cause  the  evidence  to  be  taken  in 

14722  writing,  and  forwarded,  together  writh  his  finding,  to  the  Com- 

14723  rnissioner  of  Indian  Affairs,  whose  decision  shall  be  binding  on 

14724  the  parties  to  this  treaty. 

14725  ARTICLE  6.  If  any  individual  belonging  to  said  tribes  of  In 

14726  diaus,  or  legally  incorporated  with  them,  being  the  head  of  a 
14726  family,  shall  desire  to  commence  farming,  he  shall  have  the  priv- 

14728  ilege  to  select,  in  the  presence  and  with  the  assistance  of  the 

14729  agent  then  in  charge,  a  tract  of  laud  within  said  reservation,  not 

14730  exceeding  three  hundred  and  twenty  acres  in  extent,- which  tract, 

14731  when  so  selected,  certified,  and  recorded  in  the  "  land  book,"  as 

14732  herein  directed,  shall  cease  to  be  held  in  common, but  the  same 

14733  may  be  occupied  and  held  in  the  exclusive  possession  of  the  per- 

14734  son  selecting  it,  and  of  his  family,  so  long  as  he  or  they  may  con- 

14735  tinue  to  cultivate  it. 

14736  Any  person  over  eighteen  years  of  age,  not  being  the  head 

14737  of  a  family,  may  in  like  manner  select  and  cause  to  be  certified 

14738  to  him  or  her,  for  purposes  of  cultivation,  a  quantity  of  land  not 

14739  exceeding  eighty  acres  in  extent,  and  thereupon  be  entitled  to 

14740  the  exclusive  possession  of  the  same,  as  above  directed. 

14741  For  each  tract  of  land  so  selected  a  certificate,  containing  a 

14742  description  thereof  and  the  name  of  the  person  selecting  it,  with 

14743  a  certificate  endorsed  thereon  that  the  same  has  been  recorded, 

14744  shall  be  delivered  to  the  party  entitled  to  it  by  the  agent,  after 

14745  the  same  shall  have  been  recorded  by  him  in  a  book  to  be  kept 

14746  in  his  office,  subject  to  inspection,  which  said  book  shall  be  known 

14747  as  the  "  Crow  land  book." 

14748  The  President  may  at  any  time  order  a  survey  of  the  reser- 

14749  vatiou,  and,  when  so  surveyed,  Congress  shall  provide  for  pro- 

14750  tectin  g  the  rights  of  settlers  in  their  improvements,  and  may  fix 

14751  the  character  of  the  title  held  by  each.     The  United  States  may 

14752  pass  such  laws  on  the  subject  of  alienation  and  descent  of  prop- 

14753  erty  as  between  Indians,  and  on  all  subjects  connected  with  the 

14754  government  of  the  Indians  on  said  reservations  and  the  internal 

14755  police  thereof,  as  may  be  thought  proper. 

14756  ARTICLE  7.  In  order  to  insure  the  civilization  of  the  tribe 

14757  entering  into  this  treaty,  the  necessity  of  education  is  admitted, 

14758  especially  by  such  of  them  as  are,  or  maybe,  settled  on  said  ag- 

14759  ricultural  reservation  ;    and  they  therefore  pledge  themselves 

14760  to  compel  their  children,  male  and  female,  between  the  ages  of 

14761  six  and  sixteen  years,  to  attend  school ;  and  it  is  hereby  made 

14762  the  duty  of  the  agent  for  said  Indians  to  see  that  this  stipula- 

14763  tion  is  strictly  complied  with  j  and  the  United  States  agrees 

14764  that  for  every  thirty  children  between  said  ages,  who  can  be  iu- 

14765  duced  or  compelled  to  attend  school,  a  house  shall  be  provided, 

14766  and  a  teacher,  competent  to  teach  the  elementary  branches  of  an 


331 

14767  English  education,  shall  be  furnished  who  will   reside  among 

14768  said  Indians,  and  faithfully  discharge  his  or  her  duties  as  a 

14769  teacher.    The  provisions  of  this  article  to  continue  for  twenty 

14770  years. 

14771  ARTICLE  8.  When  the  head  of  a  family  or  lodge  shall  have 

14772  selected  lands  and  received  his  certificate  as  above  directed,  and 

14773  the  agent  shall  be  satisfied  that  he  intends  in  good  faith  to  com- 

14774  mence  cultivating  the  soil  for  a  living,  he  shall  be  entitled  to 

14775  receive  seeds  and  agricultural  implements  for  the  first  year  in 

14776  value  one  hundred  dollars,  and  for  each  succeeding  year  he  shall 

14777  continue  to  farm,  for  a  period  of  three  years  more,  he  shall  be  en- 

14778  titled  to  receive  seeds  and  implements  as  aforesaid  in  value 

14779  twenty-five  dollars  per  annum. 

14780  And  it  is  further  stipulated  that  such  persons  as  commence 

14781  farming  shall  receive  instructions  from  the  farmer  herein  pro 

14782  vided  for,  and  whenever  more  than  one  hundred  persons  shall 

14783  enter  upon  the  cultivation  of  the  soil,  a  second  blacksmith  shall 

14784  be  provided  with  such  iron,  steel,  and  other  material  as  maybe 

14785  required. 

14786  ARTICLE  9.  In  lieu  of  all  sums  of  money  or  other  annuities 

14787  provided  to  be  paid  to  the  Indians  herein  named,   under  any 

14788  and  all  treaties   heretofore  made  with  them,  the  United  States 

14789  agrees  to  deliver  at  the  agency  house,  on  the  reservation  herein 

14790  provided  for,  on  the  first  day  of  September  of  each  year  for 

14791  thirty  years,  the  following  articles,  to  wit : 

14792  For  each  male  person  over  fourteen  years  of  age,  a  suit  of 

14793  good  substantial  woolen  clothing,  consisting  of  coat,  hat,  pant- 

14794  aloons,  flannel  shirt,  and  a  pair  of  woolen  socks. 

14795  For  each  female,  over  twelve  years  of  age,  a  flannel  skirt  or 

14796  the  goods  necessary  to  make  it,  a  pair  of  woolen  hose,  twelve 

14797  yards  of  calico,  and  twelve  yards  of  cotton  domestics. 

14798  For  the  boys  and  girls  under  the  ages  named,  such  flannel 

14799  and  cotton  goods  as  may  be  needed  to  make  each  a  suit  as  afore- 

14800  said,  together  with  a  pair  of  woollen  hose  for  each. 

14801  And  in  order  that  the  Commissioner  of  Indian  Afl'airs  may 

14802  be  able  to  estimate  properly  for  the  articles  herein  named,  it 

14803  shall  be  the  duty  of  the  agent,  each  year,  to  forward  to  him  a 

14804  full  and  exact  census  of  the  Indians,  on  which  the  estimate  from 

14805  year  to  year  can  be  based. 

14806  And,  in  addition  to  the  clothing  herein  named,  the  sum  of 

14807  ten  dollars  shall  be  annually  appropriated  for  each  Indian  roam- 

14808  ing,  and  twenty  dollars  for  each  Indian  engaged  in  agriculture, 

14809  for  a  period  of  ten  years,  to  be  used  by  the  Secretary  of  the  Inte 

14810  rior  in  the  purchase  of  such  articles  as,  from  time  to  time,  the 

14811  condition  and  necessities  of  the  Indians  may  indicate  to  be  proper  • 

14812  And  if,  at  any  time  within  the  ten  years,  it  shall  appear  that  the 


332 

14813  amount  of  money  needed  for  clothing,  under  this  article,  can  be 

14814  appropriated  to  better  uses  for  the  tribe  herein  named,  Congress 

14815  may,  by  law,  change  the  appropriation  to  other  purposes ;  but 

14816  in  no  event  shall  the  amount  of  this  appropriation  be  withdrawn 

14817  or  discontinued  for  the  period  named.    And  the  President  shall 

14818  annually  detail  an  officer  of  the  Army  to  be  present  and  attest 

14819  the  delivery  of  all  the  goods  herein  named  to  the  Indians,  and 

14820  he  shall  inspect  and  report  on  the  quantity  and  quality  of  the 

14821  goods  and  the  manner  of  their  delivery  j  and  it  is  expressly  stip. 

14822  ulated  that  each  Indian  over  the  age  of  four  years,  who  shall 

14823  have  removed  to  and  settled  permanently  upon  said  reservation 

14824  and  complied  with  the  stipulations  of  this  treaty,  shall  be  en. 

14825  titled  to  receive  from  the  United  States,  for  the  period  of  four 

14826  years  after  he  shall  have  settled  upon  said  reservation,  one  pound 

14827  of  meat  and  one  pound  of  flour  per  da}',  provided  the  Indians 

14828  cannot  furnish  their  own  subsistence  at  an  earlier  date.    And  it 

14829  is  further  stipulated  that  the  United  States  will  furnish  and 

14830  deliver  to  each  lodge  of  Indians,  or  family  of  persons  legally  in- 

14831  corporated  with  them,  who  shall  remove  to  the  reservation  herein 

14832  described,  and  commence  farming,  one  good  American  cow,  and 

14833  one  good,  well-broken  pair  of  American  oxen,  within  sixty  days 

14834  after  such  lodge  or  family  shall  have  so  settled  upon  said  reserva- 

14835  tion. 

14836  ARTICLE  10.  The  United  States  hereby  agrees  to  furnish 

14837  annually  to  the  Indians  the  physician,  teachers,  carpenter,  miller, 

14838  engineer,  farmer,  and  blacksmiths  as  herein  contemplated,  and 

14839  that  such  appropriations  shall  be  made  from  time  to  time,  on  the 

14840  estimates  of  the  Secretary  of  the  Interior,  as  will  be  sufficient  to 

14841  employ  such  persons. 

14842  ARTICLE  11.  No  treaty  for  the  cession  of  any  portion  of  the 

14843  reservation  herein  described,  which  may  be  held  in  common, 

14844  shall  be  of  any  force  or  validity  as  against  the  said  Indians  un- 

14845  less  executed  and  signed  by,  at  least,  a  majority  of  all  the  adult 

14846  male  Indians  occupying  or  interested  in  the  same,  and  no  cession 

14847  by  the  tribe  shall  be  understood  or  construed  in  such  manner  as 

14848  to  deprive,  without  his  consent,  any  individual  member  of  the 

14849  tribe  of  his  right  to  any  tract  of  land  selected  by  him  as  providep 

14850  in  Article  6  of  this  treaty. 

14851  ARTICLE  12.  It  is  agreed  that  the  sum  of  live  hundred  dol- 

14852  lars  annually,  for  three  years  from  the  date  when  they  commence 

14853  to  cultivate  a  farm,  shall  be  expended  in  presents  to  the  ten  per- 

14854  sons  of  said  tribe  who,  in  the  judgment  of  the  agent,  may  grow 

14855  the  most  valuable  crops  for  the  respective  year. 

14856  Proclaimed  August  12,  1868. 


333 


14857 


DELAWAEES. 


14858  Articles  of  agreement  and  confederation  made  and  entered  into  by 

14859  Andrew  and  Thomas  Lewis,  esquires,  commissioners  for  and 
148GO  in  behalf  of  the    United  States  of  North  America,  of  the  one 

14861  part,  and  Captain  White  Eyes,  Captain  John  Kill  Buck,jun- 

14862  lor,  and  Captain  Pipe,  deputies  and  chief  men  of  the  Delaware 
1486.3  Nation,  of  the  other  part. 

14864  ARTICLE  1.  That  all  offences  or  acts  of  hostilities  by  one 

14865  or  either  of  the  contracting  parties  against  the  other  be  niutu- 

14866  ally  forgiven,  and  buried  in  the  depth  of  oblivion,  never  more 

14867  to  be  had  in  remembrance. 

14868  ARTICLE  2.  That  a  perpetual  peace  and  friendship  shall  from 

14869  henceforth  take  place  and  subsist  between  the  contracting  parties 

14870  aforesaid,  through  all  succeeding  generations,-  and  if  either  of  the 

14871  parties  are  engaged  in  a  just  and  necessary  war  with  any  other 

14872  nation  or  nations,  that  then  each  shall  assist  the  other  in  due 

14873  proportion  to  their  abilities,  till  their  enemies  are  brought  to 

14874  reasonable  terms  of  accommodation;  and  that  if  either  of  them 
148*75  shall  discover  any  hostile  designs  forming  against  the  other, 

14876  they  shall  give  the  earliest  notice  thereof,  that  ti menus  measures 

14877  may  be  taken  to  prevent  their  ill  effect. 

14878  ARTICLE  3.  And  whereas  the  United  States  are  engaged  in 

14879  a  just  and  necessary  war,  in  defence  and  support  of  life,  liberty, 

14880  and  independence,  against  the  King  of  England  and  his  adher- 

14881  ents,  and  as  said  king  is  yet  possessed  of  several  posts  and  forts 
148S2  on  the  lakes  and  other  places,  the  reduction  of  which  is  of  great 

14883  importance  to  the  peace  and  security  of  the  contracting  parties, 

14884  and  as  the  most  practicable  way  for  the  troops  of  the  United 

14885  States  to  some  of  the  posts  and  forts  is  by  passing  through  the 

14886  country  of  the  Delaware  Nation,  the  aforesaid  deputies,  on  behalf 

14887  of  themselves  and  their  nation,  do  hereby  stipulate  and  agree  to 

14888  give  a  free  passage  through  their  country  to  the  troops  aforesaid , 

14889  and  the  same  to  conduct  by  the  nearest  and  best  ways  to  the 

14890  posts,  forts,  or  towns  of  the  enemies  of  the  United   States, 

14891  affording  to  said  troops  such  supplies  of  corn,  meat,  horses,  or 

14892  whatever  may  be  in  their  power  for  the  accommodation  of  such 

14893  troops,  on  the  commanding  officers,  &c.,  paying,  or  engaging  to 

14894  pay,  the  full  value  of  whatever  they  can  supply  them  with.     And 

14895  the  said  deputies,  on  the  behalf  of  their  nation,  engage  to  join 

14896  the  troops  of  the  United  States  aforesaid,  with  such  a  number 

14897  of  their  best  and  most  expeart  warriors  as  they  can  spare,  con- 

14898  sistent  with  their  own  safety,  and  act  in  concert  with  them ;  and 

14899  for  the  better  security  of  the  old  men,  women,  and  children  of 


334 

14900  the  aforesaid  nation,  whilst  their  warriors  are  engaged  against 

14901  the  common  enemy,  it  is  agreed  on  the  part  of  the  United  States 

14902  that  a  fort  of  sufficient  strength  and  capacity  be  built  at  the 

14903  expense  of  the  said  States,  with  such  assistance  as  it  may  be  in 

14904  the  power  of  the  said  Delaware  Nation  to  give,  in  the  most  con- 

14905  veuient  place  and  advantageous  situation,  as  shall  be  agreed  on 
1490G  by  the  commanding  officer  of  the  troops  aforesaid,  with  the 

14907  advice  and  concurrence  of  the  deputies  of  the  aforesaid  Delaware 

14908  Nation,  w7hich  fort  shall  be  garrisoned  by  such  a  number  of  the 

14909  troops  of  the  United  States  as  the  commanding  oflicer  can  spare 

14910  for  the  present,  and  hereafter  by  such  numbers  tis  the  wise  men 

14911  of  the  United  States  in  council  shall  think  most  conducive  to 

14912  the  common  good. 

14913  ARTICLE  4.  For  the  better  security  of  the  peace  and  friend - 

14914  ship  now  entered  into  by  the  contracting  parties,  against  all 

14915  infractions  of  the  same  by  the  citizens  of  either  party,  to  the  pre- 
14916  judice  of  the  other,  neither  party  shall  proceed  to  the  infliction 

14917  of  punishments  on  the  citizens  of  the  other,  otherwise  than  by 

14918  securing  the  offender  or  offenders  by  imprisonment,  or  any  other 

14919  competent  means,  till  a  fair  and  impartial  trial  can  be  had  by 

14920  judges  or  juries  of  both  parties,  as  near  as  can  be  to  the  laws, 

14921  customs,  and  usages  of  the  contracting  parties  and  natural  jus- 

14922  tice  :  The  mode  of  such  tryals  to  be  hereafter  fixed  by  the  wise 

14923  men  of  the  United  States  in  Congress  assembled,  with  the  as- 

14924  sistance  of  such  deputies  of  the  Delaware  Nation  as  may  be 

14925  appointed  to  act  in  concert  with  them  in  adjusting  this  matter  to 
14920  their  mutual  liking.     And  it  is  further  agreed  between  the  par- 

14927  ties  aforesaid,  that  neither  shall  entertain  or  give  countenance 

14928  to  the  enemies  of  the  other,  or  protect  in  their  respective  states, 

14929  criminal  fugitives,  servants,  or  slaves,  but  the  same  to  apprehend, 

14930  and  secure  and  deliver  to  the  State  or  States  to  which   such  eii- 

14931  emies,  criminals,  servants,  or  slaves  respectively  belong. 

14932  ARTICLE  5.  Whereas  the  confederation  entered  into  by  the 

14933  Delaware  Nation  and  the  United  States  renders  the  first  depend- 

14934  eut  on  the  latter  for  all  the  articles  of  cloathing,  utensils,  and 

14935  implements  of  war,  and  it  is  judged  not  only  reasonable,  but  in- 
14930  dispensfbly  necessary,  that  the  aforesaid    nation  be  supplied 

14937  with  such  articles  from  time  to  time,  as  far  as  the  United  States 

14938  may  have  it  in  their  power,  by  a  well-regulated  trade,  under  the 

14939  conduct  of  an  intelligent,  candid  agent,  with  an  adequate  salary, 

14940  one  more  influenced  by  the  love  of  his  country,  and  a  constant 

14941  attention  to  the  duties  of  his  department  by  promoting  the  com- 

14942  mon  interest,  than  the  sinister  purposes  of  converting  and  bind 

14943  ing  all  the  duties  of  his  office  to  his  private  emolument :  Con- 

14944  vinced  of  the  necessity  of  such  measures,  the  commissioners  of 

14945  the  United  States,  at  the  earnest  solicitation  of  the  deputies 


335 

14940  aforesaid,  have  engaged  in  behalf  of  tlie  United  States  that  such 

14947  a  trade  shall  be  afforded  said  nation,  conducted  on  such  prin- 

14948  cipals  of  mutual  interest  as  the  wisdom  of  the  United  States  in 

14949  Congress  assembled  shall  think  most  conducive  to  adopt  for  their 

14950  mutual  convenience. 

14951  ARTICLE  6.  Whereas  the  enemies  of  the  United  States  have 

14952  endeavoured,  by  every  artifice  in  their  power,  to  possess  the 

14953  Indians  in  general  with  an  opinion  that  it  is  the  design  of  the 

14954  States  aforesaid  to  extirpate  the  Indians  and  take  possession  of 

14955  their  country,  to  obviate  such  false  suggestion,  the  United  States 

14956  do  engage  to  guarantee  to  the  aforesaid  nation  of  Delawares, 

14957  and  their  heirs,  all  their  ter'itoreal  rights  in  the  fullest  and  most 

14958  ample  manner,  as  it  hath  been  bounded  by  former  treaties,  as 

14959  long  as  they,  the  said  Delaware  Nation,  shall  abide  by  and  hold 

14900  fast  the  chain  of  friendship  now  entered  into.    And  it  is  further 

14901  agreed  on  between  the   contracting  parties,  should  it  for  the 

14902  future  be  found  conducive  for  the  mutual  interest  of  both  parties 

14903  to  invite  any  other  tribes  Avho  have  been  friends  to  the  interest 

14904  of  the  United  States,  to  join  the  present  confederation,  and  to 

14905  form  a  State  whereof  the  Delaware  Nation  shall  be  the  head, 
14900  and  have  a  representation  in  Congress  :  Provided,  Nothing  con- 
14967  taiiied  in  this  article  to  be  considered  as  conclusive  until  it 

14908  meets  with  the  approbation  of  Congress.     And  it  is  also  the  in- 

14909  tent  and  meaning  of  this  article  that  no  protection  or  counten- 

14970  ance  shall  be  afforded  to  any  who  are  at  present  our  enemies, 

14971  by  which  they  might  escape  the  punishment  they  deserve. 

14972  Concluded  September  17,  1778. 

14973  A  treaty  between  the  United  States  of  America  and  the  Delaware 

14974  tribe  of  Indians. 

14975  The  Delaware  tribe  of  Indians,  finding  that  the  annuity 
14970  which  they  receive  from  the  United  States  is  not  sufficient  to 

14977  supply  them  with  the  articles  which  are  necessary  for  their  coui- 

14978  fort  and  convenience,  and  afford   the  means  of   introducing 

14979  amongst  them  the  arts  of  civilised  life,  and  being  convinced 

14980  that  the  extensiveness  of  the  country  they  possess,  by  giving 

14981  an  opportunity  to  their  hunting  parties  to  ramble  to  a  great 

14982  distance  from  their  towns,  is  the  principal  means  of  retarding 

14983  this  desirable  event ;  and  the  United  States  being  desirous  to 
'14984  connect  their  settlements  on  the  Wabash  with  the   State  of 
14985  Kentucky:  therefore  the  said  United  States,  by  William  Henry 
14980  Harrison,  governor  of  the  Indiana  Territory,  superintendent  of 

14987  Indian  affairs,  and  their  commissioner  plenipotentiary  for  treat- 

14988  ing  with  the  Indian  tribes  northwest  of  the  Ohio  River;  and 

14989  the  said  tribe  of  Indians,  by  their  sachems,  chiefs,  and  head 


336 

14990  warriors,  have  agreed  to  the  following  articles,  which  when  rat- 

14991  ified  by  the  President  of  the  United  States,  by  and  with  the 

14992  advice  and  consent  of  the  Senate,  shall  be  binding  on  the  said 

14993  parties : 

14994  ARTICLE  1,  The  said  Delaware  tribe,  for  the  considerations 

14995  hereinafter  mentioned,  relinquishes  to  the  United  States  forever 

14996  all  their  right  and  title  to  the  tract  of  country  which  lies  be- 

14997  tween  the  Ohio  and  Wabash  Elvers,  and  below  the  tract  ceded 
14908  by  the  treaty  of  Fort  Wayne  and  the  road  leading  from  Vin- 

14999  cennes  to  the  falls  of  Ohio. 

15000  ARTICLE  2.  The  said  tribe  shall  receive  from  the  United 

15001  States,  for  ten  years,  an  additional  annuity  of  three  hundred 

15002  dollars,  which  is  to  be  exclusively  appropriated  to  the  purpose 

15003  of  ameliorating  their  condition  and  promoting  their  civilization- 

15004  Suitable  persons  shall  be  employed  at  the  expence  of  the  United 

15005  States  to  teach  them  to  make  fences,  cultivate  the  earth,  and 

15006  such  of  the  domestic  arts  as  are  adapted  to  their  situation  ;  and 

15007  a  further  sum  of  three  hundred  dollars  shall  be  appropriated 

15008  annually  for  five  years  to  this  object,     The  United  States  will 

15009  cause  to  be  delivered  to  them  in  the  course  of  the  next  spring 

15010  horses  fit  for  draft,  cattle,  hogs,  and  implements  of  husbandry 

15011  to  the  amount  of  four  hundred  dollars.     The  preceding  stipula- 

15012  tions,  together  with  goods  to  the  amount  of  eight  hundred  dol- 

15013  lars,  which  is  now  delivered  to  the  said  tribe,  (a  part  of  which 

15014  is  to  be  appropriated  to  the  satisfying  certain  individuals  of  the 

15015  said  tribe,  whose  horses  have  been  taken  by  white  people)  is  to 

15016  be  considered  as  full  compensation  for  the  relinquishment  made 

15017  in  the  first  article. 

15018  ARTICLE  3.  As  there  is  great  reason  to  believe  that  there 

15019  are  now  in  the  possession  of  the  said  tribe  several  horses  which 

15020  have  been  stolen  from  citizens  of  the  United  States,  the  chiefs 

15021  who  represent  the  said  tribe  are  to  use  their  utmost  endeavors 

15022  to  have  the  said  horses  forthwith  delivered  to  the  superintend- 

15023  ent  of  Indian  affairs,  or  such  persons  as  he  may  appoint  to 

15024  receive  them.     And  as  the  United  States  can  place  the  utmost 

15025  reliance  on  the  honour  and  integrity  of  those  chiefs  who  have 

15026  manifested  a  punctilious  regard  to  the  engagements  entered  into 

15027  at  the  treaty  at  Grenville,  it  is  agreed  that,  in  relation  to  such 

15028  of  the  horses  stolen  as  aforesaid,  but  which  have  died  or  been 

15029  removed  beyond  the  reach  of  the  chiefs,  the  United  States  will 

15030  compensate  the  owners  for  the  loss  of  them  without  deducting 

15031  from  the  annuity  of  the  said  tribe  the  amount  of  what  may  be 

15032  paid  in  this  way.     But  it  is  expressly  understood  that  this  pro- 

15033  vision  is  not  to  extend  to  any  horses  which  have  been  stolen 

15034  within  the  course  of  twelve  months  preceding  the  date  hereof. 

15035  ARTICLE  4.  The  said  tribe  having  exhibited  to  the  above- 


337 

1503G  Darned  commissioner  of  the  United  States  sufficient  proof  of 

15037  their  right  to  all  the  country  which  lies  between  the  Ohio  and 

15038  White  River,  and  the  Miami  tribe,  who  were  the  original  pro- 

15039  prietors  of  the  upper  part  of  that  country,  having  explicitly 

15040  acknowledged  the  title  of  the  Delawares  at  the  general  council 

15041  held  at  Fort  Wayne  in  the  month  of  June,  1803,  the  said  United 

15042  States  will  in  future  consider  the  Delawares  as  the  rightful 

15043  owners  of  all  the  country  which  is  bounded  by  the  White  River 

15044  on  the  north,  the  Ohio  on  the  south,  the  general  boundary-Hue 

15045  running  from  the  mouth  of  the  Kentucky  River  on  the  east,  and 
15040  the  tract  ceded  by  this  treaty,  and  that  ceded  by  the  treaty  of 

15047  Fort  Wayne,  on  the  west  and  southwest. 

15048  ARTICLE  5.  As  the  Piankishaw  tribe  have  hitherto  obsti- 
15040  nately  persisted  in  refusing  to  recognize  the  title  of  the  Dela- 

15050  wares  to  the  tract  of  country  ceded  by  this  treaty,  the  United 

15051  States  will  negociate  with  them,  and  will  endeavor  to  settle  the 

15052  matter  in  an  amicable  way;  but  should  they  reject  the  proposi- 

15053  tions  that  may  be  made  to  them  on  this  subject,  and  should  the 

15054  United  States  not  think  proper  to  take  possession   of  the  said 

15055  country  without  their  consent,  the  stipulations  and  promises 
15050  herein  made  on  behalf  of  the  United  States  shall  be  null  and 

15057  void. 

15058  ARTICLE  0.  As  the  road  from  Viucennes  to  Clark's  grant 

15059  will  form  a  very  inconvenient  boundery,  and  as  it  is  the  intention 
150GO  of  the  parties  to  these  presents  that  the  whole  of  the  said  road 
15061  shall  be  within  the  tract  ceded  to  the  United  States,  it  is  agreed 
150G2  that  the  boundary  in  thtit  quarter  shall  be  a  straight  line  to  be 
1500.3  drawn  parallel  to  the  course  of  the  said  road  from  the  eastern 

15004  boundary  of  the  tracts  ceded  by  the  treaty  of  Fort  Wayne  to 

15005  Clark's  grant;  but  the  said  line  is  not  to  pass  at  a  greater  dis- 
15000  tance  than  half  a   mile  from  the  most  northerly  bend  of  said 

15007  road. 

15008  Proclaimed  February  14,  1805. 


15009  Articles  of  a  treaty  made  and  concluded  at  tit.  Mar  if  a,  in  the  Mate 

15070  of  Ohio,  between  Jonathan  Jennings,  Lewis  Cass,  and  Benja- 

15071  min  Parke,  commissioner 's  of  the  rnited  States,  and  the  Dela- 

15072  ware  Nation  of  Indians. 

15073  ARTICLE  1.  The  Delaware  Nation  of  Indians  cede  to  the 

15074  United  States  all  their  claim  to  land  in  the  State  of  Indiana. 

15075  ARTICLE  2.  In  consideration  of  the  aforesaid  cession,  the 
15070  United  States  agree  to  provide  for  the  Delawares  a  countrv  to 
15077  reside  in,  upon  the  west  side  of  the  Mississippi,  and  to  ffuaranfy 


15078  to  them  the  peaceable  possession  of  the  same. 

15079  ARTICLE  3.    The    United   States    also  argee 

43  I  1' 


to  pay  the 


338 

15080  Delawares  the  full  value  of  their  improvements  in  the  country 

15081  hereby  ceded  ;  which  valuation  shall  be  made  by  persons  to  be 

15082  appointed  for  that  purpose  by  the  President  of  the  United 

15083  States;  and  to  furnish  the  Delawares  with  one  hundred  and 

15084  twenty  horses,  not  to  exceed  in  value  forty  dollars  each,  and  a 

15085  sufficient  number  of  perogues,  to  aid  in  transporting  them  to 

15086  the  west  side  of  the  Mississippi ;  and  a  quantity  of  provisions, 

15087  proportioned  to  their  numbers  and  the  extent  of  their  journey. 

15088  ARTICLE  4.  The  Delawares  shall  be  allowed  the  use  and 

15089  occupation  of  their  improvements  for  the  term  of  three  years 

15090  from  the  date  of  this  treaty,  if  they  so  long  require  it. 

15091  ARTICLE  5.  The  United  States  agree  to  pay  to  the  Dela- 

15092  wares  a  perpetual  annuity  of  four  thousand  dollars,  which,  to- 

15093  gether  with  all  annuities  which  the  United  States,  by  any  for- 

15094  mer  treaty,  engaged  to  pay  to  them,  shall  be  paid  in  silver,  at 

15095  any  place  to  which  the  Delawares  may  remove. 

15096  ARTICLE  6.  The  United  States  agree  to  provide  and  support 

15097  a  blacksmith  for  the  Delawares  after  their  removal  to  the  west 

15098  side  of  the  Mississippi. 

15099  ARTICLE  7.  One  half-section  of  land  shall  be  granted   to 

15100  each  of  the  following  persons,  namely,  Isaac  Wobby,   Samuel 

15101  Cassrnan,  Elizabeth  Petchaka,  and  Jacob  Dick  ;  and  one  quarter 

15102  of  a  section  of  land  shall  be  granted  to  each  of  the  following 

15103  persons,  namely,  Solomon  Tindell  and  Benoni  Tindell,  all  of 

15104  whom  are  Delawares  5  which  tracts  of  laud  shall  be  located  after 

15105  the  country  is  surveyed,  at  the  first  creek  above  the  old  fort  on 

15106  White  Kiver,  and  running  up  the  river ;  and  shall  be  held  by  the 

15107  persons  herein  named,  respectively,  and  their  heirs  ;  but  shall 

15108  never  be  conveyed  or  transferred  without  the  approbation  of  the 

15109  President  of  the  United  States. 

15110  ARTICLE  8.  A  sum  not  exceeding  thirteen  thousand  three 

15111  hundred  and  twelve  dollars  and  twenty-five  cents  shall  be  paid 

15112  by  the  United  States,  to  satisfy  certain  claims  against  the  Dela- 

15113  ware  Nation,  and  shall  be  expended  by  the  Indian  agent  at  Piqua 

15114  and  Fort  Wayne,  agreeably  to  a  schedule  this  day  examined  and 

15115  approved  by  the  commissioners  of  the  United  States. 

15116  ARTICLE  9.  This  treaty,  after  the  same  shall  be  ratified  by 

15117  the  President  and  Senate  of  the  United  States,  shall  be  binding 

15118  on  the  contracting  parties. 

15119  Proclaimed  January  15,  1819. 

15120  Supplementary  article   to   the  Delaware   treaty,  concluded  at  $1. 

15121  Mary's,  in  the  State  of  Ohio,  on  the  3d  of  October,  1818. 

15122  Whereas  the  foregoing  treaty  stipulates  that  the  United 

15123  States  shall  provide  for  the  Delaware  Nation  a  country  to  re- 


339 

15124  side  in,  west  of  the  Mississippi,  as  the  permanent  residence  of 

15125  their  nation ;  and  whereas  the  said  Delaware  Nation  are  now 
15120  willing  to  remove,  on  the  following  conditions,  from  the  country 

15127  on  James'  Fork  of  White  Eiver  in  the  State  of  Missouri,  to  the 

15128  country  selected  in  the  fork  of  the  Kansas  and  Missouri  Eiver, 
15120  as  recommended  by  the  Government,  for  the  permanent  resi- 

15130  deuce  of  the  whole  Delaware  Nation  ;  it  is  hereby  agreed  upon 

15131  by  the  parties,  that  the  country  in  the  fork  of  the  Kansas  and 

15132  Missouri  Elvers,  extending  up  the  Kansas  Eiver  to  the  Kansas 

15133  line,  and   up  the  Missouri  Eiver  to  Camp  Leavenworth,  and 

15134  thence  by  a  line  drawn  westwardly,  leaving  a  space  ten  miles 

15135  wide,  north  of  the  Kansas  boundary-line,  for  an  outlet,  shall 
15130  be  conveyed  and  forever  secured  by  the  United  States  to  the 

15137  said  Delaware  Nation  as  their  permanent  residence;  and  the 

15138  United  States  hereby  pledges  the  faith  of  the  Government  to 
15130  guarantee  to  the  said  Delaware  Nation,  forever,  the  quiet  and 

15140  peaceable  possession  and  undisturbed  enjoyment  of  the  same, 

15141  against  the  claims  and  assaults  of  all  and  every  other  people 

15142  whatever. 

15143  And  the  United  States  hereby  agrees  to  furnish  the  Dela- 

15144  ware  Nation  with  forty  horses,  to  be  given  to  their  poor  and 

15145  destitute  people,  and  the  use  of  six  waggons  and  ox- teams,  to 
15140  assist  the  nation  in  removing  their  heavy  articles  to  their  perma- 

15147  uent  home ;  and  to  supply  them  with  all  necessary  farming-uten- 

15148  sils  and  tools  necessary  for  building  houses,  &c. ;  and  to  supply 
15140  them  with  provisions  on  their  journey,  and  with  one  year's  pro- 

15150  visions  after  they  get  to  their  permanent  residence ;   and  to 

15151  have  a  griss  and  saw  mill  erected  for  their  use,  within  two  years 

15152  after  their  complete  removal. 

15153  And  it  is  hereby  expressly  stipulated  and  agreed  upon  by 

15154  the  parties  that,  for  and  in  consideration  of  the  full  and  entire 

15155  relinquishment  by  the  Delaware  Nation  of  all  claim  whatever 
15150  to  the  country  now  occupied  by  them  in  the  State  of  Missouri, 

15157  the  United  States  shall  pay  to  the   said  Delaware  Nation  an 

15158  additional  permanent  annuity  of  one  thousand  dollars. 

15150  And  it  is  further  stipulated  that  thirty-six  sections  of  the 

15100  best  land  within  the  limits  hereby  relinquished  shall  be  selected, 

15101  under  the  direction  of  the  President  of  the  United  States,  and 

15102  sold  for  the  purpose  of  raising  a  fund  to  be  applied,  under  the 

15103  direction  of  the  President,  to  the  support  of  schools  for  the  ed- 

15104  ucation  of  Delaware  children. 

15105  It  is  agreed  upon  by  the  parties  that  this  supplementary  ar- 
15100  tide  shall  be  concluded  in  part  only,  at  this  time,  and  that  a 

15107  deputation  of  a  chief,  or  warrior,  from  each  town,  with  their  in- 

15108  terpretor,  shall  proceed  with  the  agent  to  explore  the  country, 
15100  more  fully,  and  if  they  approve  of  said  country  to  sign  their 


340 

15170  names  under  ours,  which  shall  be  considered  as  finally  conclud- 

1517 L  ed  on  our  part ;  and  after  the  same  shall  be  ratified  by  the  Pres- 

15172  ident  and  Senate  of  the  United  States,  shall  be  binding  on  the 

15173  contracting  parties. 

15174  Proclaimed  March  24,  1831. 

15175  FRANKLIN  PIERCE,  President  of  the  United  States  of  America 

15176  to  all  and  singular   to  whom  these  presents  shall  come, 

15177  greeting: 

15178  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

15179  Washington,  on  the  sixth  day  of  May,  one  thousand  eight  liun- 

15180  dred  and  fifty-four,  by  George  W.  Manypenny,  as  commissioner 

15181  on  the  part  of  the  United  States,  and  the  following-named  del- 

15182  egates  of  the  Delaware  tribe  of  Indians,  viz :  Sarcoxey  ;  Ne-con- 

15183  he-coud;  Kock-ka-to-wha;  Qua-cor-now-ha,  or  James  Segondyne; 
15181  Ne-sha-pa-na-cumin,  or  Charles  Journeycake;  Que-sha-to-wha, 

15185  or  John  Ketchem;   Peudoxey,  or  George  Ballet;    Kock-kock- 

15186  quas,  or  James  Ketchem;   Ah  lah-a-chick,   or  James  Conner; 

15187  they  being  thereto  duly  authorized  by  said  tribe  ;  which  treaty 

15188  is  in  the  words  following,  to  wit : 

15189  Articles  of  agreement  and  convention  made  and  concluded  at 

15190  the  city  of  Washington  this  sixth  day  of  May,  one  thousand 

15191  eight  hundred  and  fifty-four,  by  George  W.  Manypenny,  as 

15192  commissioner  on  the  part  of  the  United  States,  and  the  fol- 

15193  lowing-named  delegates  of  the  Delaware  tribe  of  Indians, 

15194  viz  :  Sarcoxey  ;  Ne-con-he-coud  ;  Kock-ka-to-wha ;  Qua-cor- 

15195  uow-ha,    or    James    Segondyne;     Ne-sha-pa-ua-cumiu,    or 

15196  Charles  Journeycake ;  Que-sha-to-wha,  or  John  Ketchem  ; 

15197  Pondoxy,  or  George  Bullet ;    Kock-kock-quas,   or  James 

15198  Ketchem  ;  Ah-lah-a-chick,   or   James   Conner,   they  being- 

15199  thereto  duly  authorized  by  said  tribe. 

15200  ARTICLE  1.  The  Delaware  tribe  of  Indians  hereby  cede,  re- 

15201  linquish,  and  quit-claim  to  the  United  States  all  their  right,  title, 

15202  and  interest  in  and  to  their  country  lying  west  of  the  State  of 

15203  Missouri,  and  situate  in  the  fork  of  the  Missouri  and  Kansas 

15204  Eivers.  which  is  described  in  the  article  supplementary  to  the 

15205  treaty  of  October  third,  one  thousand  eight  hundred  and  eigh- 

15206  teen,  concluded,  in  part,  on   the  twenty-fourth  September,  one 

15207  thousand  eight  hundred  and  twenty-nine,  at  Council  Camp,  on 

15208  James'  Fork  of  White  River,  in  the  State  of  Missouri,  and  finally 

15209  concluded  at  Council  Camp,  in  the  fork  of  the  Kansas  and  Mis- 

15210  souri  Rivers,  on  the  nineteenth  October,  one  thousand  eight  huu- 

15211  dred  and  twenty-nine  ;  and  also  their  right,  title,  and  interest  iu 

15212  and  to  the  " outlet'7  mentioned  and  described  in  said  supple- 

15213  nientary  article,  excepting  that  portion  of  said  country  sold  to 

15214  the  Wyandot  tribe  of  Indians,  by  instrument  sanctioned  by  act 


341 

15215  of  Congress  approved.  July  twenty-fifth,  one   thousand  eight 

15216  hundred  and  forty-eight,  and  also   excepting  that  part  of  said 

15217  country  lying  east  and  south  of  a  line  beginning  at  a  point  on  the 

15218  line  between  the  land  of  the  Delawares  and  the  half-breed  Kan- 

15219  zas,  forty  miles,  in  a  direct  line,  west  of  the  boundary  between 

15220  the  Delawares  and  Wyandots,  thence  north  ten  miles,  thence 

15221  in  an  easterly  course  to  a  point  on  the  south  bank  of  Big  Island 

15222  Creek,  which  shall  also  be  on  the  bank  of  the  Missouri  River 

15223  where  the  usual  high- water  line  of  said  creek  intersects  the  high - 

15224  water  line  of  said  river. 

15225  ARTICLE  2.  The  United  States  hereby  agree  to  have  the 

15226  ceded  country  (excepting  the  said  "  outlet")  surveyed,  as  soon 

15227  as  it  can  be  conveniently  done,  in  the  same  manner  that  the  pub- 

15228  lie  lands  are  surveyed,  such  survey  to  be  commenced  and  pros- 

15229  ecuted  as  the  President  of  the  United  States  may  deem  best. 

15230  And  the  President  will,  so  soon  as  the  whole  or  any  portion  of 

15231  said  lauds  are  surveyed,  proceed  to  offer  such  surveyed  lauds  for 

15232  sale,  at  public  auction,  in  such  quantities  as  he  may  deem  proper, 

15233  being  governed  in  all  respects,  in  conducting  such  sales,  by  the 

15234  laws  of  the  United  States  respecting  the  sales  of  the  public  lands  ; 

15235  and  such  of  the  lands  as  may  not  be  sold  at  the  public  sales 

15236  shall  thereafter  be   subject  to  private  entry,  in  the  same  mau- 

15237  ner  that  private  entries  are  made  of  United  States  lands  ;  and 

15238  any,  or  all,  of  such  lands  as  remain  unsold,  after  being  three 

15239  years  subject  to  private  entry,  at  the  minimum  Government  price, 

15240  may,  by  act  of  Congress,  be  graduated  and  reduced  in  price, 

15241  until  all  said  lands  are  sold  ;  regard  being  had  in  said  gradua- 

15242  tion  and  reduction  to  the  interests  of  the  Delawares,  and  also  to 

15243  the  speedy  settlement  of  the  country. 

15244  ARTICLE  3.  The  United  States  agree  to  pay  to  the  Delaware 

15245  tribe  of  Indians  the  sum  of  ten  thousand  dollars ;  and,  in  cou- 

15246  sideratiou  thereof,  the  Delaware  tribe  of  Indians  hereby  cede, 

15247  release,  and  quit-claim  to  the  United  States  the   said  tract  of 

15248  country  hereinbefore  described  as  the  "  outlet."    And  as  a  fur- 

15249  ther  and  full  compensation  for  the  cession  made   by  the  first 

15250  article,  the  United  States  agree  to  pay  to  said  tribe  all  the  mon- 

15251  eys  received  from  the  sales  of  the  lauds  provided  to  be  surveyed 

15252  in  the  preceding  article,  after  deducting  therefrom  the  cost  of 

15253  surveying,  managing,  and  selling  the  same. 

15254  ARTICLE  4.  The  Delaware  Indians  have   now,  by  treaty 

15255  stipulation,  the   following   permanent   annuities,  to  wit:    One 

1 5256  thousand  dollars,  per  fourth  article  of  the  treaty  of  third  August, 

15257  one  thousand  seven  hundred  and  ninety-five.     Five  hundred  dol- 

15258  lars,  per  third  article  of  the  treaty  of  thirtieth  of  September,  one 

15259  thousand  eight  hundred  and  nine.     Four  thousand  dollars,  per 

15260  fifth  article  of  the  treaty  of  the  third  October,  one  thousand 


342 

15261  eight  hundred  and  eighteen.     One  thousand  dollars,  per  supple- 

15262  mental  treaty  of  twenty-fourth  September,  one  thousand  eight 

15263  hundred  and  twenty -nine.     One  hundred  dollars  for  salt  annuity, 

15264  per  third  article  of  the  treaty  of  June  seventh,  one  thousand 

15265  eight  hundred  and  three.     Nine  hundred  and  forty  dollars  for 

15266  blacksmith  annuity,  per  sixth  article  of  the  treaty  of  third  Oeto- 

15267  ber,  one  thousand  eight  hundred  and  eighteen.     All  which  sev- 

15268  eral  permanent  annuities  they  hereby  relinquish,  and  forever 

15269  absolve  the  United  States  from  the  further  payment  thereof,  in 

15270  consideration  whereof  the  United  States  agree  to  pay  to  them, 

15271  under  the  direction  of  the  President,  the  sum  of  one  hundred  and 

15272  forty-eight  thousand  dollars,  as  follows  :  seventy-four  thousand 

15273  dollars  in  the  mouth  of  October,  one  thousand  eight  hundred 

15274  and  fifty-four,  and  seventy-four  thousand  dollars  in  the  mouth  of 

15275  October,  one  thousand  eight  hundred  and  fifty-five;  the  object 

15276  of  converting  the  permanent  annuities  into  these  two  payments 

15277  being  to  aid  the  Delawares  in  making  improvements  on  their 

15278  present  farms,  and  opening  new  ones  on  the  land  reserved,  build- 

15279  ing  houses,  buying  necessary  household  furniture,  stock,  and 

15280  farming-utensils,  and  such  other  articles  as  may  be  necessary  to 

15281  their  comfort. 

15282  ARTICLE  5.  It  is  agreed  that  the  sum  of  forty-six  thousand 

15283  and  eighty  dollars,  being  the  value  of  the  thirty-six  sections  of 

15284  land  set  apart  for  school  purposes  by  the  supplemental  treaty  of 

15285  one  thousand  eight  hundred  and  twenty-nine,  remain  for  the 

15286  present  at  five  per  cent,  interest,  as  stipulated  by  the  resolution 

15287  of  the  Senate  of  the  nineteenth  January,  one  thousand  eight 

15288  hundred  and  thirty-eight. 

15289  ARTICLE  6.  The  Delawares  feel  now,  as  heretofore,  grateful 

15290  to  their  old  chiefs  for  their  long  and  faithful  services.     In  former 

15291  treaties,  when  their  means  were  scanty,  they  provided,  by  small 

15292  life-annuities,  for  the  wants  of  these  chiefs,  some  of  wrhom  are 

15293  now  receiving  them.     These  chiefs  are  poor,  and  the  Delawares 

15294  believe  it  their  duty  to  keep  them  from  want  in  their  old  and 

15295  declining  age.     It  is  the  wish  of  the  Delawares.  and  hereby  stip- 

15296  ulated  and  agreed,  that  the  sum  often  thousand  dollars,  the 

15297  amount  provided  in  the  third  article  as  a  consideration  for  the 

15298  "  outlet,'7  shall  be  paid  to   their  five  chiefs,  to  wit :   Captain 

15299  Ketchem,  Sarkoxey,  Segoudyne,  Neconhecond,  and  Kock-ka-to- 

15300  wha,  in  equal  shares  of  two  thousand  dollars  each,  to  be  paid  as 

15301  follows:  to  each  of  said  chiefs  annually  the  sum  of  two  hundred 

15302  and  fifty  dollars,  until  the  whole  sum  is  paid  :  Provided,  That  if 

15303  any  one  or  more  of  said  chiefs  die  before  the  whole  or  any  part 

15304  of  the  sum  is  paid,  the  annual  payments  remaining  to  his  share 

15305  shall  be  paid  to  his  male  children,  and,  in  default  of  male  heirs, 

15306  then  to  the  legal  representatives  of  such  deceased  chief  or  chiefs ; 


343 

15307  and  it  H  understood  that  the  small  life-annuities  stipulated  for 

15308  by  former  treaties  shall  be  paid  as  directed  by  said  treaties. 

15309  ARTICLE  7.  It  is  expected  that  the  amount  of  moneys  aris- 

15310  ing  from  the  sales  herein  provided  for  will  be  greater  than  the 

15311  Delawares  will  need  to  meet  their -current  wants;  and  as  it  is 

15312  their  duty  and  their  desire  also  to  create  a  permanent  fund  for 

15313  the  benefit  of  the  Delaware  people,  it  is  agreed  that  all  the 

15314  money  not  necessary  for  the  reasonable  wants  of  the  people 

15315  shall  from  time  to  time  be  invested  by  the  President  of  the  United 

15316  States  in  safe  and  profitable  stocks,  the  principal  to  remain  un- 

15317  impaired,  and  the  interest  to  be  applied  annually  for  the  civiliza- 

15318  tion,  education,  and  religious  culture  of  the  Delaware  people, 

15319  and  such  other  objects  of  a  beneficial  character  as  in  his  judg- 

15320  ment  are  proper  and  necessary. 

15321  ARTICLE  8.  As  the  annual  receipts  from  the  sales  of  the 

15322  lands  cannot  now  be  determined,  it  is  agreed  that  the  whole  sub- 

15323  ject  be  referred  to  the  judgment  of  the  President,  who  may,  from 

15324  time  to  time,  prescribe  how  much  of  the  net  proceeds  of  said 

15325  sales  shall  be  paid  out  to  the  Delaware  people,  and  the  mode  and 

15326  manner  of  such  payment ;  also  how  much  shall  be  invested  ;  and 

15327  in  distributing  the  funds  to  the  people,  due  regard  and  encourage- 

15328  ment  shall  be  given  to  that  portion  of  the  Delawares  who  are 

15329  competent  to  manage  their  own  affairs,  and  who  know  and  ap- 

15330  predate  the  value  of  money ;  but  Congress  may,  at  any  time, 

15331  and  from  time  to  time,  by  law,  make  such  rules  and  regulations 

15332  in  relation  to  the  funds  arising  from  the  sale  of  said  lands,  and 

15333  the  application  thereof  for  the  benefit  and  improvement  of  the 

15334  Delaware  people,  as  may,  in  the  wisdom  of  that  body,  seem  just 

15335  and  proper. 

15336  ARTICLE  9.  The  debts  of  Indians,  contracted  in  their  private 

15337  dealings  as  individuals,  whether  to  traders  or  otherwise,  shall 

15338  not  be  paid  from  the  general  fund. 

1 5339  ARTICLE  10.  The  Delawares  promise  to  renew  their  efforts 

15340  to  suppress  the  introduction  and  the  use  of  ardent  spirits  in  their 

15341  country  and  among  their  people,  and   to   encourage  industry, 

15342  integrity,  and  virtue,  so  that  every  one  may  become  civilized, 

15343  and,  as  many  now  are,  competent  to  manage  their  business 

15344  affairs ;  but  should  some  of  them  unfortunately  continue  to  refuse 

15345  to  labor,  and  remain  or  become  dissipated  and  worthless,  it  shall 

15346  be  discretionary  with  the  President  to  give  such  direction  to  the 

15347  portion  of  funds,  from  time  to  time,  due  to  such  persons,  as  will 

15348  prevent  them  from  squandering  the  same,  and  secure  the  benefit 

15349  thereof  to  their  families. 

15350  ARTICLE  11.  At  any  time  hereafter,  when  the  Delawares 

15351  desire  it,  and  at  their  request  and  expense,  the  President  may 

15352  cause  the  country  reserved  for  their  permanent  home  to  be  snr- 


344 

15353  veyed  in  the  same  manner  as  the  ceded  country  is  surveyed,  and 

15354  may  assign  such  portion  to  each  person  or  family  as  shall  be 

15355  designated  by  the  principal  men  of  the  tribe :  Provided,  Such 
1535G  assignment  shall  be  uniform. 

15357  ARTICLE  12.  In  the  settlement  of  the  country  adjacent  to 

15358  the  Delaware  reservation,  roads  and  highways  will  become  neces- 

15359  sary,  and  it  is  agreed  that  all  roads  and  highways  laid  out  by 

15360  authority  of  law,  shall  have  aright  of  way  through  the  reserved 

15361  lauds,  on  the  same  terms  that  the  law  provides  for  their  location 

15362  through  the  lands  of  citizens  of  the  United  States  $  and  railroad 

15363  companies,  when  the  lines  of  their  roads  necessarily  pass  through 

15364  the  said  reservation,  shall  have  the  right  of  way,  on  payment  of 

15365  a  just  compensation  therefor  in  money. 

15366  ARTICLE  13.   The  Christian  Indians  live  in   the  country 

15367  herein  ceded,  and  have  some  improvements.    They  desire  to 

15368  remain  where  they  are,  and  the  Delawares  are  willing,  provided 

15369  the  Christian  Indians  can  pay  them  for  the  land.    It  is  there- 

15370  fore  agreed  that  there  shall  be  confirmed  by  patent  to  the  said 

15371  Christian  Indians,  subject  to  such  restrictions  as  Congress  may 

15372  provide,  a  quantity  of  land  equal  to  four  sections,  to  be  selected 

15373  in  a  body  from  the  surveyed  lands,  and  to  include  their  present 

15374  improvements:  Provided,  The  said   Christian   Indians,  or  the 

15375  United  States  for  them,  pay  to  the  Secretary  of  the  Interior,  for 

15376  the  use  of  the  Delaware  Indians,  within  one  year  from  the  date 

15377  of  the  ratification  of  this  treaty,  the  sum  of  two  dollars  and 

15378  fifty  cents  per  acre  therefor:   And  provided  further,  That  the 

15379  provisions  of  article  twelve,  in  relation  to  roads,  highways,  and 

15380  railroads,  shall  be  applicable  to  the  land  thus  granted  to  the 

15381  Christian  Indians. 

15382  ARTICLE  14.  The  Delawares  acknowledge  their  dependence 

15383  on  the  Government  of  the  United  States,  and  invoke  its  pro- 

15384  tection  and  care.    They  desire  to  be  protected  from  depreda- 

15385  tions  and  injuries  of  every  kind,  and  to  live  at  peace  with  all 

15386  the  Indian  tribes ;  and  they  promise  to  abstain  from  wrar,  and 

15387  to  commit  no  depredations  on  either  citizens  or  Indians ;  and  if, 

15388  unhappily,  any  difficulty  should  arise,  they  will  at  all  times,  as 

15389  far  as  they  are  able,  comply  with  the  law  in  such  cases  made 

15390  and  provided,  as  they  will  expect  to  be  protected  and  their 

15391  rights  vindicated  by  it,  when  they  are  injured. 

15392  ARTICLE  15.  A  primary  object  of  this  instrument  being  to 

15393  advance  the  interests  and  welfare  of  the  Delaware  people,  it  is 

15394  agreed  that,  if  it  prove  insufficient  to  effect  these  ends,  from 

15395  causes  which  cannot  now  be  foreseen,  Congress  may  hereafter 
1539C  make  such  further  provision,  by  law,  not  inconsistent  herewith, 

15397  as  experience  may  prove  to  be  necessary  to  promote  the  inter- 

15398  ests,  peace,  and  happiness  of  the  Delaware  people. 


345 

15399  ARTICLE  16.  It  is  agreed  by  the  parties  hereto,  that  the 

15400  provisions  of  the  act  of  Congress,  approved  third  of  March,  one 

15401  thousand  eight  hundred  and  seven,  in  relation  to  lands  ceded  to 

15402  the  United  States,  shall,  so  far  as  applicable,  be  extended  to  the 

15403  lands  herein  ceded. 

15404  ARTICLE  17.  It  is  further  stipulated  that,  should  the  Sen- 

15405  ate  of  the  United  States  reject  the  thirteenth  article  hereof, 

15406  such  rejection  shall  in  no  wise  affect  the  validity  of  the  other 

15407  articles. 

15408  ARTICLE  18.  This  instrument  shall  be  obligatory  on  the 

15409  contracting  parties  as  soon  as  the  same  shall  be  ratified  by  the 

15410  President  and  the  Senate  of  the  United  States. 

15411  Proclaimed  July  17,  1854. 

15412  Treaty  between  the  United  States  and  the  Delaware  tribe  of  In- 

15413  dians,  concluded  May  30,  1860. 

15414  By  the  President  of  the  United  States  of  America. 

15415  A  PROCLAMATION. 

15416  To  all  and  singular  to  whom  these  presents  shall  come,  greeting  : 

15417  Whereas  a  treaty  was  made  and  concluded  at  Sarcoxieville, 

15418  on  the  Delaware  reservation,   on  the  thirtieth  day  of  May, 

15419  eighteen  hundred  and  sixty,  by  Thomas  B.  Sykes,  as  commis- 

15420  sioner  on  the  part  of  the  United  States,  and  the  chiefs  and 

15421  head-men  of  the  Delaware  tribe  of  Indians  hereinafter  nien- 

15422  tioned,  which  treaty  is  in  the  following  words,  to  wit : 

15423  Articles  of  agreement  and  convention  made  and  concluded  at 

15424  Sarcoxieville,  on  the  Delaware  reservation,  this  thirtieth 

15425  day  of  May,  one  thousand  eight  hundred  and  sixty,  by 

15426  Thomas  B.  Sykes,  as  commissioner  on  the  part  of  the  United 

15427  States,  and  the  following-named  chiefs   of  the  Delaware 

15428  tribe  of  Indians,  viz  :  John  Connor,  head  chief  of  the  whole 

15429  tribe;  Sar-cox-ie,  chief  of  the  Turtle  baud;  Ne-con-he-con, 

15430  chief  of  the  Wolf  band ;  Eock-a-to-wha,  chief  of  the  Tur- 

15431  key  band,  and  assistants  to  the  said  head  chief,  chosen  and 

15432  appointed  by  the  people,  and  James  Connor,  chosen  by  the 

15433  said  chiefs  as  delegate. 

15434  ARTICLE  1.  By  the  first  article  of  the  treaty  made  and  con- 

15435  eluded  at  the  city  of  Washington  on  the  sixth  day  of  May,  one 

15436  thousand  eight   hundred   and  fifty-four,  between   George  W. 

15437  Manypenny,  commissioner  on  the  part  of  the  United  States, 

15438  and  certain  delegates  of  the  Delaware  tribe  of  Indians,  which 

15439  treaty  was  ratified  by  the  Senate  of  the  United  States  on  the 

15440  eleventh  day  of  July,  one  thousand  eight  hundred  and  fifty- 

44  i  T 


346 

15441  four,  there  was  reserved,  as  a  permanent  home  for  the  said  tribe, 

15442  that  part  of  their  country  lying  east  and  south  of  a  line  begin- 

15443  ning  at  a  point  on  the  line  between  the  Delawares  and  Half- 

15444  breed  Kansas,  forty  miles  in  a  direct  line  west  of  the  boundary 

15445  between  the  Delawares  and  Wyaudottes;    thence   north   ten 

15446  miles;  thence  in  an  easterly  course  to  a  point  on  the  south  bank 

15447  of  Big  Island  Creek,  which  shall  also  be  on  the  bank  of  the  Mis- 

15448  souri  River,  wrhere  the  usual  high-water  line  of  said  creek  inter- 

15449  sects  the  high- water  line  of  said  river.     And  by  the  eleventh 

15450  article  of  said  treaty  it  was  stipulated  that  "  at  any  time  here- 

15451  after,  when  the  Delawares  desire  it,  and  at  their  request  and 

15452  expense,  the  President  may  cause  the  country  reserved  for  their 

15453  permanent  home  to  be  surveyed  in  the  same  manner  as  the 

15454  ceded  country  is  surveyed,  and  may  assign  such  portion  to 

15455  each  person  or  family  as  shall  be  designated  by  the  principal 

15456  men  of  the  tribe :  Provided,  Such  assignments  shall  be  uniform." 

15457  The  Delawares  having  represented  to  the  Government  that 

15458  it  is  their  wish  that  a  portion  of  the  lauds  reserved  for  their 

15459  home  may  be  divided  among  them  in  the  manner  contemplated 

15460  by  the  eleventh  article  of  the  treaty  aforesaid,  it  is  hereby 

15461  agreed  by  the  parties  hereto  that  the  said  reservation  shall  be 

15462  surveyed,  as  early  as  practicable  after  the  ratification  of  these 

15463  articles  of  agreement  and  convention,  in  the  same  manner  that 

15464  the  public  lands  are  surveyed  :  and  to  each  member  of  the  Dela- 

15465  ware  tribe  there  shall  be  assigned  a  tract  of  laud  containing 

15466  eighty  acres,  to  include  in  every  case,  as  far  as  practicable,  a 

15467  reasonable  portion  of  timber,  to  be  selected  according  to  the 

15468  legal  sub-divisions  of  survey. 

15469  ARTICLE  2.    The  division   and   assignment   in   severally 

15470  among  the  Delawares  of  the  laud  shall  be  made  in  a  compact 

15471  body,  under  the  direction  of  the  Secretary  of  the  Interior,  and 

15472  his  decision  of  all  questions  arising  thereupon  shall  be  final  and 

15473  conclusive. 

15474  Certificates  shall  be  issued  by  the  Commissioner  of  Indian 

15475  Affairs  for  the  tracts  assigned  in  severally,  specifying  the  names 

15476  of  the  individuals  to  whom  they  have  been  assigned  respect- 

15477  ively,  and  that  the  said  tracts  are  set  apart  for  the  exclusive 

15478  use  and  benefit  of  the  assignees  and  their  heirs.     And  said 

15479  tracts  shall  not  be  alienable  in  fee,  leased,  or  otherwise  dis- 

15480  posed  of,  except  to  the  United  States  or  to  members  of  the 

15481  Delaware  tribe,  and  under  such  rules  and  regulations  as  may 

15482  be  prescribed  by  the  Secretary  of  the  Interior;  and  said  tracts 

15483  shall  be  exempt  from  levy,  taxation,  sale,  or  forfeiture,  until 

15484  otherwise  provided  by  Congress. 

15485  Prior  to  the  issue  of  the  certificates  aforesaid  the  Secretary 

15486  of  the  Interior  shall  make  such  rules  and  regulations  as  he  may 


347 

15487  deem  necessary  or    expedient   respecting    the  disposition  of 

15488  any  of  said  tracts,  in  case  of  the  death  of  the  person  or  per- 

15489  sons  to  whom  they  may  be  assigned,  so  that  the  same  shall  be 

15490  secured  to  the  families  of  such  deceased  persons.    And  should 

15491  any  of  the  Indians  to  whom  tracts  shall  be  assigned  abandon 

15492  them,  the  said  Secretary  may  take  such  action  in  relation  to  the 

15493  proper  disposition  thereof  as,  in   his  judgment,  may  be  neces- 

15494  sary  and  proper. 

15495  The  improvements  of  the  Indians  residing  on  the  lands  to 

15496  be  sold  shall  be  valued  by  the  United  States,  and  the  individual 

15497  owners  thereof  shall  receive  the  amount  realized  from  the  sale 

15498  of  the  same,  to  be  expended  in  building  other  improvements  for 

15499  them  on  the  lands  retained. 

15500  ARTICLE  3.  The  Delaware  tribe  of  Indians,  entertaining  the 

15501  belief  that  the  value  of  their  lands  will  be  enhanced  by  having 

15502  a  railroad  passing  through  their  present  reservation,  and  being 

15503  of  the  opinion  that  the  Leavenworth,  Pawnee  and  Western 

15504  Kailroad  Company,  incorporated  by  an  act  of  the  legislative 

15505  assembly  of  Kansas  Territory,  will  have  the  advantage  of  travel 

15506  and  general  transportation  over  every  other  company  proposed 

15507  to  be  formed  which  will  run  through  their  lands,  have  expressed 

15508  a  desire  that  the  said  Leaveuworth,  Pawnee  and  Western  Rail- 

15509  road  Company  shall  have  the  preference  of  purchasing  the  re- 

15510  mainder  of  their  lands  after  the  tracts  in  severalty  and  those 

15511  for  the  special  objects  herein  named  shall  have  been  selected 

15512  and  set  apart,  upon  the  payment  into  the  United  States  Treasury, 

15513  which  payment  shall  be  made  within  six  months  after  the  quan- 

15514  tity  shall  have  been  ascertained,  in  gold  or  silver  coin,  of  such 

15515  a  sum  as  three  commissioners,  to  be  appointed  by  the  Secretary 

15516  of  the  Interior,  shall  appraise  to  be  the  value  of  said  land : 

15517  Provided,  in  no  event  shall  the  value  be  placed  below  the  sum 

15518  of  one  dollar  and  twenty-five  cents  per  acre,  exclusive  of  the 

15519  cost  of  survey  of  the  same.     [And  that  the  United  States  will 

15520  issue  a  patent  in  fee  simple  to  said  company,  upon  the  payment 

15521  as  aforesaid,  for  all  their  laud  remaining  in  Kansas.]     It  is, 

15522  therefore,  agreed  by  the  United  States  that  the  wishes  of  the 

15523  Delawares  shall  be  granted  ;  that  they  will  accept  of  the  trust  re 

15524  posed  upon  them  ;  and  that  the  money  resulting  from  such  dispo- 

15525  sition  of  the  lands  shall  be  disposed  of  and  applied  in  the  manner 

15526  provided  for  by  the  seventh  and  eighth  articles  of  the  Delaware 

15527  treaty  of  sixth  May,  one  thousand  eight  hundred  and  fifty-four, 

15528  after  expending  a  sufficient  sum  to  enable  them  to  commence 

15529  agricultural  pursuits  under  favorable  circumstances.    It  is  also 

15530  agreed  that  the  said  railroad  company  shall  have  the  perpetual 

15531  right  of  way  over  any  portion  of  the  lands  allotted  to  the  Dela- 

15532  wares  in  severalty,  on  the  payment  of  a  just  compensation  there- 


348 

15533  for,  in  money,  to  the  respective  parties  whose  lands  are  crossed 

15534  by  the  line  of  railroad.    It  being  the  intent  and  meaning  of  the 

15535  Delawares,  in  consenting  to  the  sale  of  their  surplus  lauds  to 

15536  said  company,  that  they  should,  in  good  faith,  and  within  a 

15537  reasonable  time,  construct  a  railroad  through  their  reservation, 

15538  and  to  carry  out  this  intent,  as  well  as  to  secure  so  great  a 

15539  public  convenience,  it  is  agreed  that  no  patent  shall  issue  for 
15510  any  of  these  lands,  nor  shall  the  sale  be  binding  upon  the  Dela- 

15541  ware  Indians  nor  the  United  States,  until  the  Secretary  of  the 

15542  Interior  shall  be  fully  satisfied  that  a  line  of  twenty-five  miles 

15543  of  the  road  from  Leavenworth  City  shall  have  been  completed 

15544  and  equipped,  when  a  patent  shall  issue  for  one-half  of  the 

15545  ascertained  quantity,  the  patent  for  the  residue  to  issue  only 

15546  when  the  said  Secretary  shall  be  satisfied  tfhat  the  road  has 

15547  been  in  like  manner  completed  and  equipped  to  the  western 

15548  boundary  of  the  Delaware  reservation.    And  if  the  said  company 

15549  shall  fail  or  neglect  to  construct  either  the  first  or  second  sec- 

15550  tions  of  the  road,  or  having  constructed  the  first  section  and 

15551  fail  to  complete  the  second  section  within  a  reasonable  time, 

15552  they  shall  forfeit  to  the  United  States  all  right  to  the  lands  not 

15553  previously  patented,  and  the  certificate  of  purchase  shall  be 

15554  deemed  and  considered  cancelled.     And  provided  further,  That 

15555  in  case  the  said  company  shall  fail  to  make  payment  for  the 

15556  lands,  or  fail  to  construct  the  road,  as  hereinbefore  stipulated, 

15557  within  a  reasonable  time,  the  surplus  lands  shall  be  disposed  of 

15558  by  the  Secretary  of  the  Interior  at  public  auction,  in  quantities 

15559  not  exceeding  one  hundred  and  sixty  acres ;  but  in  no  case  for  a 

15560  sum  less  than  the  appraised  value,  the  net  proceeds  to  be  ap- 

15561  plied  in  the  same  manner  as  hereinbefore  specified.    And  pro- 

15562  vided  further,  That  the  said  railroad  company  shall  finally,  and 

15563  in  good  faith  sell  and  dispose  of  all  said  lands  within  seven 

15564  years  after  receiving  the  patent  therefor,  except  what  may  be 

15565  necessary  for  railroad  purposes,  and,  in  default  thereof,  so  much 

15566  thereof  as  may  remain  undisposed  of  shall  revert  to  the  Dela- 

15567  ware  Nation,  to  be  disposed  of  as  is  herein  provided  for  other 

15568  forfeited  lands. 

15569  ARTICLE  4.  Whereas  some  years  ago  a  good  many  of  the 

15570  Delawares  went  down  among  the  Southern  Indians,  and  as  there 

15571  are  still  about  two  hundred  of  them  there,  and  as  they  have 

15572  reason  to  believe  they  will  return  soon,  it  is  hereby  agreed  that 

15573  eighty  acres  each  be  set  apart  for  them,  to  be  allotted  to  them 

15574  as  they  return,  and  certificates  to  be  then  issued  to  them,  in  the 

15575  same  manner  as  to  those  now  within  the  reservation,  and  in 

15576  every  respect  to  be  governed  by  the  same  rules  and  regulations 

15577  as  prescribed  for  the  government  of  the  lauds  reserved  by  the 


349 

1557$  preceding  articles,  that  until  they  return  the  allotments  set  apart 

15579  for  belong  to  the  nation  in  common. 

15580  ARTICLE  5.  There  shall  be  reserved  three  hundred  and 

15581  twenty  acres  of  ground  where  the  mill,  and  school-house,  and 

15582  Ketch  urn's  store  now  stand;  three  hundred  and  twenty  acres 

15583  where  the  council-house  now  is;    one  hundred  and  sixty  acres 

15584  where  the  Baptist  mission  now  is ;  one  hundred  and  sixty  acres 

15585  where  the  agency-house  now  is ;  forty  acres  where  the  Methodist 

15586  Episcopal  Church,  South,  now  is ;  forty  acres  where  the  Methodist 

15587  Episcopal  Church,  North,  now  is ;  which  several  tracts,  with  the 

15588  improvements  thereupon,  shall  be  disposed  of  when  the  objects 

15589  for  which  they  have  been  reserved  shall  have  been  accomplished, 

15590  in  such  manner  and  for  such  purposes  as  the  Secretary  of  the 

15591  Interior  shall  determine  to  be  just  and  equitable,  for  the  benefit 

15592  of  the  Delawares. 

15593  ARTICLE  6.  By  article  fourteen  of  the  treaty  between  the 

15594  Delawares  and  the  United  States,  of  May  six,  eighteen  hundred 

15595  and  fifty -four,  ratified  by  the  Senate  July  eleven,  eighteen  hun- 

15596  dred  and  fifty-four,  the  United  States  bound  herself  to  protect 

15597  them  and  their  rights ;  and  that  whereas,  that  depredations  of 

15598  various  kinds  have  been  committed  upon  them  and  their  lands, 

15599  it  is  hereby  agreed  that  the  United  States  shall  pay  them,  within 

15600  twelve  mouths  from  the  ratification  of  these  articles  of  treaty 

15601  and  convention,  thirty  thousand  dollars  as  indemnity  for  timber 

15602  that  has  been  cut  off'  their  reservation  by  the  whites,  and  nine 

15603  thousand  five  hundred  dollars  as  indemnity  for  ponies  and  cattle 

15604  that  have  been  stolen  from  them  by  the  whites  since  their  last 

15605  treaty  with  the  United  States.    It  is  further  stipulated  that, 

15606  should  the  Senate  of  the  United  States  refuse  this  article,  it 

15607  shall  in  nowise  affect  the  validity  of  the  other  articles,  or  pre- 
15608  judice  the  right  of  the  Delawares  to  appeal  to  the  Congress  of 

15609  the  United  States  for  the  indemnities  hereby  agreed  upon. 

15610  It  is  further  understood  that,  at  the  treaty  between  the 

15611  Delawares  and  the  United  States,  made  September  twenty-four, 

15612  eighteen  hundred  and  twenty-nine,  the  boundary  of  the  reserva- 

15613  tion  then  set  apart  for  them  included  the  Half-breed  Kansas 

15614  lauds;  but  it  afterwards  proved  that  the  United  States  had 

15615  previously  set  apart  these  lauds  for  the  Half-breed  Kaws,  and  by 

15616  that  means  they  have  been  kept  out  of  the  use  and  benefit  of 

15617  said  lands;  it  is,  therefore,  hereby  agreed  that  a  fair  valuation 

15618  shall  be  made  by  the  United  States  upon  such  lands,  under  the 

15619  direction  of  the  Secretary  of  the  Interior,  and  that  the  amount 

15620  of  said  valuation  shall  be  paid  the  Delawares. 

15621  ARTICLE  7.  In  consideration  of  the  long  and  faithful  ser- 

15622  vices  of  the  chiefs  of  the  Delaware  Nation,  and  of  their  iuter- 

15623  preter,  who  is  also  a  member  of  the  nation,  it  is  further  agreed 


350 

15624  that  the  said  chiefs  and  interpreter  shall  have  allotted  to  each 

15625  a  tract  of  land,  to  be  selected  by  themselves,  and  shall  receive 

15626  a  patent  in  fee-simple  therefor  from  the  President  of  the  United 

15627  States,  viz!  John  Connor,  principal  chief,  six  hundred  and  forty 

15628  acres;  Sar-cox  ie,  chief  of  the  Turtle  band,  three  hundred  and 

15629  twenty  acres ;  Kock-a-to-wha,  chief  of  the  Turkey  band,  three 

15630  hundred  and  twenty  acres;  Ne-cou-he-con,  chief  of  the  Wolf 

15631  baud,  three  hundred  and  twenty  acres;  and  Henry  Tiblow,  iu- 

15632  terpreter,  three  hundred  and  twenty  acres;  the  lines  of  each 

15633  tract  to  conform  to  the  legal  subdivisions  of  survey.     It  is  fur- 

15634  ther  agreed  that,  from  the  money  as  paid  the  Delaware  tribe  of 

15635  Indians,  in  accordance  with  article  number  ten  of  this  treaty 

15636  the  chiefs  of  said  tribe  of  Indians  shall  appropriate  one  thousand 

15637  five  hundred  dollars  as  the  annual  salary  of  the  councilmen  of 

15638  the  said  tribe  of  Indians. 

15630  ARTICLE  8.  Any  stipulation  in  former  treaties  inconsistent 

15640  with  those  embraced  in  the  foregoing  articles  shall  be  of  no  force 

15641  or  effect. 

15642  ARTICLE  9.  As  these  articles  are  entered  into  for  the  sole 

15643  use  and  benefit  of  the  Delaware  Indians,  it  is  understood  that 

15644  the  expenses  incident  to  carrying  them  into  effect  shall  be  de- 

15645  frayed  from  the  funds  of  said  Indians,  held  in  trust  for  them  by 

15646  the  United  States. 

15647  ARTICLE  10.  The  interest  accruing  to  theDelawares  under 

15648  the  former  treaties,  and  that  which  may  accrue  under  this,  shall 

15649  be  paid  on  the  first  of  April  and  October  in  each  year. 

15650  Proclaimed  27th  August,  1870. 

15651  Treaty  between  the  United  States  and  the  Delaware  tribe  of  Indians, 

15652  concluded  July  2,  1861 ;  ratified  August  6, 1861. 

15653  ABRAHAM  LINCOLN,  President  of  the  United  States  of  America, 

15654  to  all  and  singular  to  whom  these  presents  shall  come, 

15655  greeting: 

15656  Whereas  a  treaty  or  agreement  was  made  and  concluded  at 

15657  Leavenworth  City,  Kansas,  on  the  second  day  of  July,  one  thou- 

15658  sand  eight  hundred  and  sixty-one,  between  the  United  States  of 

15659  America  and  the  Delaware  tribe  of  Indians,  relative  to  certain 

15660  lands  of  that  tribe  conveyed  to  the   Leavenworth,  Pawnee  and 

15661  Western  Railroad  Company,  and   to  bonds  executed  to  the 

15662  United  States  by  the  said  company  for  the  payment  of  the  said 

15663  Indians,  which  treaty  or  agreement,  with  the  preliminary  and  in- 

15664  cidental  papers  necessary  to  the  full  understanding  of  the  same, 

15665  is  in  the  following  words,  to  wit : 

15666  Whereas,  by  the  treaty  of  May  30, 1860,  between  the  United 


351 

15GC7  States  and  the  Delaware  tribe  of  Indians,  it  is  provided  that  the 

15GC8  surplus  lauds  of  said  Delawares,  not  included  in  their  "  home 

15669  reserve,"  should  be  surveyed  and  appraised*under  direction  o 

15670  the  Secretary  of  the  Interior;  and  that  in  order  to  aid  in  the 

15671  construction  of  a  railroad  near  and  through  their  said  "Lome 

15672  reserve,"  the  Leavenworth,  Pawnee  and  Western  Railroad  Com- 

15673  pany  of  Kansas,  duly  organized  and  incorporated  under  the  laws 

15674  of  said  Territory,  should  have  the  right  to  purchase  such  surplus 

15675  lands  at  such  appraised  value — on  condition,  however,  that  after 

15676  paying  for  said  lands,  said  company  should  only  receive  title  to 

15677  one-half  of  them  on  completing  and  equipping,  within  a  reasona- 

15678  ble  time,  twenty-five  (25)  miles  of  said  railroad  from  Leaveuworth 

15679  City  westward;  and  should  only  receive  title  to  the  remaining 

15680  half  of  said  lands  on  completing  and  equipping  said  road,  within 

15681  a  reasonable  time,  to  the  western  boundary  of  the  "  Delaware 

15682  Reserve  ;"  and  that  in  case  said  company  should  fail  to  pay  for  said 

15683  lands,  or,  having  paid,  should  forfeit  the  same,  or  any  part  thereof, 

15684  before  receiving  title,  by  failing  to  construct  either  the  first  or 

15685  the  second  section  of  said  road  within  such  reasonable  time,  then 

15686  the  lands  so  forfeited,  or  not  paid  for,  should  be  sold  in  quanti* 
156S7  ties  not  exceeding  one  hundred  and  sixty  (160)  acres,  at  not  less 

15688  than  such  appraised  value  ;  the  proceeds  of  such  sale,  subject  to 

15689  a  certain  contingent  deduction,  to  be  invested  by  the  President 

15690  of  the  United  States  in  "  safe  and  profitable  stocks,"  for  the  ben- 

15691  efit  of  said  Delaware  Indians ;  and 

15692  Whereas  said  surplus  lands,  to  the  amount  of  223,966^ 

15693  acres,  have  been  duly  surveyed  and  appraised  at  an  aggregate 

15694  valuation  of  two  hundred  and  eighty-six  thousand  seven  Lun- 

15695  dred  and  forty-two  and  ./^  ($286,742^,)  dollars;  and 

15696  WLereas  the  said  Leaveuworth,  Pawnee  and  Western  Rail- 

15697  road  Company  has  executed,  under  their  corporate  seal,  and 

15698  by  the  hand  of  Thomas  Ewing,  jr.,  their  agent,  their  twenty-nine 

15699  (29)  several  bonds,  all  of  even  date  herewith,  and  numbered  from 

15700  one  to  twenty-one  inclusive,  for  sums  amounting  in  the  aggregate 

15701  to  $286,742^,  being  the  amount  of  the  valuation  of  said  surplus 

15702  lands  as  above  stated,  twenty  eight  (C!S)  of  which  said  bonds  are 

15703  for  the  sum  of  ten  thousand  ($10,000)  dollars  each,  and  one  is 

15704  for  the  sum  of  six  thousand  and  seven  hundred  and  forty-two 

15705  and  TVo  ($6,742^)  dollars,  and  payable  in  ten  (10)  years  after 

15706  their  date,  at  the  office  of  the  assistant  treasurer  of  the  United 

15707  States,  in  the  city  of  Kew  York,  to  the  Commissioner  of  Indian 

15708  Affairs  of  the  United  States  or  bearer,  with  interest  at  the  rate 

15709  of  six  per  cent,  per  annum,  payable  annually  at  the  same  place 

15710  on  interest- warrants  attached  to  said  bonds,  which  said  bonds 

15711  have  been  delivered  by  said  company  to  Archibald  Williams, 

15712  judge  of  the  United  States  court  for  the  district  of  Kansas,  and 


352 

15713  have  been  by  him  received  and  receipted  for  as  agent  of  the 

15714  United  States  for  that  purpose  specially  appointed,  in  accord- 
15.715  ance  with  the  instructions  of  the  President  of  the  United  States 

15716  of  June  10,  1861,  hereto  attached  and  made  part  hereof,  and  for 

15717  the  consideration  and  use  in  said  instructions  set  forth : 

15718  Now,  therefore,  to  secure  the  payment  of  said  bonds  and 

15719  every  part  thereof,  and  of  all  interest  to  become  due  thereon, 

15720  according  to  the  terms  thereof,  the  Leavenworth,  Pawnee  and 

15721  Western  Eailroad  Company,  by  its  agent  hereto  specially  author- 

15722  ized  by  resolution  of  the  board  of  directors  of  said  company  of 

15723  April  11, 1861,  a  certified  copy  of  which  said  resolution  is  hereto 

15724  attached,  hereby  agrees  with  the  United  States,  as  trustee  for 

15725  said  Delaware  tribe  of  Indians,  that  in  case  said  company  shall 

15726  at  any  time  hereafter  neglect  or  fail  to  pay  the  whole  or  any  part 

15727  of  the  interest  on  all  or  any  one  of  said  bonds,  or  shall  neglect  or 

15728  fail  to  pay  the  whole  or  any  part  of  the  principal  of  all  or  any 

15729  one  of  said  bonds,  when  any  such  payment,  either  of  principal  or 

15730  of  interest,  shall  become  due  and  payable,  then  the  said  railroad 

15731  company  shall  be  deemed  and  held  to  have  forfeited  all  right  and 

15732  title  of  any  kind  whatever  to  the  one  hundred  thousand  (100,000) 

15733  acres  of  land  herein  described,  to  wit ; 

15734  Dpscriptioth  .r-ectioii.    Township,         Range.  Meridian. 

15735  Southeast  quarter 2      10      17  E.      6th. 

15736  Section 12      10      17  E.      6th. 

15737  West  half 13      10      17  E.      6th. 

15738  East  half 14      10      17  E.      6th. 

15739  Section 24      10      17  E.      6th. 

15740  West  half 25      10      17  E.       6th. 

15741  Section 36      10      17  E.      6th. 

15742  South  half 3      10      18  E.      6th. 

15743  South  half 4      10      18  E.      6th. 

15744  Section 9      10      18  E.      6th. 

15745  South  half.,. 25      10      19  E.      6th. 

15746  Section 26      10      19  E.      6th. 

15747  Section 28      10      19  E.      6th. 

15748  West  half 30      10      19  E.      6th. 

15749  Section 32      10      19  E.      6th. 

15750  Section 34      10      19  E.      6th. 

15751  Section 36      10      19  E.      6th. 

15752  South  half. 2      10      20  E.      6th. 

15753  South  half '4      10      20  E.      6th. 

15754  S.W.  quarter... 5      10      20  E.      6th. 

15755  East  half 19      10      18  E.      6th. 

15756  Easthalf 24      10      18  E.      6th. 

15757  North  half 25       10      18  E.       6th. 

15758  Easthalf..  26      10      18  E.      6th. 


353 


15759 

Description. 

Sertion. 

Township. 

Range. 

Meridian. 
P.  M. 

15760 

West  half  

28 

10 

18  E. 

6th- 

15761 

East  half  

30 

10 

18  E. 

6th. 

15762 

West  half  ... 

32 

10 

18  E. 

6th. 

15763 

Section  

.  .  .  .  .    ...     35 

10 

18  E. 

6th. 

15764 

South  half  

1 

10 

19  E. 

6th. 

15765 

South  half  

3 

10 

19  E. 

6th. 

15766 

South  half  

5 

10 

19  E. 

6th. 

15767 

East  half  

7 

10 

19  E. 

6th. 

15768 

Section  

9 

10 

19  E. 

6th. 

15769 

Section  ............. 

11 

10 

19  E. 

6th. 

15770 

Section  

13 

10 

19  E. 

6th. 

15771 

Section  

15 

10 

19  E. 

6th. 

15772 

Section  

17 

10 

19  E. 

6th. 

15773 

East  half  

19 

10 

19  E. 

6th. 

15774 

West  half  

20 

10 

19  E. 

6th. 

15775 

Section  

'>k> 

10 

19  E. 

6th. 

15776 

East  half  

23 

10 

19  E. 

6th. 

15777 

Section  

24 

10 

19  E. 

6th. 

15778 

S.  E.  quarter  

6 

10 

20  E. 

6th. 

15779 

Section  

8 

10 

20  E. 

6th. 

15780 

Section  

10 

10 

20  E. 

6th. 

15781 

Section  

12 

10 

20  E. 

6th. 

15782 

Section  

14 

10 

20  E. 

6th. 

15783 

West  half  

15 

10 

20  E. 

6th. 

15784 

Section  

17 

10 

20  E. 

6th. 

15785 

East  half  

19 

10 

20  E. 

6th. 

15786 

East  half.  .  . 

20 

10 

20  E. 

6th. 

15787 

West  half  

21 

10 

20  E. 

6th. 

15788 

Section  

...    22 

10 

20  E. 

6th. 

15789 

Section  

24 

10 

20  E. 

6th. 

15790 

Section  

26 

10 

20  E. 

6th. 

15791 

Section  

28 

10 

20  E. 

6th- 

15792 

Section  

30 

10 

20  E. 

6th. 

15793 

Section  ,  

32 

10 

20  E. 

6th. 

15794 

Section  

34 

10 

20  E. 

6th. 

15795 

Section  •  

36 

10 

20  E. 

6th. 

15796 

Section  ,  

8 

10 

21  E. 

6th. 

15797 

Section  

10 

10 

21  E. 

6th. 

15798 

Section  

12 

10 

21  E. 

6th. 

15799 

Section  

13 

10 

21  E. 

6th. 

15800 

Section  

15 

10 

21  E. 

6th. 

15801 

Section  

17 

10 

21  E. 

6th. 

15802 

Section  

19 

10 

21  E. 

6th. 

15803 

Section  

21 

10 

21  E. 

6th. 

15804 

Section  

23 

10 

21  E. 

6th. 

45  IT 

354. 

Description.                                                         Section.    Township.         Range.  Meridian. 

P.  M. 

15806  Section 25  10  21  E.  6th. 

15807  Section ..  27  10  21  E.  6th. 

15808  Section 29  10  21  E.  6th. 

15809  Section 31  10  21  E.  6th. 

15810  Section , 33  10  21  E.  6th. 

15811  Section 35  10  21  E.  6th. 

15812  Section 7  10  22  E.  6th. 

15813  Section 9  10  22  E.  6th. 

15814  Section , 11  10  22  E.  6th. 

15815  Section 13  10  22  E.  6th. 

15816  Section 15  10  22  E.  6th. 

15817  Section 17  10  22  E.  6th. 

15818  Section 19  10  22  E.  6th. 

15819  Section 21  10  22  E.  6th. 

15820  Section .  23  10  22  E.  6th. 

15821  Section ., 25  10  22  E.  6th. 

15822  Section 27  10  21  E.  6th. 

15823  Section 29  10  22  E.  6th. 

15824  Section 31  10  22  E.  6th. 

15825  Section 33  10  22  E.  6th. 

15826  Section 35  10  22  E.  6th. 

15827  Section 7  10  23  E.  6th. 

15828  Section 9  10  23  E.  6th. 

15829  Section , 11  10  23  E.  6th. 

15830  Section   19  10  23  E.  6th. 

15831  South  half  .... 1  11  17  E.  6th. 

15832  South  half... 12  11  17  E.  6th. 

15833  North  half 13  11  17  E.  6th. 

15834  South  half 24  11  17  E.  6th. 

15835  South  half 2  11  18  E.  6th. 

15836  South  half 4  11  18  E.  6th. 

15837  Easthalf 6  11  18  E.  6th. 

15838  Easthalf 7  11  18  E.  6th. 

15839  Section 8  11  18  E.  6th. 

15840  Section 10  11  18  E.  6th. 

15841  Section 12  11  18  E.  6th. 

15842  Section 14  11  18  E.  6th. 

15843  West  half 15  11  18  E.  6th. 

15844  Easthalf ,. 17  11  18  E.  6th. 

15845  Easthalf 18  11  18  E.  6th. 

15846  West  half 20  11  18  E.  6th. 

15847  Easthalf 22  11  18  E.  6th. 

15848  West  half 23  11  18  E.  6th. 

15849  West  half 24  11  18  E.  6th. 

15850  East  half. .  25  11  18  E.  6th. 


355 


15851 

Description. 

Section. 

Township. 

Range. 

Meridian. 
V.  M. 

15852 

South  half  

1 

11 

19  E. 

6th. 

15853 

South  half  , 

3 

11 

19  E. 

6th. 

15854 

South  half  

5 

11 

19  E. 

6th. 

15855 

East  half  , 

7 

11 

19  E. 

6th. 

15856 

SectioD  

9 

11 

19  E. 

6th. 

15857 

Section  

11 

11 

19  E. 

6th. 

15858 

Section  

...     13 

11 

19  E. 

6th. 

15859 

Section  

15 

11 

19  E. 

6th. 

15860 

Section  

17 

11 

19  E. 

6th. 

15861 

East  half  

18 

11 

19  E. 

6th. 

15862 

East  half..  

19 

11 

19  E. 

6th. 

15863 

Section  

.     21 

11 

19  E. 

6th. 

15864 

Section  

23 

11 

19  E. 

6th. 

15865 

Section  

25 

11 

19  E. 

6th. 

15866 

East  half  

24 

11 

19  E. 

6th. 

15867 

Section  

.  ;  27 

11 

19  E. 

6th. 

15868 

Section  

29 

11 

19  E. 

6th. 

15869 

East  half  

30 

11 

19  E. 

6th. 

15870 

East  half  

33 

11 

19  E. 

6th. 

15871 

West  half  

34 

11 

19  E. 

6th. 

15872 

North  half  

35 

11 

19  E. 

6th. 

15873 

Section  

36 

11 

19  E. 

6th. 

15874 

South  half  ..  

1 

11 

20  E. 

6th. 

15875 

South  half.  

2 

11 

20  E. 

6th. 

15876 

South  half  

3 

11 

20  E. 

6th. 

15877 

South  half  

4 

11 

20  E. 

6th. 

15878 

East  half  

7 

11 

20  E. 

6th. 

15879 

South  half  

8 

11 

20  E. 

6th. 

15880 

South  half  .  .  .  .  . 

9 

11 

20  E. 

6th. 

15881 

N.  W.  quarter  

,  13 

11 

20  E. 

6tb. 

15882 

S.  W.  quarter  

15 

11 

20  E. 

6th. 

15883 

North  half  

17 

11 

20  E. 

6th. 

15884 

East  half  

18 

11 

20  E. 

6th. 

15885 

East  half  

,     19 

11 

20  E. 

6th. 

15886 

North  half  

20 

11 

20  E. 

6th. 

15887 

West  half  

21 

11 

20  E. 

6th. 

15888 

East  half  

22 

11 

20  E. 

6th. 

15889 

South  half  

23 

11 

20  E. 

6th. 

15890 

South  half  

24 

11 

20  E. 

6th. 

15891 

Section  

25 

11 

20  E. 

6th. 

15892 

South  half-  

26 

11 

20  E. 

6th. 

15893 

East  half  

-     27 

11 

20  E. 

6th. 

15894 

East  half  

33 

11 

20  E. 

6th. 

15895 

Section  

34 

11 

20  E. 

6th. 

15896 

Section  ,  

36 

11 

20  E. 

6th. 

356 


15897 

Dpsrnptu.n. 

Section. 

Township. 

Range. 

Meri.linn. 
P.  M. 

15898 

South  half  

1 

11 

21  E. 

6th. 

15899 

South  half  

3 

11 

21  E. 

6th. 

15900 

South  half  

5 

11 

21  E. 

6th. 

15901 

East  half  ,. 

r- 
1 

11 

21  E. 

6th. 

15902 

Section  

8 

11 

21  E. 

6th. 

15903 

Section  

10 

11 

21  E. 

6th. 

15904 

Section  

12 

11 

21  E. 

6th. 

15905 

South  half  

13 

11 

21  E. 

6th. 

1590G 

Section  

14 

11 

21  E. 

6th. 

15907 

West  half  ....   ,  

15 

11 

21  E. 

6th. 

15908 

Section  

17 

11 

21  E. 

6th. 

15909 

East  half  

18 

11 

21  E. 

6th. 

15910 

East  half  

19 

11 

21  E. 

6th. 

15911 

East  half  

.      ...     20 

11 

21  E. 

6th. 

15912 

West  half  .  .  .  .  ,  

21 

11 

21  E. 

6th. 

15913 

Section  

2° 

11 

21  E. 

6th. 

15914 

South  half  

27 

11 

21  E. 

6th. 

15915 

Section  

28 

11 

21  E. 

6th. 

15916 

West  half  

29 

11 

21  E. 

6th. 

15917 

East  half  

30 

11 

21  E. 

6th. 

15918 

East  half  

31 

11 

21  E. 

6th. 

15919 

Section  .  ;  

32 

11 

21  E. 

6th. 

15920 

Section  

34 

11 

21  E. 

6th. 

15921 

Section  

3 

11 

22  E. 

6th. 

15922 

Section  :  

5 

11 

22  E. 

'  6th. 

15923 

East  half  

i 

11 

22  E. 

6th. 

15924 

West  half  

8 

11 

22  E. 

6th. 

15925 

Section  

9 

11 

22  E. 

6th. 

15926 

Section  

15 

11 

22  E. 

6th. 

15927 

Section  , 

17 

11 

22  E. 

6th. 

15928 

East  half  

18 

11 

22  E. 

6th. 

15929 

Section  

1 

12 

19  E. 

6th. 

15930 

East  half  

*> 

12 

19  E. 

6th. 

15931 

South  half  

12 

12 

19E. 

6th. 

15932 

N.  E.  quarter  

,  13 

12 

19  E. 

6th. 

15933 

Section  

1 

12 

20  E. 

6th. 

15934 

Section  .  ,  

3 

12 

20  E. 

6th. 

15935 

Section  , 

5 

12 

20  E. 

6th. 

15936 

East  half  

.  <  6 

12 

20  E. 

6th. 

15937 

East  half  

7 

12 

20  E. 

6th. 

15938 

Section  

9 

12 

20  E. 

6th. 

15939 

Section  

11 

12 

20  E. 

6th. 

15940 

Section  

12 

12 

20  E. 

6th. 

15941 

Section  .  .  .  .  ,  

14 

12 

20  E. 

6th. 

15942 

East  half.  . 

15 

12 

20  E. 

6th. 

357 


1594:3 
15944 
15945 
15946 
15947 
15948 
15949 
15950 
15951 
15952 
15953 
15954 
15955 
15956 
15957 
15958 
15959 
15960 
15961 
15962 
15963 
15964 
15965 
15966 
15967 
15968 
15969 
15970 
15971 
15972 
15973 

15974 
15975 
15976 
15977 
15978 
15979 
15980 
15981 
15982 
15983 
15984 
15985 
15986 


12 

20  E. 

1'.  M. 

6th. 

12 

20  E. 

6th. 

12 

20  E. 

6th. 

12 

20  E. 

6th. 

12 

20  E. 

6th. 

12 

20  E. 

6th. 

Range 

East  half 18 

East  half 19 

Section 21 

North  half 29 

S.  E.  quarter 21 

Section 16 

156J  sections,  or  100,000  acres. 

And  immediately  on  such  failure,  the  United  States  may 
take  possession  of  and  sell  said  lamls  for  the  exclusive  benefit 
of  said  Delaware  Indians. 

And  in  case  said  company  shall  forfeit  the  one  hundred 
thousand  (100,000)  acres  above  described,  it  shall  thereupon 
also  forfeit  all  its  right  and  title  to  all  the  lands  purchased  by 
it  from  said  Indians,  not  earned  and  patented  at  the  date  of  such 
forfeiture. 

And  said  company  further  agree  that,  on  the  completion  of 
the  first  section  of  said  road,  it  shall  only  be  entitled  to  a  patent 
for  one-half  of  the  lands  not  pledged  for  the  payment  of  said 
bonds;  and  on  the  completion  of  said  second  section  it  shall 
have  a  patent  for  only  the  remaining  half,-  and  that  no  patent 
shall  issue  to  it  for  any  of  the  lands  so  pledged,  until  after  said 
bonds 'and  ,'the  interest- warrants  attached  shall  all  and  every 
part  of  them  have  been  fully  and  promptly  paid  and  cancelled. 

In  witness  whereof,  the  said  Leavenworth,  Pawnee  and 
Western  Railroad  Company,  by  Thomas  Ewing,  jr.,  their  agent 
aforesaid,  have  executed  this  instrument  and  attached  thereto 
the  seal  of  said  company,  this  2d  day  of  July,  1861. 

The  Leavenworth,  Pawnee  and  Western  Railroad  Company, 
by  their  agent, 

[SEAL. ]  THOMAS  EWING,  JR. 

State  of  Kansas,  Leavenirorth  County,  ss  : 

On  this  second  day  of  July,  A.  D.  1861,  before  me,  the  un 
dersigned  authority,  a  notary  public  in  and  for  the  county  afore 
said,  in  the  State  aforesaid,  personally  came  Thomas  Ewing, 
jr.,  agent  of  the  Leavenworth,  Pawnee  and  Western  Railroad 
Company,  to  me  personally  known  to  be  the  identical  person 
who  signed  the  foregoing  instrument  of  writing,  and  whose 
name  is  thereto  affixed  as  grantor,  and  he  acknowledged  the 
same  to  be  his  own  voluntary  act  and  deed. 

Witness  my  hand  and  notarial  seal,  this  2d  day  of  July,  A. 
D.  1861. 

[SEAL.]  W.  S.  VAN  DOREN, 

Notary  Public,  Leavemcorth  County,  Kansas. 


358 

15987  At  a  called  meeting  of  the  board  of  directors  of  the  Leav- 

15988  enworth,  Pawnee  and  Western  Railroad  Company,  on  Monday, 

15989  July  1st,  1861,  at  the  office  of  A.  J.  Isacks,  in  Leavenworth 

15990  City,  Kansas,  was  present,  Jas.  C.  Stone,  Amos  Rees,  Thomas 

15991  Ewing,  jr.,  and  Thomas  S.  Gladding. 

15992  Resolved,  That  Thomas  Ewing,  jr.,  be  authorized  and  di 

15993  rected,  as  agent  of  the  company,  to  make,  execute,  and  deliver 
15991  to  Archibald  Williams,  as  agent  of  the  United  States,  the  bonds 

15995  and  interest-warrants  of  the  company  for  $286,742^,^,  payable 

15996  in  ten  years  from  their  date,  with  6  per  cent,  interest,  payable 

15997  annually,  payable  to  the  Commissioner  of  Indian  Affairs,  or 

15998  bearer,  at  the  office  of  the  assistant  treasurer  of  the  United 

15999  States  in  the  city  of  New  York  ;  and  also  to  make  and  execute 

16000  to  the  United  States,  and  cause  to  be  recorded  and  delivered  to 

16001  said  Williams,  as  such  agent,  a  mortgage  of  the  company  on  the 

16002  one  hundred  thousand  acres  of  Delaware  Indian  lands,  described 

16003  in  the  letter  of  the  Commissioner  of  Indian  Affairs  to  the  Sec- 

16004  retary  of  the  Interior,  of  May  29th,  1861  ;  such  mortgage  to  con- 

16005  tain  all  the  conditions  prescribed  in  the  paper  signed  by  the 

16006  President  of  the  United  States,  of  June  10th,  1861,  the  terms 

16007  of  which  are  hereby  accepted  by  the  company. 

16008  I  hereby  certify  that  at  a  meeting  of  the  board  of  directors 

16009  of  the  Leaveuworth,  Pawnee  and  Western  Railroad  Company, 

16010  held  at  the  office  of  A.  J.  Isacks,  in  the  city  of  Leavenworth,  in 

16011  the  State  of  Kansas,  on  the  1st  day  of  July,  1861,  the  foregoing 

16012  proceedings  were  had  and  recorded  on  the  journal  of  the  com- 

16013  pany  ;  and  that  the  same  is  a  true  and  correct  transcript  of  the 

16014  same  from  the  journal  of  said  company. 

16015  In  testimony  whereof  I  hereunto  sign  my  name  and  affix 

16016  the  official  seal  of  the  company. 

16017  [SEAL.  ]  THOS.   S.  GLADDING, 

16018  Secretary  L.  P.  &  W.  R.  R.  Co. 

16019  Whereas,  by  the  treaty  of  Sarcoxieville,  amended  by  the 

16020  United  States  Senate,  and  finally  ratified  by  the  President  of 

16021  the  United  States  on  the  22d  day  of  August,  1860,  a  principal 

16022  object  of  both  parties  was  the  construction  of  a  certain  contem- 

16023  plated  railroad  therein  named ;  and  to  that  end  the  Leavenworth, 

16024  Pawnee,  and  Western  Railroad  Company  were  to  pay  into  the 

16025  United  States  Treasury,  in  gold  or  silver  coin,  a  sum  of  money, 

16026  afterwards  ascertained  to  be  $286,742.15,  as  the  appraised  value 

16027  of  certain   lands  in  Kansas  belonging  to  the  Delaware  tribe  of 

16028  Indians;  which  sum  of  money,  after  expending  a  sufficient  part 

16029  of  it  to  enable  the  Indians  to  commence  agricultural  pursuits 

16030  under  favorable  circumstances,  was  to  be  by  the  President,  for 

16031  said  Indians,  invested  in  safe  and  profitable  stocks ;  and 


359 


16032 
16033 
16034 
16035 
16036 
16037 
16038 
16030 
16040 
16041 
16042 
16043 
16044 
16045 
16046 
16047 
16048 
16049 
16050 
16051 
16052 
16053 
16054 
16055 
16056 
16057 
16058 
16059 
16060 
16061 
16082 
16063 
16064 
16065 
16066 
16067 
16068 
16069 
16070 
16071 
16072 
16073 
16074 
16075 
16076 
16077 


Whereas  the  said  railroad  company  is  not  able  to  pay  said 
sum  of  money  within  time,  according  to  said  treaty ;  and 

Whereas  the  President  is  of  opinion  that  it  is  not  for  the  in 
terest  of  either  party  that  said  object  of  the  treaty  shall  fail, 
but  not  knowing  what  would  be  the  desire  of  said  Indians  on 
this  point,  nor  knowing  whether  any  part  of  said  sum  would  be 
needed  to  enable  the  Indians  to  commence  agricultural  pursuits 
under  favorable  circumstances,  but  supposing  it  probable  that 
no  part  of  it  would  be  so  needed,  as  said  Indians  now  have  over 
fifty  thousand  dollars  lying  idle  in  the  United  States  Treasury  : 
Therefore, 

It  is  directed  by  the  President  that  said  Kailroad  Company 
may  execute  their  bonds,  with  interest- warrants  or  coupons  at 
tached,  according  to  the  forms  hereto  annexed,  the  principal  of 
which  bonds  shall  amount  to  the  aggregate  sum  of  $286,742.15, 
and  deposit  the  same  with  Archibald  AVilliains,  of  Kansas, 
hereby  appointed  to  receive  and  receipt  for  the  same,  to  be  by 
him  transmitted  to  the  Commissioner  of  Indian  Affairs  for  the 
use  of  said  Indians;  and  also  shall,  in  due  and  proper  form,  ex 
ecute  a  mortgage  upon  one  hundred  thousand  acres  of  the  land 
contemplated  in  and  by  said  treaty  to  aid  in  the  construction  of 
said  railroad,  the  said  one  hundred  thousand  acres  to  be  the 
lands  designated  in  the  letter  of  the  Commissioner  of  Indian 
Affairs  to  the  Secretary  of  the  Interior,  dated  May  29,  1861  ; 
said  mortgage  to  be  conditioned  for  the  full  payment  of  said 
bonds,  both  as  to  interest  and  principal ;  and  that  on  any  failure 
to  pay  either  when  due  all  right  and  interest  of  said  railroad 
company  in  and  to  said  mortgaged  land,  and  also  to  all  such  of 
said  land  not  mortgaged  as.  shall  not  at  that  time  be  earned  and 
patented  according  to  said  treaty,  shall  be  forfeited,  and  said 
laud  again  become  the  absolute  property  of  the  United  States 
in  trust  for  said  Indians;  and  said  mortgaged  lauds  to  be  in  no 
event  patented  to  said  until  said  bonds,  principal  and  in 

terest,  shall  be  fully  paid.  And  upon  said  bonds  being  so  made 
and  deposited,  and  said  mortgage  being  so  executed  and  daly 
recorded  in  Leavenworth  County,  Kansas,  all  matters,  so  far  as 
not  necessarily  varied  by  this  arrangement,  shall  proceed  in 
conformity  to  said  treaty,  as  if  the  money  had  been  paid  by  said 
railroad  company,  and  had  been  invested  by  the  President  in 
said  railroad  bonds:  Provided  always,  That  this  arrangement 
shall  be  of  no  effect  until  Archibald  Williams,  judge  of  the 
United  States  court  for  the  district  of  Kansas,  shall  have  en 
dorsed  a  certificate  upon  this  paper  that  he  has  carefully  exam 
ined  the  same,  and  also  the  bonds  and  mortgage  ottered  in  com 
pliance  with  its  provisions,  and  has  found  that  bonds  and  mort 
gage  do  in  fact  comply  with  and  fulfil  said  provisions;  and  also 


360 

16078  that  he  has  had  before  him  the  chiefs  auci  head-men  named  in 

16079  said  treaty,  as  John  Connor,   Sar-cox-ie,   Ne-con-he-con,   and 

16080  Kock-a-to-wha,  and  has  fully  explained  to  them  the  nature  and 
1608 L  effect  of  this  departure  from  the  terms  of  said  treaty,  and  that 

16082  they  freely  assented  to  the  same. 

16083  ABRAHAM  LINCOLN. 

16081  JUNE  10,  1861. 

16085  Form-  of  Bond 

16086  $10,000.  No.  1. 

16087  Know  all  men  by  these  presents :    That  the  Lea  veil  worth, 

16088  Pawnee  and  Western  Eailroad  Company  is  held  and  bound  to 

16089  the  United  States,  as  trustee  for  the  Delaware  tribe  of  Indians, 
J6090  in  the  sum  of  ten  thousand  dollars,  to  be  paid  to  the  Couimis- 

16091  sioner  of  ludian  Affairs,  or  bearer,  at  the  office  of  the  assistant 

16092  treasurer  of  the  United  States,  in  the  city  of  New  York,  in  ten 

16093  years  from  the  date  hereof,  on  the  surrender  of  this  bond,  with  in- 

16094  tereston  said  sum  from  the  same  date,  at  six  per  cent,  per  annum, 

16095  payable  anuuall3T  at  the  same  office,  on  the  surrender,  as  they 

16096  severally  fall  due,  of  the  annexed  interest-warrants.     This  bond 

16097  being  one  of  twenty -nine  bonds  for  sums  amounting1  in  the 

16098  aggregate  to  $290,560,  the  payment  of  which,  with  the  interest - 

16099  warrants  attached,  is  secured  by  mortgage  of  even  date  here- 

16100  with  on  one  hundred  thousand  acres  of  the  land  acquired  by 

16101  said  company,  under  the  conditions  and  provisions  of  the  treaty 

16102  between  the  United  States  and  the  Delaware  tribe  of  Indians  of 

16103  May  30,  1860. 

16101  In  witness  whereof  the  Leaven  worth,  Pawnee  and  Western 

16105  Eailroad  Company,  by  Thomas  Ewiug,  jr.,  their  agent,  have 

16106  signed  this  obligation,  and  have  attached  thereto  their  corporate 

16107  seal  this  14th  day  of  May,  1861. 

16108  The   Leavenworth,   Pawnee   and   Western   Kailroad   Com- 

16109  pany  by 

16110  [SEAL.]  THOMAS  E WING,  Jr., 

16111  Iheir  Agent. 

16112  Form  of  Warrant. 

16113  The  Leavenworth,  Pawnee  and  Western  Eailroad  Company 

16114  promises  to  pay  to  the  Commissioner  of  Indian  Affairs  of  the 

16115  United  States  or  bearer,  on  the  14th  day  of  May,  1862,  at  the 

16116  office   of  the  assistant  treasurer  of  the  United  States,  in  the 

16117  city  of  New  York,  six  hundred  dollars,  interest  due  that  day  on 

16118  their  bond  No.  1. 

16119  The  Leaveiiworth,  Pawnee  and   Western  Kailroad  Com 

16120  pany,  by 

16121  THOMAS  EW1NG,  Jr., 

16122  Their  Agent. 


361 


16123 
16124 
16125 
16126 
16127 
16128 
16129 
16130 
16131 
16132 
16133 
16134 

16135 
16136 
16137 
16138 
16139 
16140 
16141 
16142 
16143 
16144 
16145 
16146 
16147 
16148 
16149 
16150 
16151 
16152 
16153 
16154 
1G155 
16156 
16157 
16158 
16159 

16160 
16161 
16162 
16163 
16164 
16165 
16166 
16167 


OFFICE  OF  KEGISTER  OF  DEEDS, 

County  of  Leavenworth,  State  of  Kama*,  M  : 
I,  W.  S.  Van  Doren,  register  of  deeds  within  and  for  the 
county  aforesaid,  do  hereby  certify  that  the  within  and  forego 
ing  instruments  of  writing  were  received  by  me  for  record  this 
second  day  of  July,  A.  I).  1861,  at  3J  o'clock  p.  m.,  and  that 
the  same  are  duly  recorded  in  Book  P,  for  recording  mortgages, 
at  page  230,  &c. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  of 
ficial  seal  of  office,  the  day  and  year  aforesaid. 

[SEAL.]  W.  S.  VAN  DOREN, 

Register  of  Deeds. 

I,  Archibald  Williams,  judge  of  the  United  States  court  for 
the  district  of  Kansas,  do  hereby  certify  that  1  have  carefully 
examined  the  within  paper  signed  by  the  President  of  the 
United  [States,]  and  have  also  examined  and  approved  the 
bonds  and  mortgage  offered  by  the  Leavenworth,  Pawnee  and 
Western  Railroad  Company  in  compliance  with  its  provisions, 
and  have  accepted  said  bonds  and  mortgage,  and  receipted  to 
said  company  for  the  same,  as  agent  of  the  United  States,  and 
caused  said  mortgage  to  be  duly  recorded  in  the  office  of  the 
recorder  of  deeds  for  Leavenworth  County,  Kansas. 

And  I  do  further  certify  that  I  have  had  before  me  the 
chiefs  and  head  men  therein  named,  as  John  Connor,  Sar-cox-ie, 
and  Ne-cou-he-con,  and  also  James  Connor,  who  was  the  dele 
gate  at  large  of  said  tribe,  in  making  the  treaty  of  1860,  and 
read  to  them  the  said  paper  signed  by  the  President,  and  fully 
explained  to  them  the  nature  and  effect  of  the  proposition  set 
forth  in  said  paper ;  and  that,  after  they  had  fully  discussed 
the  proposition,  John  Connor,  in  English,  and  James  Connor, 
Sar-cox-ie,  and  Ne-con-he-con,  through  the  said  John  Connor 
and  other  interpreters,  declared  that  they  understood  it  thor 
oughly,  and  each  freely  assented  to  the  same;  and  that  evidence 
has  been  presented  to  me  by  John  Connor  and  other  chiefs  of 
said  tribe,  by  which  I  am  satisfied  that  Eock-a-to-wha  died  sev 
eral  months  ago,  and  that  no  chief  has  been  appointed  in  his 
place. 

This  treaty  shall  not  beheld  to  apply  to  any  lands  not  here 
tofore  surveyed  and  appraised,  and  not  included  within  the 
limits  of  said  reserve,  nor  any  lands  included  in  any  fort  or  res 
ervation  for  military  purposes : 

If  twenty-five   miles  of  said   railroad,  from    Leavenworth 

City  westwardly,  is  not  completed  and   equipped  within  Jive 

years  from  the  ratification  hereof,  said  company  shall  thereupon 

forfeit  all  right,  title,  and  interest,  legal  and  equitable,  in  and  to 

46  I  T 


362 

16168  all  and  every  part  of  said  lands ;  and  if  the  remaining  section  to 

16169  the  western  boundary  of  the  said  reserve  be  not  completed  and 

16170  equipped  within  three  years  from  the  date  fixed  for  the  comple- 

16171  tion  of  said  first  section,  said  company  shall  thereupon  forfeit 

16172  all  right,  title,  and  interest,  legal  and  equitable,  in  and  to  all  of 

16173  said  lauds  not  theretofore  earned  and  patented. 

16174  In  the  event  of  a  failure  of  the  said  railroad  company  to 

16175  pay  the  annual  interest  accruing  upon  the  bonds,  secured  as 

16176  above,  within  thirty  days  after  the  same  falls  due  at  the  end  of 

16177  any  year,  then  and  in  such  case  the  contract  included  in  this 

16178  treaty  shall  be  rescinded,  and  shall  be  of  no  binding  efficacy 

16179  upon  either  party  thereto. 

16180  No  part  of  said  lands  shall  be  patented  to  said  railroad 

16181  company  until  the  money-price  for  such  part  shall  have  been  fully 

16182  paid  therefor. 

16183  Proclaimed  October  4,  1861. 

16184  Treaty  between  the  United  States  of  America  and  the  Delaware 

16185  Tribe  of   Indians ;    concluded  July   4,   1866  ;    ratification 

16186  advised  July  26.  1866. 

16187  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

16188  to  all  and  singular  to  whom  these  presents  shall  come, 

16189  greeting : 

16190  Whereas  a  treaty  was  made  and  concluded  at  the  Delaware 

16191  Agency,  Kansas,  on  the  fourth  of  July,  in  the  year  of  our  Lord 

16192  one  thousand  eight  hundred  and  sixty-six,  by  and   between 

16193  Thomas  Murphy,  John  G.  Pratt,  and  William  H.  Watson,  com- 

16194  missiouers,  on  the  part  of  the  United  States,  and  Captain  John 

16195  Connor,   Captain    Sarcoxie,   Charles    Jourueycake,   and   other 

16196  chiefs,  and  councillors  of  the  Delaware  tribe  of  Indians,  on  the 

16197  part  of  said  tribe  of  Indians,  and  duly  authorized  thereto  by 

16198  them,  which  treaty  is  in  the  words  and  figures  following,  to 

16199  wit : 

16200  Articles  of  agreement  between  the  United  States  and  the  chiefs 

16201  and  councillors  of  the  Delaware  Indians,  on  behalf  of  said 

16202  tribe,  made  at  the  Delaware  Agency,  Kansas,  on  the  fourth 

16203  day  of  July,  eighteen  hundred  and  sixty-six. 

16204  Whereas  Congress  has  by  law  made  it  the  duty  of  the  Pres- 

16205  ident  of  the  United  States  to  provide  by  treaty  for  the  removal 

16206  of  the  Indian  tribes  from  the  State  of  Kansas  ;  and 

16207  Whereas  the  Delaware  Indians  have  expressed  a  wish  to 

16208  remove  from  their  present  reservation  in  said  State  to  the  Indian 

16209  country,  located  between  the  States  of  Kansas  and  Texas;  and 

16210  Whereas  the  United  States  have,  by  treaties  negotiated 

16211  with  the  Choctaws  and  Chickasaws,  with  the  Creeks,  and  with 


363 

16212  the  Seminoles,  Indian  tribes  residing  in  said  Indian  country, 

16213  acquired  the  right  to  locate  other  Indian  tribes  within  the  limits 

16214  of  the  same  $  and 

16215  Whereas  the  Missouri  River  Railroad  Company,  a  corpora- 

16216  tion  existing  in  the  State  of  Kansas  by  the  laws  thereof — and 

16217  which  company  has  built  a  railroad  connecting  with  the  Pacific 

16218  Railroad,  from  near  the  mouth  of  the  Kaw  River  to  Leaven  worth, 

16219  in  aid  of  which  road  the  Delawares,  by  treaty  in  eighteen  hun- 

16220  dred  and  sixty-four,  agreed  to  dispose  of  their  lands — has  ex- 

16221  pressed  a  desire  to  purchase  the  present  Delaware  Indian  reser- 

16222  vation  in  the  said  State,  in  a  body,  at  a  fair  price  : 

16223  It  is  hereby  agreed  between  Thomas  Murphy,  superintend- 

16224  ent  of  Indian  affairs,  John  G.  Pratt,  agent  for  the  Delawares, 

16225  and  William  H.  Watson,  special  commissioner,  who  are  duly  ap- 

16226  pointed  to  act  for  the  United  States ;  and  Captain  John  Connor, 

16227  Captain  Sarcoxie,  and  Charles  Journeycake,  chiefs,  and  James 

16228  Ketchum,  James  Connor,  Andrew  Miller,  and  John  Sarcoxie, 

16229  councillors,  duly  appointed  and  authorized  by  said  Delaware  In- 

16230  diaus  to  act  for  them  and  in  their  behalf,  viz  : 

16231  ARTICLE  1.  That  the  United  States  shall  secure  and  cause 

16232  to  be  paid  to  said  Indians  the  full  value  of  all  that  part  of  their 

16233  reservation,  with  the  improvements  then  existing  on  the  same, 

16234  heretofore  sold  to  the  Leaven  worth,  Pawnee,  and  Western  Rail- 

16235  road  Company,  according  to  the  terms  of  a  treaty  ratified  August 

16236  twenty-second,  eighteen  hundred  and  sixty,  and  supplemental 

16237  treaties,  and  in  accordance  with  the  conditions,  restrictions,  and 

16238  limitations  thereof. 

16239  ARTICLE  2.  That  the  Secretary  of  the  Interior  shall  be,  and 

16240  he  is,  authorized  to  sell  to  said  Misssouri  River  Railroad  Company, 

16241  or  to  other  responsible  party  or  parties,  in  a  body,  all  the  remain- 

16242  ing  part  of  said  reservation,  being  the  lands  conveyed  to  said 

16243  Delaware  Indians  in  pursuance  of  the  provisions  of  the  supple- 

16244  mental  treaty  of  September  twenty-fourth,  eighteen  hundred 

16245  and  twenty-nine,  and  all  other  lauds  owned  by  the  said  tribe  in 

16246  the  State  of  Kansas  not  previously  disposed  of,  except  as  herein- 

16247  after  provided,  for  a  price  not  less  than  two  dollars  and  fifty 

16248  cents  per  acre,  exclusive  of  improvements. 

16249  ARTICLE  3.  It  shall  be  the  duty  of  the  Secretary  of  the  In- 

16250  terior  to  give  each  of  all  the  adult  Delaware  Indians  who  have 

16251  received  their  proportion  of  land  in  several ty  an  opportunity,  free 

16252  from  all  restraint,  to  elect  whether  they  will  dissolve  their  rela- 

16253  tions  with  their  tribe  and  become  citizens  of  the  United  States ; 

16254  and  the  lands  of  all  such  Indians  as  may  elect  so  to  become 

16255  citizens,  together  with  those  of  their  minor  children,  held  by 

16256  them  in  severalty,  shall  be  reserved  from  the  sale  hereinbefore 

16257  provided  for,    And  the  Secretary  of  the  Interior  shall  cause  any 


364 

16258  and  all  improvements  made  on  any  of  the  said  lands,  the  sale  of 

16259  which  is  provided  for,  whether  held  in  common  or  in  severalty, 

16260  to  be  appraised,  and  the  value  thereof  added  to  the  price  of  said 

16261  lauds,  to  be  paid  for  when  payment  is  made  for  the  lands  upon 

16262  which   said  improvements  exist;  and  the   money  received  for 

16263  the  improvements  on  the  land  of  each  Indian  held  in  severalty 

16264  shall  be  paid  to  him  at  any  time  after  its  payment  to  the  Secre- 

16265  tary  of  the  Interior,  when  the  Department  shall  be  notified  that 

16266  said  Indian  is  ready  to  remove  to  the  Indian  country,  to  provide 

16267  for  his  removal  to,  and  to  enable  him  to  make  improvements  on, 

16268  his  new  home  therein  :   Provided,  That  whenever  it  shall  be  as- 

16269  certaiued  under  the  registry  above  provided  for  what  lands  will 

16270  be  vacated,  there  shall  be  set  apart  from  the  lands  held  in  com- 

16271  mon,  for  each  child  of  Delaware  blood,  born  since  the  allotment 

16272  of  land  to  said  tribe  in  severalty  was  made  under  previous 

16273  treaties,  a  quantity  of  land  equal  to  the  amount  to  which  they 

16274  would  have  been  entitled  had  they  been  born  before  said  allotment, 

16275  provided  that  selections  for  children  belonging  to  families  whose 

16276  head  may  elect  to  remain  may  be  made  from  lands  which  are  to 

16277  be  vacated  by  those  who  elect  to  remove:  And  provided  further, 

16278  That  in  case  there  shall  be  improvements  upon  any  heretofore 

16279  allotted  lauds,  so  selected  for  children  of  the  Delawares,  pay- 

16280  men t  shall  be  made  for  such  improvements,  at  their  appraised 
1628L  value,  by  the  parents  or  guardians  of  said  children,  at  the  same 

16282  time  as  if  the  said  lands  had  been  sold  to  the  railroad  company 

16283  or  other  parties. 

16284  ARTICLE  4.  The  United  States  agree  to  sell  to  the  said 

16285  Delaware  Indians  a  tract  of  land  ceded  to  the  Government  by 

16286  the  Choctaws  and  Chickasaws,  the  Creeks,  or  the  Seminoles,  or 

16287  which  may  be  ceded  by  the  Cherokees  in  the  Indian  country, 

16288  to  be  selected  b}7  the  Delawares  in  one  body  in  as  compact  a 

16289  form  as  practicable,  so  as  to  contain  timber,  water,  and  agricul- 

16290  tural  lands,  to  contain  in  the  aggregate,  if  the  said  Delaware 

16291  Indians  shall  so  desire,  a  quantity  equal  to  one  hundred  and 

16292  sixty  (160)  acres  for  each  man,  woman,  and  child  who  shall  re- 

16293  move  to  said  country,  at  the  price  per  acre  paid  by  the  United 

16294  States  for  the  said  lands,  to  be  paid  for  by  the  Delawares  out  of 

16295  the  proceeds  of  sales  of  lands  in  Kansas,  heretofore  provided  for. 

16296  The  said  tract  of  country  shall  be  set  oft  with  clearly  and  per- 

16297  manently  marked  boundaries  by  the  United  States ;  and  also 

16298  surveyed  as  public  lands  are  surveyed,  when  the  Delaware 

16299  council  shall  so  request,  when  the  same  may,  in  whole  or  in 

16300  part,  be  allotted  by  said  council  to  each  member  of  said  tribe 

16301  residing  in  said  country,  said  allotment  being  subject  to  the 

16302  approval  of  the  Secretary  of  the  Interior. 

16303  ARTICLE  5.  The  United  States  guarantee  to  the  said  Dela- 


365 

16304  wares  peaceable  possession  of  their  new  home  herein  provided 

16305  to  be  selected  for  them  in  the  Indian  country,  and  protection 

16306  from  hostile  Indians  and  internal  strife  and  civil  war,  and  a 

16307  full  and  just  participation  in  any  general  council  or  territoral 

16308  government  that  may  be  established  for  the  nations  and  tribes 

16309  residing  in  said  Indian  country. 

16310  ARTICLE  6.  It  is  agreed  that  the  proceeds  of  the  sale  of  tha 

16311  Delaware  lands  herein  provided  for  shall  be  paid  to  said  Indians 

16312  in  the  manner  following,  to  wit:  Whenever  the  Department  of 

16313  the  Interior  shall  be  notified  by  the  council,  through  the  agent, 

16314  that  any  of  the  Delawares  who  hold  land  in  severalty  are  ready 

16315  to  remove,  at  the  same  time  describing  their  allotments,  there 

16316  shall  be  paid  to  each  such  person  the  value  of  his  allotment, 

16317  and  that  of  his  family,  to  enable  him  to  remove  to  and  improve 

16318  his  new  home,  provided  the  money  for  the  said  allotment  shall 

16319  have  been  paid  to  the  Secretary  of  the  Interior ;  and  while  said 

16320  money,  or  any  part  thereof,  shall  remain  in  the  Treasury  of  the 

16321  United  States,  the  Delawares  shall  be  entitled  to  receive  interest 

16322  on  the  amount  so  retained,  at  the  rate  of  five  (5)  per  cent,  per 

16323  annum.     And  the  residue  of  the  proceeds  of  the  sale  of  the  Del- 

16324  aware  lauds,  being  those  which  have  not  been  allotted,  or  which 

16325  have  once  been  allotted,  but  have  been  abandoned  by  the  allot- 

16326  tees,  shall  be  added  to  the  general  fund  of  the  Delawares,  in- 

16327  terest  thereon  to  be  paid  to  the  Indians  in  the  same  manner  as 

16328  is  now  provided  in  regard  to  that  fund. 

16329  ARTICLE  7.    Within  thirty  days  after  the  ratification  of 

16330  this  treaty  it  shall  be  the  duty  of  the  Secretary  of  the  Interior 

16331  to  give  the  said  Missouri  River  Kailroad  Company  notice  that 

16332  he  is  authorized  to  contract  with  them  or  other  responsible 

16333  party  or  parties  for  the  sale  of  said  lands  on  the  terms  specified 

16334  in   this  treaty,   indicating  the  approximate  quantity  thereof; 

16335  and  within  twenty  days  after  receiving  said   notice  at  their 

16336  usual  place  of  doing  business  in  the  State  of  Kansas  it  shall  be 

16337  competent  for  said  company  to  elect  to  make  the  purchase,  by 

16338  filing  with  the  said  secretary  their  bond,  with  approved  secur- 

16339  ity,  in  double  the  amount  proposed  to  be  paid  by  them  for  the 

16340  whole  of  said  lands,  guaranteeing  that  they  will  purchase  all  of 

16341  the  lands  to  be  sold  under  the  provisions  of  this  treaty,  and 

16342  that  they  will  pay  for  them  in  accordance  with  the  terms  there- 

16343  of.     And  upon  the  filing  of  a  satisfactory  bond  as  above  pro- 

16344  vided  by  said  company,  the  contract  for  such  purchase  shall  be 

16345  concluded  by  the  said  secretary  with  said  Missouri  River  Rail- 

16346  road  Company,  at  not  less  than  two  dollars  and  fifty  cents  per 

16347  acre  for  the  whole  of  the  lands  herein  provided  to  be  sold  :  Pro- 

16348  vided,  however,  That  if  said  railroad  company  shall  not  within 

16349  the  twenty  days  above  limited  file  its  bond  for  the  purchase  as 


366 

16350  herein  prescribed,  the  Secretary  of  the  Interior  may  at  the  ex- 

16351  piration  of  that  time  accept  any  offer  for  the  whole  of  said  lands 

16352  in  one  body,  at  not  less  than  two  dollars  and  fifty  cents  per 

16353  acre,  from  any  other  responsible  parties ;  but  no  offer  shall  be 

16354  considered  from  other  parties  than  said  Missouri  River  Railroad 

16355  Company,  unless  accompanied  by  a  certificate  of  deposit  in  the 

16356  First  National  Bunk  of  the  city  of  Washington,  D.  0.,  to  the 

16357  credit  of  the  said  secretary,  for  an  amount  equal  to  ten  per 

16358  cent,  of  the  aggregate  value- of  the  land  at  the  price  proposed, 

16359  to  be  forfeited  for  the  use  of  the  Dela wares  if  the  sale  should 

16360  be  awarded  to  said  person  or  corporation  so  proposing  to  pur- 

16361  chase  the  lands,  arid  said  party  should  fail  to  make  payment  as 

16362  hereinafter  provided. 

16363  ARTICLE  8.  That  within  sixty  days  after  the  sale  of  said 

16364  land  shall  have  been  effected,  the  purchaser  shall  pay  to  the  said 

16365  Secretary,  in  trust  for  the  Delawares,  the  stipulated  price  of  said 

16366  unallotted  lands,  with  the  appraised  value  of  improvements  there- 

16367  on,  excepting  therefrom  the  mill  reservation  and  the  quarter  sec- 

16368  tions  upon  which  the  council-house  and  blacksmith-shops  are 

16369  built,  the  use  of  which  shall  be  retained  until  the  final  removal 

16370  of  the  Delawares,  and  for  which  payment  shall  not  be  required 

16371  from  the  purchaser  until  possession  is  delivered,  and  from  time 

16372  to  time  thereafter  as  often  as  the  Secretary  of  the  Interior  shall 

16373  notify  the  said  purchaser  that  ten  thousand  acres  or  more  of  said 

16374  lands  have  been  vacated  by  said  Indians  within  three  months 

16375  thereafter,  said  purchaser  shall  pay  to  the  Secretary  of  the  In- 

16376  terior,  in  trust  for  the  said  Indians,  the  stipulated  price  for  said 

16377  lands,  with  the  appraised  value  of  the  improvements,  and  so  on, 

16378  until  all  are  paid  for,  according  to  the  true  intent  and  meaning 

16379  hereof;  and  as  said  lands  shall  be  paid  for,  patents  therefor,  con- 

16380  veying  the  same  in  fee-simple,  shall  be  from  time  to  time  issued 

16381  to  said  purchaser,  or  to  his  or  its  assigns,  by  the  President  of  the 

16382  United  States. 

16383  ARTICLE  9.  It  is  also  stipulated  that  the  Secretary  of  the 

16384  Interior  shall  cause  a  registry  to  be  made  of  the  names  of  all 

16385  of  said  Delawares  who  have  elected  to  dissolve  their  tribal  re- 

16386  lations  and  to  become  citizens  of  the  United  States,  as  provided 

16387  in  this  treaty,  with  the  names,  ages,  and  sex  of  the  members  of 

16388  the  family  of  each  of  said   Delawares,  and  present  a  certified 

16389  copy  of  the  same  to  the  judge  of  the  district  court  of  the  United 

16390  States  for  the  district  of  Kansas,  and  cause  a  copy  to  be  filed  in 

16391  the  office  of  the  Commissioner  of  Indian  Affairs,  after  which  any 

16392  of  said  Delawares,  being  adults,  may  appear  before  the  said 

16393  judge  in  open  court,  and  make  the  same  proof  and  take  the  same 

16394  oath  of  allegiance  as  is  provided  by  law  for  the  naturalization  of 

16395  aliens,  and  also  make  proof,  to  the  satisfaction  of  said  court,  that 


367 


16390 

16397 

16398 

16399 

16400 

16401 

16402 

16403 

16404 

16405 

16406 

16407 

1640S 

16409 

16410 

16411 

16412 

16413 

16414 

16415 

16416 

16417 

16418 

16419 

16420 

16421 

16422 

16423 

16424 

16425 

16426 

16427 

16428 

16429 

16430 

16431 

16432 

16433 

16434 

16435 

16436 

16437 

16438 

16439 

16440 

16441 


he  is  sufficiently  intelligent  and  prudent  to  control  his  own  affairs 
and  interests,  that'he  has  adopted  the  habits  of  civilized  life,  and 
has  been  able  to  support,  for  at  least  five  years,  himself  and  fam 
ily,  when  he  shall  receive  a  certificate  of  the  same  under  the  seal 
of  the  said  court;  and  on  the  filing  of  the  said  certificate  in  the 
office  of  the  Commissioner  of  Indian  Affairs,  the  said  Delaware 
Indian  shall  be  constituted  a  citizen  of  the  United  States,  and 
be  entitled  to  receive  a  patent,  in  fee  simple,  with  power  of  alien 
ation,  for  the  land  heretofore  allotted  him,  and  his  just  propor 
tion,  in  cash  or  in  bonds,  of  the  cash  value  of  the  credits  of  said 
tribe,  principal  and  interest,  then  held  in  trust  by  the  United 
States,  and  also,  as  the  same  may  be  received,  his  proportion  of 
the  proceeds  of  the  sale  of  lands  under  the  provisions  of  this 
treaty,  when  he  shall  cease  to  be  a  member  of  said  tribe.  Where 
upon  all  of  the  minor  children  of  those  who  have  become  citi 
zens  shall  be  construed  to  have  elected  to  sever  their  connection 
with  said  tribe  for  the  time  being,  and  be  entitled  to  their  just 
proportion  of  the  annuities  of  the  tribe,  to  be  paid  to  the  head 
of  the  family,  to  be  expended  for  their  support  and  education 
until  they  shall  attain  the  age  of  twenty-one  years,  after  which 
each  shall  elect  to  remove  to  his  tribe,  or  to  become  a  citizen  of 
the  United  States,  as  hereinbefore  provided,  and  if  thus  admitted 
to  citizenship,  shall  be  entitled  to  all  the  privileges  and  interests 
herein  provided  for  the  head  of  the  family.  Should  any  minor 
as  aforesaid,  arriving  at  the  age  of  twenty-one  years,  and  elect 
ing  to  become  a  citizen  of  the  United  States,  or  any  adult  In 
dian  having  so  elected,  fail  to  be  admitted,  he  shall  not  be  com 
pelled  to  remove,  but  the  Secretary  of  the  Interior  shall  provide 
proper  guardianship  for  the  protection  of  his  rights  and  interests 
and  those  of  his  family.  There  shall  be  granted  to  each  of  the 
Delawares  who  have  thus  become  citizens  a  patent,  in  fee-simple, 
for  the  lands  heretofore  allotted  to  them,  and,  if  they  do  not  re 
move  with  the  nation,  their  pro  rata  share  of  all  annuities  and 
trust-property  held  by  the  United  States  for  them,  the  division 
to  be  made  under  the  direction  of  the  President  of  the  United 
States,  after  which  such  persons  shall  cease  to  be  members  of 
the  Delaware  tribe,  and  shall  not  further  participate  in  their 
councils,  nor  share  in  their  property  or  annuities. 

ARTICLE  10.  It  is  further  agreed  that  the  funds  of  the  Del 
awares  shall  never  be  applied  by  the  Government  to  the  pay 
ment  of  the  debt  or  debts  of  any  individual  member  or  members 
of  the  nation  ;  nor  shall  any  person  be  licensed  to  trade  with  the 
Delawares  without  the  consent  of  the  chiefs  and  council  5  and 
the  salaries  of  the  chiefs  shall  henceforward  be  four  hundred 
dollars  per  annum. 

ARTICLE  11.  The  Delawares  acknowledge  their  dependence 


368 

16442  upon  the  United  States,  and  again  renew  their  pledges  of  devo- 

16443  tion  to  the  Government  thereof,  and  ask  its  protection  ;  and  the 

16444  United  States  agree  to  protect,  preserve,  and  defend  them  in  all 

16445  their  just  rights. 

16446  ARTICLE  12.  It  is  also  agreed  that  if  the  said  Secretary  should 

16447  not  be  able  to  sell  the  said  lands  as  hereinbefore  provided,  he 

16448  may  cause  the  same  to  be  appraised,  in  separate  tracts,  at  their 

16449  fair  cash  value,  no  tract  to  be  valued  at  less  than  two  dollars  and 

16450  fifty  cents  per  acre,  and  the  same,  when  appraised,  may  be  sold 

16451  at  not  less  than  the  appraised  value,  and  for  as  much  more  as 

16452  the  same  will  bring,  and  the  money  arising  from  the  sale  to  be 

16453  applied  and  distributed  as  hereinbefore  provided. 

16454  ARTICLE  13.  It  is  agreed  by  the  Dela wares  that  railroad 

16455  companies  engaged   in   building  roads  whose  routes  shall  lie 

16456  through  their  new  reservation  in  the  Indian  country  shall  have 

16457  a  right  of  way  through  and  over  said  lauds,  not  exceeding  two 

16458  hundred  feet  in  width  for  any  such  road,  and  also  the  right  to 

16459  enter  on  all  lands  and  take  and  use  such  gravel,  stone,  and  other 

16460  material,  except  timber,  as  may  be  necessary  for  the  construction 

16461  of  such  roads,  compensation  to  be  made  for  any  damages  done 

16462  in  obtaining  such  material,  and  for  any  damages  arising  from 

16463  the  location  or  running  of  such  roads  to  improvements  which 

16464  shall  have  been  made  before  such  road  shall  have  been  located, 

16465  such  damages  to  be  ascertained  under  regulations  to  be  pre- 
16466  scribed  by  the  Secretary  of  the  Interior. 

16467  ARTICLE  14.  The  United  States  further  agree  that,  in  accord- 

16468  auce  with  the  general  provisions  of  the  sixth  article  of  the  Del- 

16469  aware  treaty  of  May  thirty,  eighteen  hundred  and  sixty,  which 

16470  have  not  yet  been  fulfilled,  there  shall  be  credited  to  the  Dela- 

16471  wares,  in  the  purchase  of  their  new  reservation  in  the  Indian 

16472  country,  the  sum  of  thirty  thousand  dollars,  which  credit  by  the 

16473  United  States  shall  be  received  by  the  Dela  wares  as  a  full  settle- 

16474  ment  of  all  claims  against  the  Government  for  depredations 

16475  upon  timber  totthe  date  of  the  signing  of  this  treaty;  and  the 

16476  Delawares  shall  receive,  without  cost,  from  the  United  States, 

16477  laud  included  within  their  new  reservation  to  the  amount  of 

16478  twenty-three  sections,  in  place  of  the  twenty-three  sections  of 

16479  half-breed  Kaw  lands  referred  to  in  said  sixth  section  of  the 

16480  treaty  of  eighteen  hundred  and  sixty ;  and  inasmuch  as  the  Del- 

16481  awares  claim  that  a  large  amount  of  stock  has  been  stolen  from 

16482  them  by  whites  since  the  treaty  of  eighteen  hundred  and  fifty  - 

16483  four,  the  United  States  agree  to  have  a  careful  examination  of 

16484  such  claims  made,  under  the  direction  of  the  Secretary  of  the 

16485  Interior,  and  when  the  value  of  such  stolen  stock  shall  have 

16486  been  ascertained,  the  same  shall  be  reported  to  Congress,  with  a 

16487  recommendation  for  an  appropriation  to  pay  for  the  same;  and 


369 

16488  all  moneys  appropriated  for  such  purpose  shall  be  paid  to  the 

16489  owners  of  said  stock. 

16490  ARTICLE  15.  It  is  also  agreed  by  the  contracting  parties 

16491  that  nothing  contained  in  this  treaty  shall  be  so  construed  as  to 

16492  require  the  Delawares  to  remove  from  their  present  homes  until 
1649.3  after  they  shall  have  selected  and  received  title  to  lands  for  new 

16494  homes  elsewhere. 

16495  Proclaimed  August  4,  1866. 


16496  DEL  AWAKES  —  BAND    ON    THE    SANDUSKY    RIVER, 

16497  OHIO. 


16198  Articles  of  agreement  made  between  John  WEI  vain,  thereto  specially 

16499  authorized  by  the  President  of  the  United  States,  and  the  band 

16500  of  Delaware  Indians  upon  the  SandusTcy  River,  in  the  State  of 

16501  Ohio,  for  the  cession  of  a  certain  reservation  of  land  in  the 

16502  said  State. 

16503  ARTICLE  1.  The  said  baud  of  Delaware  Indians  cede  to  the 

16504  United  States  the  tract  of  three  miles  square  adjoining  the  Wy- 

16505  andot  reservation  upon  the  Sandusky  River,  reserved  for  their 

16506  use  by  the  treaty  of  the  Rapids  of  the  Maumee,  concluded 

16507  between  the  United  States  and  the  Wyandots,  Seneca,  Dela- 

16508  ware,  Shawanees,  Potawatamies,  Ottawas,  and  Chippiwa  tribes 

16509  of  Indians,  on  the  twenty-ninth  day  of  September,  in  the  year 

16510  of  our  Lord  one  thousand  eight  hundred  and  seventeen,  and  the 

16511  said  tribe  of  Delawares  engage  to  remove  to  and  join  their  nation 

16512  on  the  west  side  of  the  Mississippi,  on  the  land  allotted  to  them, 

16513  on  or  before  the  hrst  day  of  January  next,  at  which  time  peace- 

16514  able  possession  of  said  reservation  is  to  be  given  to  the  United 

16515  States. 

16516  ARTICLE  2.  In  consideration  of  the  stipulations  aforesaid, 

16517  it  is  agreed  that  the  United  States  shall  pay  to  the  said  band 

16518  the  sum  of  three  thousand  dollars;  two  thousand  dollars  in  hand, 

16519  the  receipt  of  which  is  hereby  acknowledged  by  the  undersigned 

16520  chiefs  of  said  tribe,  and  the  remaining  balance  of  one  thousand 

16521  dollars  to  be  appropriated  to  the  purchase  of  horses,  clothing, 

16522  provisions,  and  other  useful  articles,  to  aid  them  on  their  journey 

16523  so  soon  as  they  are  prepared  to  remove. 

16524  Proclaimed  January  2.  1820. 

47  I  T 


370 

16525  DELAWARES,  SHAWANOES,  PUTTAWATTIMIES,  ETC. 

16526  Articles  of  a  treat}/  between  the  United  States  of  America  and  the 

16527  Delawares,  Shwwanoes,  Putawatimies,  Miamies,  Eel  River, 

16528  Weeas,  Kiclcapoos,  Piarikasliaws,  and  KasJcasJcias  Nations  of 

16529  Indians. 

16530  Articles  of  a  treaty  made  at  Fort  Wayne,  on  the  Miami  of  the 

16531  Lake,  between  William  Henry  Harrison,  governor  of  the 

16532  Indiana  Territory,  superintendent  of  Indian  affairs  and  com- 

16533  missioner  plenipotentiary  of  the  United  States  for  conclud- 

16534  ing  any  treaty  or  treaties  which  may  be  found  necessary 

16535  with  any  of  the  Indian  tribes  northwest  of  the  Ohio,  of  the 

16536  one  part,  and  the  tribes  of  Indians  called  the  Dela wares, 

16537  Shawanoes,  Putawatimies,  Miamies,  and  Kickapoos,  by  their 

16538  chiefs  and  head  warriors,  and  those  of  the  Eel  River,  Weeas, 

16539  Piankashaws,  and  Kaskaskias,  by  their  agents  and  repre- 

16540  sentatives  Tuthiuipee,  Winneinac,  Richerville,  and    Little 

16541  Turtle,  (who  are  properly  authorized  by  the  said  tribes,)  of 

16542  the  other  part. 

16543  ARTICLE  1.  Whereas  it  is  declared  by  the  fourth  article  of 

16544  the  treaty  of  Greenville  that  the  United  States  reserve  for  their 

16545  use  the  post  of  St.  Vincennes  and  all  the  lands  adjacent    to 

16546  which  the  Indian  titles  had  been  extinguished :   and  whereas 

16547  it  has  been  found  difficult  to  determine  the  precise  limits  of  the 

16548  said  tract  as  held  by  the  French  and  British  governments : 

16549  It  is  hereby  agreed  that  the  boundaries  of  the  said  tract  shall 

16550  be  as  follow:  Beginning  at  Point  Coupee  on  the  Wabash,  and 

16551  running  thence  by  a  line  north   seventy-eight   degrees,    west 

16552  twelve  miles,  thence  by  a  line  parallel  to  the  general  course  of 

16553  the  Wabash,  until  it  shall  be  intersected  by  a  line  at  right 

16554  angles  to  the  same,  passing  through  the  mouth  of  White  River, 

16555  thence  by  the  last-mentioned  line  across   the   Wabash    and 

16556  towards  the  Ohio  seventy-two  miles,  thence  by   a  line  north 

16557  twelve  degrees  west,  until  it  shall  be  intersected  by  a  line  at 

16558  right  angles  to  the  same,  passing  through  Point  Coupee,  and  by 

16559  the  last-mentioned  line  to  the  place  of  beginning. 

16560  ARTICLE  2.  The  United  States  hereby  relinquish  all  claim 

16561  which  they  may  have  had  to  any  lands  adjoining  to  or  in  the 

16562  neighbourhood  of  the  tract  above  described. 

16563  ARTICLE  3.  As  a  mark  of  their  regard  and  attachment  to 

16564  the  United  States,  whom  they  acknowledge  for  their  only  friends 

16565  and  protectors,  and  for  the  consideration  hereinafter  mentioned, 

16566  the  said  tribes  do  hereby  relinquish  and  cede  to  the  United 

16567  States  the   great  salt  spring  upon  the  Saline  Creek  which  falls 


371 

16568  into  the  Ohio  below  the  inouth  of  the  Wabash,  with  a  quantity 

16569  of  land  surrounding  it,  not  exceeding  four  miles  square,  and 

16570  which  may  be  laid  off  in  a  square  or  oblong  as  the  one  or  the 

16571  other  may  be  found  most  convenient  to  the  United  States.    And 

16572  the  said   United  States  being  desirous  that  the  Indian  tribes 

16573  should  participate  in  the  benefits  to  be  derived  from  the  said 

16574  spring,  hereby  engage  to  deliver  yearly  and  every  year,  for  the 

16575  use  of  the  said  Indians,  a  quantity  of  salt  not  exceeding  one  hun- 

16576  dred  and  fifty  bushels,  and  which  shall  be  divided  among  the 

16577  several  tribes  in  such  manner  as  the  general  council  of  the  chiefs 

16578  may  determine. 

16579  ARTICLE  4.  For  the  considerations  before  mentioned  and 

16580  for  the  convenience  which  the  said  tribes  will  themselves  de- 

16581  rive  from  such  establishments,  it  is  hereby  agreed  that  as  soon 

16582  as  the  tribes  called  the  Kickapoos,  Eel  Eiver,  VYeeas,  Pianka- 

16583  shaws,  and  Kaskaskias  shall  give  their  consent  to  the  measure, 

16584  the  United  States  shall  have  the  right  of  locating  three   tracts 

16585  of  land  (of  such  size  as  may  be  agreed  upon  with  the  last-men- 

16586  tioned  tribes)  on  the  main  road  between  Vincennes  and  Kaskas- 

16587  kias,  and  one  other  between  Yiuceunes  andClarksville,  for  the 

16588  purpose  of  erecting  houses  of  entertainment  for  the  accoinmo- 

16589  dation  of  travellers.    But  it  is  expressly  understood  that  if  the 

16590  said  locations  are  made  on  any  of  the  rivers  which  cross  the  said 

16591  road,   and  ferries   should  be  established  on  the  same,  that  in 

16592  times  of  high  water  any  Indian  or  Indians  belonging  to  either  of 

16593  the  tribes  who  are  parties  to  this  treaty  shall  have  the  privilege 

16594  of  crossing  such  ferry  toll  free. 

16595  ARTICLE  5.  Whereas  there  is  reason  to  believe  that  if  the 

16596  boundary -lines  of  the  tract  described  in  the  first  article  should 
16597-  be  run  in  the  manner  therein  directed,  that  some  of  the  settle- 

16598  meutsaud  locations  of  laud  made  by  the  citizens  of  the  United 

16599  States  will  fall  in  the  Indian  country,  It  is  hereby  agreed  that 

16600  such  alterations  shall  be  made  in  the  direction  of  these  lines  as 

16601  will  include  them  ;  and  a  quantity  of  laud  equal  in  quantity  to 

16602  what  may  be  thus  taken  shall  be  given  to  the  said  tribes  either 

16603  at  the  east  or  west  end  of  the  tract. 

16604  Proclaimed  December  26,  1803. 

16605  DELAWAHES,  POTTAWATIMIES,  MIAMES,  EEL  EIVEK 

16606  AND  WEAS. 

16607  A  treaty  between  the   United  States  of  America  and  the  tribes  of 

16608  Indians  called  the   Delawares,   PoUaicatimieSj   Miames,  Eel 

16609  River,  and  Wcas. 

16610  Articles  of  a  treaty  made  and  entered  into,  at  Grouselaud,  near 

16611  Vincennes,  in  the  Indiana  Territory,  by  and  between  William 


372 

16612  Henry  Harrison,  governor  of  said  Territory,  superintend  ant 

16613  of  Indian  affairs,  and  commissioner  plenipotentiary  of  the 

16614  United  States  for  treating  with  the  northwestern  tribes  of 

16615  Indians,  of  the  one  part,  and  the  tribes  of  Indians  called  the 

16616  Delewares,   Putawatimis,   Miamis,   Eel  Eiver,  and  Weas, 

16617  jointly  and  severally,  by  their  chiefs  and  head-men,  of  the 

16618  other  part. 

16619  ARTICLE  1.  Whereas,  by  the  fourth  article  of  a  treaty  made 

16620  between  the  United  States  and  the  Delaware  tribe,  on  the  eight 

16621  eenth  day  of  August,  eighteen  hundred  and  four,  the  said  United 

16622  States  engaged  to  consider  the  said  Delewares  as  the  proprietors 

16623  of  all  that  tract  of  country  Avhich  is  bounded  by  the  White 

16624  Eiver  on  the  north,  the  Ohio  and  Clark's  grant  on  the  south,  the 

16625  general  boundary-line   running  from  the  mouth  of  Kentucky 

16626  Eiver  on  the  east,  and  the  tract  ceded  by  the  treaty  of  Fort 

16627  Wayne,  and  the  road  leading  to  Clark's  grant,  on  the  west  and 

16628  southwest.     And  whereas  the  Miami  tribes,  from  whom  the  Del- 

16629  awares  derived  their  claim,  contend  that  in  their  cession  of  said 

16630  tract  to  the  Delewares,  it  was  never  their  intention  to  convey  to 

16631  them  the  right  of  the  soil,  but  to  suffer  them  to  occupy  it  as  long 

16632  as  they  thought  proper,  the  said  Delewares  have,  for  the  sake  of 

16633  peace  and  good  neighbourhood,  determined  to  relinquish  their 

16634  claim  to  the  said  tract,  and  do  by  these  presents  release  the 

16635  United  States  from  the  guarantee  made  in  the  before-mentioned 

16636  article  of  the  treaty  of  August,  eighteen  hundred  and  four. 

16637  ARTICLE  2.  The  said  Miami,  Eel  Eiver,  and  Wea  tribes 

16638  cede  and  relinquish  to  the  United  States,  forever,  all  that  tract 

16639  of  country  which  lies  to  the  south  of  a  line  to  be  drawn  from  the 

16640  northeast  corner  of  the  tract  ceded  by  the  treaty  of  Fort  Wayne, 

16641  so  as  to  strike  the  general  boundary-line,  running  from  a. point 

16642  opposite  to  the  mouth  of  the  Kentucky  Eiver,  to  Eort  Eecovery, 

16643  at  the  distance  of  fifty  miles  from  its  commencement  on  the  Ohio 

16644  Eiver. 

16645  ARTICLE  3.  In  consideration  of  the  cession  made  in  the 

16646  preceding  article,  the  United  States  will  give  an  additional  per- 

16647  manent  annuity  to  said  Miamis,  Eel  Eiver,  and  Wea  tribes  in 

16648  the  following  proportions,  viz  :  to  the  Miamis,  six  hundred  dol- 

16649  lars  ;  to  the  Eel  Eiver  tribe,  two  hundred  and  fifty  dollars  ;  to 

16650  the  Weas,  two  hundred  and  fifty  dollars  ;  and  also  to  the  Puta- 

16651  watemies  an  additional  annuity  of  five  hundred  dollars  for  ten 

16652  years,  and  no  longer ;  which,  together  writh  the  sum  of  four 

16653  thousand  dollars  which  is  now  delivered,  the  receipt  whereof 

16654  they  do  hereby  acknowledge,  is  to  be  considered  as  a  full  com- 

16655  pensation  for  the  land  now  ceded. 

16656  ARTICLE  4.  As  the  tribes  which  are  now  called  the  Miamis, 

16657  Eel  Eiver,  and  Weas  were  formerly  and  still  consider  themselves 


373 

16658  as  oiie  nation,  and  as  they  have  determined  that  neither  of  these 

16659  tribes  shall  dispose  of  any  part  of  the  country  which  they  hold 

16660  in  common ,  in  order  to  quiet  their  minds  on  that  head  the 

16661  United  States  do  hereby  engage  to  consider  them  as  joint  owners 

16662  of  all  the  country  on  the  Wabash  and  its  waters  above  the  Vin- 

16663  cenues  tract,  and  which  has  not  been  ceded  to  the  United  States 
16661  by  this  or  any  former  treaty  ;  and  they  do  farther  engage  that 

16665  they  will  not  purchase  any  part  of  the  said  country  without  the 

16666  consent  of  each  of  the  said  tribes  :  Provided  always,  Thatnoth- 

16667  ing  in  this  section  contained  shall  in  any  manner  weaken  or  de- 

16668  stroy  any  claim  which  the  Kickapoos,  who  are  not  represented 

16669  at  this  treaty,  may  have  to  the  country  they  now  occupy  on  the 

16670  Verm  ill  ion  Elver. 

16671  ARTICLE  5.  The  Putawatimies,  Miami,  Eel  Eiver,  and  Wea 

16672  tribes  explicitly  acknowledge  the  right  of  the  Delawares  to  sell 

16673  the  tract  of  land  conveyed  to  the  United  States  by  the  treaty 

16674  of  the  eighteenth  day  of  August,  eighteen  hundred  and  four, 

16675  which  tract  was  given  by  the  Piankashaws  to  the  Delawares  about 

16676  thirty-seven  years  ago. 

36677  ARTICLE  6.  The  annuities  herein  stipulated  to  be  paid  by 

16678  the  United  States  shall  be  delivered  in  the  same  manner  and 

16679  under  the  same  conditions  as  those  which  the  said  tribes  have 

16680  heretofore  received. 

16681  ARTICLE  7.  This  treaty  shall  be  in  force  and  obligatory  on 

16682  the  contracting  parties  as  soon  as  the  same  shall  have  been  rati- 

16683  lied  by  the  President,  by  and  with  the  advice  and  consent  of 
16681  the  Senate  of  the  United  States. 

16685  ADDITIONAL  ARTICLE. 

16686  It  is  the  intention  of  the  contracting  parties  that  the  bound- 

16687  ary-line  herein  directed  to  be  run  from  the  northeast  corner  of 

16688  tbe  Vincennes  tract  to  the  boundary-line  running  from   the 

16689  mouth  of  the  Kentucky  Eiver  shall  not  cross  the  Embarras  or 

16690  Drift  Wood  fork  of  White  Eiver,  but  if  it  should  strike  the  said 
lf»691  fork,  such  an  alteration  in  the  direction  of  the  said  line  is  to  be 

16692  made  as  will  leave  the  whole  of  the  said  fork  in  the  Indian  Ter- 

16693  ritory. 

16694  Proclaimed  April  24,  1806. 


16695  A  treaty  between  the  United  States  of  America  and  tlie  tribes  of 

16696  Indians  called  the  Delawares,  Putawatiinies,  Miamies,  and 

16697  Eel  River  Miamies. 

16698  James  Madison,  President  of  the  United  States,  by  William 

16699  Henry  Harrison,  governor  and  Commander-in-chief  of  the  Indian 

16700  Territory,  superintendent  of  Indian  affairs,  and  commissioner 


374 

16701  plenipotentiary  of  the  United  States  for  treating  with  the  said 

16702  Indian  tribes,  and  the  sachems,  head-men,  and  warriors  of  the 

16703  Delaware,  Putawatame,  Miami,  and  Eel  Eiver  tribes  of  Indians, 

16704  have  agreed  and  concluded  upon  the  following  treaty  ;  which, 

16705  when  ratified  by  the  said  President,  with  the  advice  and  con- 

16706  sent  of  the  Senate  of  the  United  States,  shall  be  binding  on 

16707  said  parties. 

16708  ARTICLE  1.  The  Miami  and  Eel  Eiver  tribes,  and  the  Del- 

16709  awares  and  Putawatimies  as  their  allies,  agree  to  cede  to  the 

16710  United  States  all  that  tract  of  country  which  shall  be  included 
16713  between  the   boundary-line  established  by  the  treaty  of  Fort 

16712  Wayne,  the  Wabash,  and  a  line  to  be  drawn  from  the  mouth  of 

16713  a  creek  called  Eacoon  Creek,  emptying  into  the  Wabash  on  the 

16711  southeast  side,  about  twelve  miles  below  the  mouth  of  the  Yer- 

16715  miliou  Eiver,  so  as  to  strike  the  boundary -line  established  by  the 

16716  treaty  of  Grouseland  at  such  a  distance  from  its  commencement 

16717  at  the  northeast  corner  of  the  Vincennes  tract  as  will  leave  the 

16718  tract  now  ceded  thirty  miles  wide  at  the  narrowest  place.    And 

16719  also  all  that  tract  which  shall  be.included  between  the  following 

16720  boundaries,  viz :   Beginning  at  Fort  Eecovery,  thence   south- 

16721  wardly  along  the  general  boundary -line  established  by  the  treaty 

16722  of  Greenville  to  its  intersection  with  the  boundary-line  estab- 

16723  lished  by  the  treaty  of  Grouseland  ;  thence  along  said  line  to  a 

16724  point  from  which  a  line  drawn  parallel  to  the  first-mentioned 

16725  line  will  be  twelve  miles  distant  from  the  same,  and  along  the 

16726  said  parallel  line  to  its  intersection  with  a  line  to  be  drawn  from 

16727  Fort  Eecovery  parallel  to  the  line  established  by  the  said  treaty 

16728  of  Grouseland. 

16729  ARTICLE  2.  The  Miamies  explicitly  acknowledge  the  equal 

16730  right  of  the  Delawares  with  themselves  to  the  country  watered 

16731  by  the  White  Eiver.     But  it  is  also  to  be  clearly  understood 

16732  that  neither  party  shall  have  the  right  of  disposing  of  the  same 

16733  without  the  consent  of  the  other  ;  and  any  improvements  which 

16734  shall  be  made  on  the  said  land  by  the  Delawares,  or  their  friends 

16735  the  Mochecans,  shall  be  theirs  forever. 

16736  ARTICLE  3.  The  compensation  to  be  given  for  the  cession 

16737  made  in  the  first  article  shall  be  as  follows,  viz :  to  the  Dela- 

16738  wares  a  permanent  annuity  of  five  hundred  dollars  ;  to  the  Mi- 

16739  amies  a  like  annuity  of  five  hundred  dollars  j  to  the  Eel  Eiver 

16740  tribe  a  like  annuity  of  two  hundred  and  fifty  dollars  ;  and  to  the 

16741  Putawatimies  a  like  annuity  of  five  hundred  dollars. 

16742  ARTICLE  4.  All  the  stipulations  made  in  the  treaty  of  Green- 

16743  ville,  relatively  to  the  manner  of  paying  the  annuities,  and  the 

16744  right  of  the  Indians  to  hunt  upon  the  land,  shall  apply  to  the 

16745  annuities  granted  and  the  laud  ceded  by  the  present  treaty. 

16746  ARTICLE  5.  The  consent  of  the  Wea  tribe  shall  be  necessary 


375 

16747  to  complete  the  title  to  the  first  tract  of  land  here  ceded ;  a  sep- 

16748  arate  convention  shall  be  entered  into  between  them  and  the 

16749  United  States,  and  a  reasonable  allowance  of  goods  given  them 

16750  in  hand,  and  a  permanent  annuity,  which  shall  not  be  less  than 

16751  three  hundred  dollars,  settled  upon  them. 

16752  ARTICLE  6.  The  annuities  promised  by  the  third  article, 

16753  and  the  goods  now  delivered  to  the  amount  of  five  thousand  two 

16754  hundred  dollars,  shall  be  considered  as  a  full  compensation  for 

16755  the  cession  made  in  the  first  article. 

16756  ARTICLE  7.  The  tribes  who  are  parties  to  this  treaty  being 

16757  desirous  of  putting  an  end  to  the  depredations  which  are  com- 

16758  mitted  by  abandoned  individuals  of  their  own  color,  upon  the 

16759  cattle,  horses,  &c.,  of  the  more  industrious  and  careful,  agree  to 

16760  adopt  the  following  regulations,  viz:  when  any  theft  or  other 

16761  depredation  shall  be  committed  by  any  individual  or  individuals 

16762  of  one  of  the  tribes  above  mentioned,  upon  the  property  of  any 

16763  individual  or  individuals  of  another  tribe,  the  chiefs  of  the  party 

16764  injured  shall  make  application  to  the  agent  of  the  United  States, 

16765  who  is  charged  with  the  delivery  of  the  annuities  of  the  tribe  to 

16766  which  the  offending  party  belongs,  whose  duty  it  shall  be  to  hear 

16767  the  proofs  and  allegations  on  either  side  and  determine  between 

16768  them ;  and  the  amount  of  his  award  shall  be  immediately  deducted 

16769  from  the  annuity  of  the  tribe  to  which  the  offending  party  bc- 

16770  longs,  and  given  to  the  person  injured,  or  to  the  chief  of  his 

16771  village  for  his  use. 

16772  ARTICLE  8.  The  United  States  agree  to  relinquish  their 

16773  right  to  the  reservation,  at  the  old  Ouroctenon  towns,  made  by 

16774  the  treaty  of  Greenville,  so  far  at  least  as  to  make  no  further 

16775  use  of  it  than  for  the  establishment  of  a  military  post. 

16776  ARTICLE  9.  The  tribes  who  are  parties  to  this  treaty,  being 

16777  desirous  to  show  their  attachment  to  their  brothers  the  Kicka- 

16778  poos,  agree  to  cede  to  the  United  States  the  lauds  on  the  north- 

16779  west  side  of  the  Wabash,  from  the  Vincennes  tract  to  a  uorth- 

16780  wardly  extentiou  of  the  line  running  from  the  mouth  of  the 

16781  aforesaid  Eaccoon  Creek,  and  fifteen  miles  in  width  from  the 

16782  Wabash,  on  condition  that  the  United  States  shall  allow  them 

16783  an  annuity  of  four  hundred  dollars.    But  this  article  is  to  have 

16784  no  effect  unless  the  Kickapoos  will  agree  to  it. 

16785  Proclaimed  January  16,  1810. 


16786  A  separate  article  entered  into  at  Fort  Wayne  on  the  thirtieth  day 

16787  of  September,  in  the  year  of  our  Lord  one  thousand  eight  liun- 

16788  dred  and  nine,  between  William  Henry  Harrison,  commissioner 

16789  plenipotentiary  of  the  United  States  for  treating  with  the  In- 

16790  dian  tribes,  and  the  sachems  and  chief  warriors  of  the  Miami 


376 

16791  and  Eel  River  tribes  of  Indians,  which  is  to  be  considered  as 

16792  forming  part  of  the  treaty  this  day  concluded  between  the  United 

16793  States  and  the  said  tribes,  and  their  allies,  the  Delawares  and 

16794  Putawatimies. 

16795  As  the  greater  part  of  the  lands  ceded  to  the  United  States 

16796  by  the  treaty  this  clay  concluded  was  the  exclusive  property  of 

16797  the  Miami  Nation,  and  guaranteed  to  them  by  the  treaty  of 

16798  Grouseland,  it  is  considered  by  the  said  commissioner  just  and 

16799  reasonable  that  their  request,  to  be  allowed  some  further  and 

16800  additional  compensation,  should  be  complied  with.     It  is  there- 

16801  fore  agreed  that  the  United  States  shall  deliver  for  their  use,  in 

16802  the  course  of  the  next  spring,  at  Fort  Wayne,  domestic  animals 

16803  to  the  amount  of  five  hundred  dollars,  and  the  like  number  for 

16804  the  two  following  years,  and  that  an  armoree  shall  be  also  niain- 

16805  taiued  at  Fort  Wayne  for  the  use  of  the  Indians,  as  heretofore. 

16806  It  is  also  agreed  that  if  the  Kickapoos  confirm  the  ninth  article 

16807  of  the  treaty  to  which  this  is  a  supplement,  the  United  States 

16808  will  allow  to  the  Meamies  a  further  permanent  annuity  of  two 

16809  hundred  dollars,  and  to  the  Wea  and  Eel  Kiver  tribes  a  further 

16810  annuity  of  one  hundred  dollars  each. 

16811  Proclaimed  January  16, 1810. 


16812  DELA WAKES  AND  SHAWNOES. 

16813  Articles  of  a  treaty  made  and  entered  into  at  Castor  If  ill,  in  the 

16814  county  of  St.  Louis,  in  the  State  of  Missouri,  this  twenty -sixth 

16815  day  of  October,  one  thousand  eight  hundred  and  thirty-two,  be- 

16816  ttceen   William  Clark,  Frank  J.  Allen,  and  Nathan   Kouns, 

16817  commissioners  on  the  part  of  the  United  States,  of  the  one  part , 

16818  and  the  chiefs,  warriors,  and  counsellors  of  the  Shawnoes  and 

16819  Delawares,  late  of  Cape  Girardeau,  in  behalf  of  their  respect- 

16820  ire  bands,  of  the  other  part. 

16821  Whereas  parts  of  the  Shawanoe  and  Delaware  Nations  of 

16822  Indians  did  settle  on  lands  near  the  town  of  Cape  Girardeau, 

16823  under  a  permission  from  the  Spanish  government  given  to  said 

16824  Shawanoes  and  Delawares  by  the  Baron  de  Carondelet,  dated 

16825  the  fourth  day  of  January,  one  thousand  seven  hundred  and 

16826  ninety-three,  on  which  lands  the  Delawares  resided  until  the 

16827  year  one  thousand  eight  hundred  and  fifteen,  at  which  period, 

16828  from  various  causes,  it  became  necessary  for  them  to  remove, 

16829  leaving  their  fields  and  improvements  ;  and 

16830  Whereas  lauds  have  been  assigned  to  the  said  tribes  by 

16831  treaties,  viz,   with   the  Shawanoes  of  the  seventh  November, 


377 

10831}  one  thousand  eight  hundred  and  twenty-five,  and  with  the  Del- 

16833  awares  of  the  twenty-fourth   September,  one  thousand    eight 

1(3834  hundred  and  twenty-nine,  in  which  last-named  treaty  no  com- 

16835  peusation  was  made  to  the  Delawares,  late  of  Cape  Girardeau, 

16836  for  their  improvements  or  for  their  loss  of  stock,  &c.,  and  it  be- 

16837  ing  the  desire  of  the  United  States  to  indemnify  the  said  Dela- 

16838  wares  for  all  losses  and  injuries  by  them  sustained  in  conse- 

16839  quence  of  such  removal,  the  following  articles  have  been  agreed 

16840  upon  by  the  contracting  parties  : 

16841  ARTICLE  1.  The  Delawares  and  Shawauoes,  late  of  Cape 

16842  Girardeau,  hereby  cede  and  relinquish  to  the  United  States  all 

16843  their  lands  within   the  State  of  Missouri,  and  also  all  claims 

16844  which  they  may  have  against  the  United  States  for  loss  of 

16845  property  and  for  improvements  which  they  have  made  up  to  the 

16846  present  time. 

16847  ARTICLE  2.  In  consideration  of  the  foregoing  cession  and 

16848  relinquishrneut  the  United  States  agree  to  the  following  stipu- 

16849  latlons  :  There  shall  be  paid  and  delivered  to  said  Delawares  as 

16850  soon  as  possible  after  the  ratification  of  this  treaty,  horned  cat- 

16851  tie,  hogs,  and  other  stock,  to  the  amount  of  two  thousand  dol- 

16852  lars. 

16853  For  assistance  in  breaking  up  ground,  and  enclosing  the 

16854  same,  one  thousand  dollars. 

16855  For  pay  of  a  person  to  attend  their  mill  for  five  years,  and 

16856  for  repairs  of  the  same  during  the  said  period,  two  thousand 

16857  five  hundred  dollars. 

16858  For  support  of  a  school  for  three  years,  one  thousand  five 

16859  hundred  dollars. 

16860  ARTICLE  3.  There  shall  be  paid  to  the  said  Delawares  on 

16861  their  lauds,  in  merchandize  suited  to  their  wants,  at  the  St. 

16862  Louis  cost  prices,  after  the  ratification  of  this  treaty,  the  sum 

16863  of  five  thousand  dollars.     There  shall  also  be  paid  them  the 
15864  farther  sum  of  twelve  thousand  dollars,  to  be  placed,  at  the  re- 

16865  quest  of  said  Indians,  in  the  hands  of  the  superintendent  of  In- 

16866  dian  affairs  at  St.  Louis,  to  be  by  him  applied  to  the  payment 

16867  of  debts  wThich  the  said  Delawares  have  acknowledged  to  be 

16868  due  by  their  nation  agreeably  to  a  schedule  presented  in  coun- 

16869  cil,  and  which   sum  they  wish  paid  to  Menard  &  Valle  of  St. 

16870  Genevieve,  for  the  benefit  of  William  Gillis  and  William  Mar- 

16871  shall.     The  sum  of  one  thousand  dollars  is  also  paid  them  in 

16872  merchandize  and  cash,  the  receipt  of  which  latter  sum  (of  one 

16873  thousand  dollars)  is  hereby  acknowledged. 

16874  ARTICLE  4.  To  enable  the  Shwanoes  who  are  parties  to  this 

16875  treaty  to  remove  immediately  all  the  bauds  of  their  tribe  who 

16876  are  settled  in  the  Territory  of  Arkansas  to  the  lauds  assigned 

16877  their  nation  on  the  Kanzas  Kiver,  the  United  States  will  pay 

48  i  T 


378 

16878  them  on  the  signing  of  this  treaty  eight  hundred  dollars  in  cash, 

16879  and  four  hundred  dollars  in  clothing  and  horses,  the  receipt  of 

16880  which  sums,  amounting  to  twelve  hundred  dollars,  is  hereby 

16881  acknowledged.    And  when  they  shall  have  removed  to  their 

16882  lands,  the  further  sum  of  five  hundred  dollars  shall  be  paid  them 

16883  towards  the  expenses  of  said  removal.     The  United  States  will 

16884  moreover  furnish  the  said  Shawauoes  with  provisions  on  their 

16885  land  for  one  year  after  their  removal,  which,  together  with  the 

16886  preceding  stipulations,  will  be  considered  in  full  of  all  their 

16887  claims  and  demands  against  the  United  States,  of  whatever 

16888  nature. 

16889  ARTICLE  5.  This  treaty  to  be  obligatory  on  the  contracting 

16890  parties  when  ratified  by  the  President  and  Senate  of  the  United 

16891  States. 

16892  Proclaimed  February  12,  1833. 


16893  DWAMISH,  SUQUAMISH,  ETC. 

10894  Treaty  between  tlie  United  States  and  the  Dicdmish,  Suqudmish, 

16895  and  other  allied  and  subordinate  tribes  of  Indians  in  Wash- 

16896  ington   Territory;   concluded  at  Point  Elliott,    Washington 

16897  Territory,  January  22,  1855 ;    ratified  by  the  Senate  March 

16898  8,  1859. 

16899  JAMES  BUCHANAN,  President  of  the  United  States,  to  all  and 

16900  singular  to  whom  these  presents  shall  conie,  greeting: 

16901  Whereas  a  treaty  was  made  and  concluded  at  Miickl-te-cih, 

16902  or  Point  Elliott,  in  the  Territory  of  Washington,  the  twenty- 

16903  second  day  of  January,  one  thousand  eight  hundred  and  fifty- 

16904  five,  by  Isaac  I.  Stevens,  governor  and  superintendent  of  In- 

16905  dian  affairs,  for  the  said  Territory,  on  the  part  of  the  United 

16906  States,  and  the  hereinafter-named  chiefs,  head-men,  and  dele- 

16907  gates  of  the  Dwiimish,  Suquamish,  Sk-tahl-mish,  Sam-ahmish, 

16908  Smalh-kahmish,  Skope-ahmish,  St-kah-mish,  Suoqualinoo,  Skai- 

16909  wha-mish,  N'Quentl-ma-inish,  Sk-tah-le-jum,  Stoluck-wha-mish, 

16910  Sno-ho-mish,   Skagit,   Kik-i-allus,  Swiu-a-mish,  Squin-uh-iuish, 

16911  Sah-ku-mehu,    Noo-wha-ha,    Nook-wa-chah-mish,    Mee-see-qua- 

16912  guilch,  Cho-bah-ah-bish,  and  other  allied  and  subordinate  tribes 

16913  and  bands  of  Indians  occupying  certain  lands  situated  in  said 

16914  Territory  of  Washington,  on  behalf  of  said  tribes,  and  duly 

16915  authorized  by  them  5  which  treaty  is  in  the  words  and  figures 

16916  following,  to  wit: 

16917  Articles  of  agreement  and  convention  made  and  concluded  at 

16918  Muckl-te-6h,  or  Point  Elliott,  in  the  Territory  of  Washing- 


379 

10919  ton,   this  twenty-second   day  of   January,   eighteen  hun- 

16920  dred  and  fifty-five,  by  Isaac  I.  Stevens,  governor  and  super- 

1G921  intendeiit  of  Indian  affairs  for  the  said  Territory,  on  the 

1G922  part  of  the  United  States,  and   the   undersigned  chiefs, 

16923  head-men,  and  delegates  of  the  Dwamish,  Suquamish,  Sk- 

16924  tahl-mish,  Sam-ahmish,  Smalh-kamish,  Skope-ahmish,  St- 

16925  kah-mish,  Snoqualmoo,  Skai-wha-niish,  N'Queutl-ma  mish, 

16926  Sk-tah-le-jurn,  Stoluck-wha-niish,  Sno-ho-mish,  Skagit,  Kik- 

16927  i-iillus,  Swin-a-mish,  Squin-ah-mish,  Sah-ku-Hiehu,  Noo-wha- 

16928  ha,    Xook-wa-chah-mish,    Mee-see-qua-guilch,    Cho-bah-ah- 

16929  bish,  and  other  allied  and  subordinate  tribes  and  bands  of 

16930  Indians  occupying  certain  lands  situated  in  said  Territory 

16931  of  Washington,  on  behalf  of  said  tribes,  and  duly  author- 

16932  ized  by  them. 

16933  ARTICLE  1.  The  said  tribes  and  bands  of  Indians  hereby 

16934  cede,  relinquish,  and  convey  to  the  United  States  all  their  right, 

16935  title,  and  interest  in  and  to  the  lands  and  country  occupied  by 

16936  them,  bounded  and  described   as  follows :    Commencing  at  a 

16937  point  on  the  eastern  side  of  Admiralty  Inlet,  known  as  Point 

16938  Fully,  about  midway  between  Commencement  and  Elliott  Bays; 

16939  thence  eastwardly,  running  along  the  north  line  of  lands  here- 
16910  tofore  ceded  to  the  United  States  by  the  Msqually,  Puyallup, 
16941  and  other  Indians,  to  the  summit  of  the  Cascade  range  of  moun- 
1£942  tains;  thence  northwardly,  following  the  summit  of  said  range 

16943  to  the  49th  parallel  of  north  latitude ;  thence  west,  along  said 

16944  parallel  to  the  middle  of  the  Gulf  of  Georgia  ;  thence  through 

16945  the  middle  of  said  gulf  and  the  main  channel  through  the  Canal 

16946  de  Arro  to  the  Straits  of  Fuca,  and  crossing  the  same  through 

16947  the  middle   of  Admiralty  Inlet  to   Suquamish  Head ;  thence 

16948  southwesterly,  through  the  peninsula,  and  following  the  divide 

16949  between  Hood's  Canal  and  Admiralty  Inlet  to  the  portage  known 

16950  as  Wilkes'  Portage;  thence  northeastwardly,  and  following  the 

16951  line  of  lands  heretofore  ceded  as  aforesaid  to  Point  Southworth, 

16952  on  the  western  side  of  Admiralty  Inlet,  and  thence  round  the 

16953  foot  of  Vashon's  Island  eastwardly  and  southeastwardly  to  the 

16954  place  of  beginning,  including  all  the  islands  comprised  within 

16955  said  boundaries,  and  all  the  right,  title,  and  interest  of  the  said 

16956  tribes  and  bands  to  any  lands  within  the  territory  of  the  United 

16957  States. 

16958  ARTICLE  2.  There  is,  however,  reserved  for  the  present  use 

16959  and  occupation  of  the  said  tribes  and  bands  the  following  tracts 

16960  of  land,  viz:   the  amount  of  two  sections,  or  twelve  hundred 

16961  and  eighty  acres,  surrounding  the   small  bight  at  the  head 

16962  of  Port  Madison,   called  by   the  Indians   Noo-sohk-um;    the 

16963  amount  of  two  sections,  or  twelve  hundred  and  eighty  acres, 

16964  on  the  north  side  Hwhomish  Bay   and  the   creek  emptying 


380 

1G965  into   the    same,   called  Kwilt-seh-da ;    the    peninsula    at    the 

16966  southeastern    end  of   Perry's  Island,  called    Shais-quihl,   and 

1G967  the  island  called  Chah-choo-sen,  situated  in  the  Lummi  Biver,  at 

1G9G8  the  point  of  separation  of  the  mouths  emptying  respectively 

1G9G9  into  Bellingham  Bay  and  the  Gulf  of  Georgia.    All  which  tracts 

1G970  shall  be  set  apart,  and  so  far  as  necessary  surveyed  and  marked 

1G971  out,  for  their  exclusive  use ;  nor  shall  any  white  man  be  permit- 

16972  ted  to  reside  upon  the  same  without  permission  of  the  tribes  or 

1G973  bands,  and  of  the  superintendent  or  agent,  but,  if  necessary  for 

16974  the  public  convenience,  roads  may  be  run  through  the  said  re- 

1G975  serves,  the  Indians  being  compensated  for  any  damage  thereby 

1G97G  done  them. 

1G977  ARTICLE  3.  There  is  also  reserved  from  out  the  lands  here- 

1G978  by  ceded  the  amount  of  thirty-six  sections,  or  one  township  of 

1G979  land,  on  the  northeastern  shore  of  Port  Gardner,  and  north  of 

IG9SO  the  mouth  of  Snohomish  Eiver,  including  Tulalip  Bay  and  the 

LG981  before-mentioned  Kwilt  seh-da  Creek,  for  the  purpose  of  estab- 

16982  lishing  thereon  an  agricultural  and  industrial  school,  as  herein- 

1G983  after  mentioned  and  agreed,  and   with   a  view  of  ultimately 

16984  drawing  thereto  and  settling  thereon  all  the  Indians  living  west 

1G985  of  the  Cascade  Mountains  in  said  Territory  :  Provided,  however, 

1G98G  That  the  President  may  establish  the  central  agency  and  gen- 

1G987  era!  reservation  at  such  other  point  as  lie  may  deem  for  the  ben- 

1G988  efit  of  the  Indians. 
1G989  ARTICLE  4.  The  said  tribes  and  bands  agree  to  remove  to 

16990  and  settle  upon  the  said  first  above-mentioned  reservations  with- 

16991  in  one  year  after  the  ratification  of  this  treaty,  or  sooner,  if  the 

16992  means  are  furnished  them.     In  the  mean  time  it  shall  be  lawful 
1G993  for  them  to  reside  upon  any  laud  not  in  the  actual  claim  and 

16994  occupation  of  citizens  of  the  United  States,  and  upon  any  land 

16995  claimed  or  occupied,  if  with  the  permission  of  the  owner. 
1G99G  ARTICLE  5.  The  right  of  taking  fish  at  usual  and  accus- 
1G997  torned  grounds  and  stations  is  further  secured  to  said  Indians 
1G998  in  common  with  all  citizens  of  the  Territory,  and  of  erecting 
1G999  temporary  houses  for  the  purpose  of  curing,  together  with  the 

17000  privilege  of  hunting  and  gathering  roots  and  berries  on  open 

17001  and  unclaimed  lands :  Provided,  hou'cuer.  That  they  shall  not 

17002  take  shell-fish  from  any  beds  staked  or  cultivated  by  citizens. 

17003  ARTICLE  G.  In  consideration  of  the  above  cession,   the 

17004  United  States  agree  to  pay  to  the  said  tribes  and  bands  the  sum 

17005  of  one  hundred  and  fifty  thousand  dollars,  in  the  following  man- 

17006  ner,  that  is  to  say :    For  the  first  year   after  the  ratification 

17007  hereof,  fifteen  thousand  dollars  ;  for  the  next  two  years,  twelve 

17008  thousand  dollars  each  year;  for  the  next  three  years,  ten  tlious- 

17009  and  dollars  each  year ;  for  the  next  four  years,  seven  thousand 

17010  five  hundred  dollars  each  year ;  for  the  next  five  years,   six 


381 


17011 
17012 
17013 
17014 
17015 
1701G 
17017 
17018 
17019 
17020 
17021 
17022 
17023 
17024 
17025 
17026 
17027 
17028 
17029 
17030 
17031 
17032 
17033 
17034 
17035 
17036 
17037 
1T038 
1/039 
17040 
17041 
17042 
17043 
17044 
17045 
17046 
17047 
17048 
17049 
17050 
17051 
17052 
17053 
17054 
17055 
17056 


thousand  dollars  each  year ;  and  for  the  last  five  years,  four 
thousand  two  hundred  and  fifty  dollars  each  year.  All  which 
said  sums  of  money  shall  be  applied  to  the  use  and  benefit  of 
the  said  Indians,  under  the  direction  of  the  President  of  the 
United  States,  who  may,  from  time  to  time,  determine  at  his 
discretion  upon  what  beneficial  objects  to  expend  the  same ;  and 
the  superintendent  of  Indian  aifairs,  or  other  proper  officer, 
shall  each  year  inform  the  President  of  the  wishes  of  said  In 
dians  in  respect  thereto. 

ARTICLE  7.  The  President  may  hereafter,  when  in  his  opin 
ion  the  interests  of  the  Territory  shall  require  and  the  welfare 
of  the  said  Indians  be  promoted,  remove  them  from  either  or  all 
of  the  special  reservations  hereinbefore  made  to  the  said  gen- 
eral' reservation,  or  such  other  suitable  place  within  said  Terri 
tory  as  he  may  deem  fit,  on  remunerating  them  for  their  im 
provements  and  the  expenses  of  such  removal,  or  may  consoli 
date  them  with  other  friendly  tribes  or  bands ;  and  he  may 
further,  at  his  discretion,  cause  the  whole  or  any  portion  of  the 
lands  hereby  reserved,  or  of  such  other  laud  as  may  be  selected 
in  lieu  thereof,  to  be  surveyed  into  lots,  and  assign  the  same  to 
such  individuals  or  families  as  are  willing  to  avail  themselves  of 
the  privilege,  and  will  locate  on  the  same  as  a  permanent  home 
on  the  same  terms  and  subject  to  the  same  regulations  as  are- 
provided  in  the  sixth  article  of  the  treaty  with  the  Omahas,  so 
far  as  the  same  may  be  applicable.  Any  substantial  improve 
ments  heretofore  made  by  any  Indian,  and  which  he  shall  be 
compelled  to  abandon  in  consequence  of  this  treaty,  shall  be 
valued  under  the  direction  of  the  President,  and  payment 
made  accordingly  therefor. 

ARTICLE  8.  The  annuities  of  the  aforesaid  tribes  and  bands 
shall  not  be  taken  to  pay  the  debts  of  individuals. 

ARTICLE  9.  The  said  tribes  and  bands  acknowledge  their 
dependence  011  the  Government  of  the  United  States  and  promise 
to  be  friendly  with  all  citizens  thereof,  and  they  pledge  them 
selves  to  commit  no  depredations  on  the  property  of  such  citi 
zens.  Should  any  one  or  more  of  them  violate  this  pledge,  and  the 
fact  be  satisfactorily  proven  before  the  agent,  the  property  taken 
shall  be* returned,  or  in  default  thereof,  or  if  injured  or  destroyed, 
compensation  may  be  made  by  the  Government  out  of  their 
annuities.  Xor  will  they  make  war  on  any  other  tribe"  except 
in  self-defence,  but  will  submit  all  matters  of  difference  between 
them  and  the  other  Indians  to  the  Government  of  the  United 
States  or  its  agent  for  decision,  and  abide  thereby.  And  if  any 
of  the  said  Indians  commit  depredations  on  other  Indians  within 
the  Territory,  the  same  rule  shall  prevail  as  that  prescribed  in 
this  article  in  cases  of  depreciations  against  citizens.  And  the 


382 

17057  said  tribes  agree  not  to  shelter  or  conceal  offenders  against  the 

17058  laws  of  the  United  States,  but  to  deliver  them  up  to  the  author  - 

17059  ities  for  trial. 

17000  ARTICLE  30.  The  above  tribes  and  bands  are  desirous  to 

170G1  exclude  from  their  reservations  the  use  of  ardent  spirits,  and  to 

17002  prevent  their  people  from  drinking  the  same,  and  therefore  it  is 

170G3  provided  that  any  Indian  belonging  to  said  tribe  who  is  guilty 

170C1  of  bringing  liquor  into  said  reservations,  or  who  drinks  liquor, 

17005  may  have  his  or  her  proportion  of  the  annuities  withheld  from 

170GG  him  or  her  for  such  time  as  the  President  may  determine. 
17067  ARTICLE  11.  The  said*  tribes  and  bands  agree  to  free  all 

170G8  slaves  now  held  by  them,  and  not  to  purchase  or  acquire  others 

170G9  hereafter. 

17070  ARTICLE  12.  The  said  tribes  and  bands  further  agree  not 

17071  to  trade  at  Vancouver's  Island  or  elsewhere  out  of  the  dominions 

17072  of  the  United  States,  nor  shall  foreign  Indians  be  permitted  to 

17073  reside  in  their  reservations  without  consent  of  the  superintend- 

17074  ent  or  agent. 

17075  ARTICLE  13.  To  enable  the  said  Indians  to  remove  to  and 
1707G  settle  upon  their  aforesaid  reservations,  and  to  clear,  fence,  and 

17077  break  up  a  sufficient  quantity  of  land  for  cultivation,  the  United 

17078  States  farther  agree  to  pay  the  sum  of  fifteen  thousand  dollars, 

17079  to  be  laid  out  and  expended  under  the  direction  of  the  Presi- 

17080  dent,  and  in  such  manner  as  he  shall  approve. 

17081  ARTICLE  14.  The  United  States  further  agree  to  establish 

17082  at  the  general  agency  for  the  district  of  Puget's  Sound,  within 

17083  one  year  from  the  ratification  hereof,  and  to  support  for  a  period 

17084  of  twenty  years,  an  agricultural  and  industrial  school,  to  be 

17085  free  to  children  of  the  said  tribes  and  bands  in  co:nmon  with 

17086  those  of  the  other  tribes  of  said  district,  and  to  provide  the  said 

17087  school  with  a  suitable  instructor  or  instructors,  and  also  to  pro- 

17088  vide  a  smithy  and  carpenter's  shop,  and  furnish  them  with  the 

17089  necessary  tools,  and  employ  a  blacksmith,  carpenter,  and  farmer 

17090  for  the  like  term  of  twenty  years  to  instruct  tbe  Indians  in  their 

17091  respective  occupations.     And  the  United  States  finally  agree  to 

17092  employ  a  physician,  to  reside  at  the  said  central  agency,  who 

17093  shall  furnish  medicine  and  advice  to  their  sick,  and  shall  vacci- 

17094  nate  them ;  the  expenses  of  said  school,  shops,  persons  employed, 

17095  and  medical  attendance  to  be  defrayed  by  the  United  States, 

17096  and  not  deducted  from  the  annuities. 

17097  ARTICLE  15.  This  treaty  shall  be  obligatory  on  the  con. 

17098  tractiug  parties  as  soon  as  the  same    shall  be  ratified  by  the 

17099  President  and  Senate  of  the  United  States. 

17100  Proclaimed  April  11,  1859. 


383 

17101  EEL  BIYEBS,  WYANDOTS,  ETC. 

17102  At  a  council  Jiolden  at  Vincennes  on  the  seventh  day  of  August,  one 

17103  thousand  eight  hundred  and  three,  under  the  direction  of  Wil- 
17101  Ham  Henry  Harrison,  governor  of  the  Indiana   Territory, 

17105  superintendent  of  Indian  affairs,  and  commissioner  plenipoten- 

17106  tiary  of  the  United  States  for  concluding  any  treaty  or  treaties 

17107  which  may  be  found  necessary  with  any  of  the  Indian  nations 

17108  northwest  of  the  river  Ohio,  at  which  were  present  the  chiefs 

17109  and  ivarriors  of  the  Eel  River,  Wyandot,  Piankashaiv,  and 

17110  Kaskaslda  Nations,  and  also  the  tribe  of  the  Rikapoes,  by  their 

17111  representatives,  the  chiefs  of  the  Eel  River  Nation. 

17112  The  fourth  article  of  the  treaty  koldeii  and  concluded  at  Fort 

17113  Wayne,  on  the  seventh  day  of  June,  (see  page  371,)  one  thousand 

17114  eight  hundred  and  three,  being  considered,  the  chiefs  and  warriors 

17115  of  the  said  nations  give  their  free  and  full  consent  to  the  same, 

17116  and  they  do  hereby  relinquish  and  confirm  to  the  United  States 

17117  the  privilege  and  right  of  locating  three  several  tracts  of  land, 

17118  of  one  mile  square  each,  on  the  road  leading  from  Yincennes  to 

17119  Kaskaskia,  and  also  one  other  tract  of  land  of  one  mile  square 

17120  on  the  road  leading  from  Yiucennes  to  Olarksville ;  which  loca- 

17121  tions  shall  be  made  in  such  places  on  the  aforesaid  roads  as 

17122  shall  best  comport  with  the  convenience  and  interest  of  the 

17123  United  States  in  the  establishment  of  houses  of  entertainment 

17124  for  the  accommodation  of  travellers. 

17125  Proclaimed  December  23,  1803. 


17126  ELATHEADS,  ETC. 

17127  Treaty  between  the  United  States  and  the  Flathead,  Kootcnay,  and 

17128  I rppcr  Pend  d'Oreilles  Indians,  concluded  at  Hell  Gate,  in  the 

17129  Bitter  Root  Valley,  July  16,  1855;    ratified   by   the  Senate 

17130  March  8,  1859. 

17131  JAMES  BUCHANAN,  President  of  the  United  States  of  America, 

17132  to  all  and  singular  to  whom   these  presents  shall  come, 

17133  greeting: 

17134  Whereas  a  treaty  was  made  and  concluded  at  the  treaty  - 

17135  ground  at  Hell  Gate,  in  the  Bitter  Boot  Valley,  on  the  sixteenth 

17136  day  of  July,  eighteen  hundred  and  fifty-five,  between  Isaac  I. 

17137  Stevens,  governor  and  superintendent  of  Indian  affairs  for  the 

17138  Territory  of  Washington,  on  the  part  of  the  United  States,  and 

17139  the  hereinafter-named  chiefs,  head-men,  and  delegates  of  the 


384 

17140  confederated  tribes  of  the  Flathead,  Kootenay,  aud  Upper  Tend 

17141  d'  Oreilles  Indians,  on  behalf  of  and  acting  for  said  confederated 

17142  tribes,  and  duly  authorized  thereto  by  them,  which  treaty  is  in 
1714-3  the  words  and  figures  following,  to  wit : 

17144  Articles  of  agreement  and  convention  made  and  concluded  at 

17145  the  treaty-ground  at  Hell  Gate,  in  the  Bitter  Root  Valley, 

17146  this  sixteenth  day  of  July,  in  the  year  one  thousand  eight 

17147  hundred  and  fifty-five,  by  and  between  Isaac  1.  Stevens, 

17148  governor  and  superintendent  of  Indian  affairs  for  the  Terri- 

17149  tory  of  Washington,  on  the  part  of  the  United  States,  and 

17150  the  undersigned  chiefs,  head-men,  and  delegates  of  the  con- 

17151  federated  tribes  of  the  Flathead,   Kootenay,  and   Upper 

17152  Peud  d'Oreilles  Indians,  on  behalf  of  and  acting  for  said 

17153  confederated  tribes,  and  being  duly  authorized   thereto  by 

17154  them.    It  being  understood  and  agreed  that  the  said  confed- 

17155  crated    tribes   do    hereby   constitute  a  nation,  under  the 

17156  name  of  the  Flathead  Xation,  with  Victor,  the  head  chief 

17157  of  the  Flathead  tribe,  as  the  head  chief  of  the  said  nation, 

17158  and  that  the  several  chiefs,  head-men,  and  delegates,  whose 
17151)  names  are  signed  to  this  treaty,  do  hereby,   in  behalf  of 

17160  their  respective  tribes,  recognise  Victor  as  said  head  chief. 

17161  ARTICLE  1.  The  said  confederated  tribes  of  Indians  hereby 

17162  cede,  relinquish,  and  convey  to  the  United  States  all  their  right. 

17163  title,  and  interest  in  and  to  the  country  occupied  or  claimed  by 

17164  them,  bounded  and  described  as  follows,  to  wit  : 

17165  Commencing  on  the  main  ridge  of  the  Rocky  Mountains,  at 

17166  the  forty-ninth  (49th)  parallel  of  latitude;  thence  westwardly  on 

17167  that   parallel  to  the  divide  between  the  Flat-boAv  or  Kooteuay 

17168  River  and  Clarke's  Fork  ;  thence  southerly  and  southeasterly 

17169  along  said  divide  to  the  one  hundred  and  fifteenth  degree  of 

17170  longitude,  (115°;)  thence  in  a  southwesterly  direction  to  the  di- 

17171  vide  between  the  sources  of  the  St.  Regis  Borgia  and  the  Cceur 

17172  d'Alene  Rivers  ;  thence  southeasterly  and  southerly  along  the 

17173  main  ridge  of  the  Bitter  Root  Mountains  to  the  divide  between 

17174  the  head-waters  of  the  Koos-koos-kee  River  and  of  the  south- 

17175  western  fork  of  the  Bitter  Root  River ;  thence  easterly  along  the 

17176  divide  separating  the  waters  of  the  several  tributaries  of  the 

17177  Bitter  Root  River  from  the  waters  flowing  into  the  Salmon  and 

17178  Snake  Rivers,  to  the  main  ridge  of  the  Rocky  Mountains,  and 

17179  thence  northerly  along  said  main  ridge  to  the  place  of  begin- 

17180  ning. 

17181  ARTICLE  2.  There  is,  however,   reserved  from  the  lands 

17182  above  ceded,  for  the  use  and  occupation  of  the  said  confederated 

17183  tribes,  and  as  a  general  Indian  reservation,  upon  which  may  be 

17184  placed  other  friendly  tribes  and  bands  of  Indians  of  the  Territory 

17185  of  Washington  w7ho  may  agree  to  be  consolidated  with  the  tribes 


385 


17186 
17187 
17188 
17189 
17190 
17191 
17192 
17193 
17194 
17195 
17196 
17197 
17198 
17199 
17200 
17201 
17202 
17203 
17204 
17205 
17206 
17207 
17208 
17209 
17210 
17211 
17212 
17213 
17214 
17215 
17216 
17217 
17218 
17219 
17220 
17221 
17222 
17223 
17224 
17225 
17226 
17227 
17228 
17229 
17230 
17231 


parties  to  this  treaty,  under  the  common  designation  of  the  Flat- 
head  Nation,  with  Victor,  head  chief  of  the  Flathead  tribe,  as 
the  head  chief  of  the  nation,  the  tract  of  land  included  within 
the  following  boundaries,  to  wit : 

Commencing  at  the  source  of  the  main  branch  of  the  Jocko 
River;  thence  along  the  divide  separating  the  waters  flowing 
into  the  Bitter  Koot  River  from  those  flowing  into  the  Jocko, 
to  a  point  on  Clarke's  Fork  between  the  Camash  and  Horse 
Prairies  ;  thence  northerly  to,  and  along  the  divide  bounding 
on  the  west  the  Flathead  River,  to  a  point  due  west  from  the 
point  half  way  in  latitude  between  the  northern  and  southern 
extremities  of  the  Flathead  Lake ;  thence  on  a  clue  east  course 
to  the  divide  whence  the  Crow,  the  Prune,  the  So-ui-el-em  and 
the  Jocko  Rivers  take  their  rise,  and  thence  southerly  along  said 
divide  to  the  place  of  beginning. 

All  which  tract  shall  be  set  apart,  and,  so  far  as  necessary, 
surveyed  and  marked  out  for  the  exclusive  use  and  benefit  of 
said  confederated  tribes  as  an  Indian  reservation.  Nor  shall 
any  white  man,  excepting  those  in  the  employment  of  the  In 
dian  department,  be  permitted  to  reside  upon  the  said  reserva 
tion  without  permission  of  the  confederated  tribes,  and  the 
superintendent  and  agent.  And  the  said  confederated  tribes 
agree  to  remove  to  and  settle  upon  the  same  within  one  year 
after  the  ratification  of  this  treaty.  In  the  mean  time  it  shall 
be  lawful  for  them  to  reside  upon  any  ground  not  in  the  actual 
claim  and  occupation  of  citizens  of  the  United  States,  and  upon 
any  ground  claimed  or  occupied,  if  with  the  permission  of  the 
owner  or  claimant. 

Guaranteeing,  however,  the  right  to  all  citizens  of  the  United 
States  to  enter  upon  and  occupy  as  settlers  any  lands  not  actu 
ally  occupied  and  cultivated  by  said  Indians  at  this  time,  and 
not  included  in  the  reservation  above  named.  And  provided, 
That  any  substantial  improvements  heretofore  made  by  any  In 
dian,  such  as  fields  enclosed  and  cultivated,  and  houses  erected 
upon  the  lands  hereby  ceded,  and  which  he  may  be  compelled 
to  abandon  in  consequence  of  this  treaty,  shall  be  valued  under 
the  direction  of  the  President  of  the  United  States,  and  pay 
ment  made  therefor  in  money,  or  improvements  of  an  equal 
value  be  made  for  said  Indian  upon  the  reservation  ;  and  no  In 
dian  will  be  required  to  abandon  the  improvements  aforesaid, 
now  occupied  by  him,  until  their  value  in  money  or  improve 
ments  of  an  equal  value  shall  be  furnished  him  as  aforesaid. 

ARTICLE  3.  And  provided,  That,  if  necessary  for  the  public 

convenience,  roads  may  be  run  through  the  said  reservation  ; 

and,  on  the  other  hand,  the  right  of  way,  with  free  access  from 

the  same  to  the  nearest  public  highway,  is  secured  to  them,  as 

49  I  T 


386 

17232  also  the  right  in  common  with  citizens  of  the  United  States  to 

17233  travel  upon  all  public  highways. 

17234  The  exclusive  right  of  taking  fish  in  all  the  streams  running 

17235  through  or  bordering  said  reservation  is  further  secured  to  said 

17236  Indians  ;  as  also  the  right  of  taking  fish  at  all  usual  and  accus- 

17237  tomed  places,  in  common  with  citizens  of  the  Territory,  and  of 

17238  erecting  temporary  buildings  for  curing ;    together   with  the 

17239  privilege  of  hunting,  gathering  roots  and  berries,  and  pasturing 

17240  tbeir  horses  and  cattle  upon  open  and  unclaimed  land. 

17241  ARTICLE  4.   In  consideration   of   the   above  cession,  the 

17242  United  States  agree  to  pay  to  the  said  confederated  tribes  of 

17243  Indians,  in  addition  to  the  goods  and  provisions  distributed  to 

17244  them  at  the  time  of  signing  this  treaty,  the  sum  of  one  hundred 

17245  and  twenty  thousand  dollars,  in  the  following  manner,  that  is  to 
17240  say:  For  the  first  year  after  the  ratification  hereof,  thirty-six 

17247  thousand  dollars,  to  be  expended,  under  the  direction  of  the 

17248  President,  in  providing  for  their  removal  to  the  reservation, 
17240  breaking  up  and  fencing  farms,  building  houses  for  them,  and 

17250  for  such  other  objects  as  he  may  deem  necessary.     For  the  next 

17251  four  years,  six  thousand  dollars  each  year;  for  the  next  five 

17252  years,  five  thousand  dollars  each  year;  for  the  next  five  years, 

17253  four  thousand  dollars  each  year;  and  for  the  next  five  years, 

17254  three  thousand  dollars  each  year. 

17255  All  which  said  sums  of  money  shall  be  applied  to  the  use 

17256  and  benefit  of  the  said  Indians,  under  the  direction  of  the  Presi- 

17257  dent  of -the  United  States,  who  may  from  time  to  time  determine 

17258  at  his  discretion,  upon  what  beneficial  objects  to  expend  the  same 
17250  for  them  ;   and  the  superintendent  of  Indian  affairs,  or  other 

17260  proper  officer,  shall  each  year  inform  the  President  of  the  wishes 

17261  of  tbe  Indians  in  relation  thereto. 

17262  ARTICLE  5.  The  United  States  further  agree  to  establish,  at 

17263  suitable  points  within  said  reservation,  within  one  year  after  the 

17264  ratification  hereof,  an  agricultural  and  industrial  school,  erect- 

17265  ing  the  necessary  buildings,  keeping  the  same  in  repair,  and  pro- 

17266  viding  it  with  furniture,  books,  and  stationery,  to  be  located  at 

17267  the  agency,  and  to  be  free  to  the  children  of  the  said  tribes,  and 

17268  to  employ  a  suitable  instructor  or  instructors;  to  furnish  one 
17260  blacksmith  shop,  to  which  shall  be  attached  a  tin  and  gun  shop  ; 

17270  one  carpenter's  shop ;  one  wagon  and  ploughinaker's  shop  5  and 

17271  to  keep  the  same  in  repair,  and  furnished  with  the  necessary 

17272  tools;  to  employ  two  farmers,  one  blacksmith,  one  tinner,  one 

17273  gunsmith,  one  carpenter,  one  wagon  and  plough  maker,  for  the 

17274  instruction  of  the  Indians  in  trades,  and  to  assist  them  in  the 

17275  same;  to  erect  one  saw-mill  and  one  flouriug-mill,  keeping  the 

17276  same  in  repair,  and  furnished  with  the  necessary  tools  and  fix- 

17277  tu res,  and  to  employ  two  millers;  to  erect  a  hospital,  keeping 


387 

17278  the  same  in  repair,  ami  provided  with  the  necessary  medicines 

17270  and  furniture,  and  to  employ  a  physician ;  and  to  erect,  keep  in 

17280  repair,  and  provide  with  the  necessary  furniture,  the  buildings 

17281  required  for  the  accommodation  of  the  said  employees.    The 

17282  said  buildings  and  establishments  to  be  maintained  and  kept  in 

17283  repair  as  aforesaid,  and  the  employees  to  be  kept  in  service  for 

17284  the  period  of  twenty  years. 

17285  And  in  view  of  the  fact  that  the  head  chiefs  of  the  said  con- 

17286  federated  tribes  of  Indians  are  expected  and  will  be  called  upon 

17287  to  perform  many  services  of  a  public  character,  occupying  much 

17288  of  their  time,  the  United  States  further  agree  to  pay  to  each  of 

17289  the  Flathead,  Kootenay,  and  Upper  Pend  d'Oreilles  tribes  five 

17290  hundred  dollars  per  year,  for  the  term  of  twenty  years  after  the 

17291  ratification  hereof,  as  a  salary  for  such  persons  as  the  said  con- 

17292  federated  tribes  may  select  to  be  their  head  chiefs,  and  to  build 

17293  for  them,  at  suitable  points  on  the  reservation,  a  comfortable 

17294  house,  and  properly  furnish  the  same,  and  to  plough  and  fence 

17295  for  each  of  them  ten  acres  of  laud.     The  salary  to  be  paid  to, 

17296  and  the  said  houses  to  be  occupied  by,  such  head  chiefs  so  long 

17297  as  they  may  be  elected  to  that  position  by  their  tribes,  and  no 

17298  longer. 

17299  And  all  the  expenditures  and  expenses  contemplated  in  this 

17300  article  of  this  treaty  shall  be  defrayed  by  the  United  States,  and 

17301  shall  not  be  deducted  from  the  annuities  agreed  to  be  paid  to 

17302  said  tribes.     Nor  shall  the  cost  of  transporting  the  goods  for  the 

17303  annuity  payments  be  a  charge  upon  the  annuities,  but  shall  be 

17304  defrayed  by  the  United  States. 

17305  ARTICLE  0.  The  President  may  from  time  to  time,  at  his 

17306  discretion,  cause  the  whole,  or  such  portion  of  such  reservation 

17307  as  he  may  think  proper,  to  be  surveyed  into  lots,  and  assign  the 

17308  same  to  such  individuals  or  families  of  the  said  confederated 

17309  tribes  as  are  willing  to  avail  themselves  of  the  privilege,  and 

17310  will  locate  on  the  same  as  a  permanent  home,  on  the  same  terms 

17311  and  subject  to  the  same  regulations  as  are  provided  in  the  sixth 

17312  article  of  the  treaty  with  the  Oinahas,  so  far  as  the  same  may 

17313  be  applicable. 

17314  N.  B. — The  article  referred  to  is  contained  in  the  treaty  with 

17315  the  Omahas,  proclaimed  June  21,  1854,  and  reads  as  follows  : 

17316  «  ARTICLE  6.  The  President  may  from  time  to  time,  at  his 

17317  discretion,  cause  the  whole  or  such  portion  of  the  laud  hereby 

17318  reserved,  as  he  may  think  proper,  or  of  such  other  laud  as  may 

17319  be  selected  in  lieu  thereof,  as  provided  for  in  article  first,  to.be 

17320  surveyed  into  lots,  and  to  assign  to  such  Indian  or  Indians  of 

17321  said  tribe  as  are  willing  to  avail  of  the  privilege,  and  who  will 

17322  locate  on  the  same  as  a  permanent  home,  if  a  single  person  over 

17323  twenty-one  years  of  age,  one-eighth  of  a  section  ;  to  each  family 


388 

17324  of  two,  one  quarter  section ;  to  each  family  of  three  and  not 

17325  exceeding  five,  one  half  section  ;  to  each  family  of  six  and  not 

17326  exceeding  ten,  one  section  ;  and  to  each  family  over  ten  in  nnm- 

17327  ber,  one  quarter  section  for  every  additional  five  members.    And 

17328  he  may  prescribe  such  rules  and  regulations  as  will  insure  to  the 

17329  family,  in  case  of  the  death  of  the  head  thereof,  the  possession 

17330  and  enjoyment  of  such  permanent  home  and  the  improvements 

17331  thereon.     And  the  President  may,  at  any  time,  in  his  discretion 

17332  after  such  person  or  family  has  made  a  location  on  the  land  as- 

17333  signed  for  a  permanent  home,  issue  a  patent  to  such  person  or 

17334  family  for  such  assigned  land,  conditioned  that  the  tract  shall 

17335  not  be  aliened  or  leased  for  a  longer  term  than  two  years  ;  and 
17330  shall  be  exempt  from  levy,  sale,  or  forfeiture,  which  conditions 

17337  shall  continue  in  force  until  a  State  constitution,  embracing  such 

17338  lands  within,  its  boundaries,  shall  have  been  formed,  and  the 
17330  legislature  of  the  State  shall  remove  the  restrictions.     And  if 
17310  auy  such  person  or  family  shall  at  any  time  neglect  or  refuse  to 

17341  occupy  and  till  a  portion  of  the  lands  assigned  and  on  which 

17342  they  have  located,  or  shall  rove  from  place  to  place,  the  Presi- 

17343  dent  may,  if  the  patent  shall  have  been  issued,  cancel  the  assign- 

17344  ment,  and  may  also  withhold  from  such  person  or  family,  their 

17345  proportion  of  the  annuities  or  other  moneys  due  them,  until 

17346  they  shall  have  retured_to  such  permanent  home,  and  resumed 

17347  the  pursuits  of  industry ;  and  in  default  of  their  return  the  tract 

17348  may  be  declared  abandoned,  and  thereafter  assigned  to  some 
17340  other  person  or  family  of  such  tribe,  or  disposed  of  as  is  pro- 

17350  vided  for  the  disposition  of  the  excess  of  said  land.     And  the 

17351  residue  of  the  land  hereby  reserved,  or  of  that  which  may  be 

17352  selected  in  lieu  thereof,  after  all  of  the  Indian  persons  or  fami- 

17353  lies  shall  have  had  assigned  to  them  permanent  homes,  may  be 

17354  sold  for  their  benefit,  under  such  laws,  rules,  or  regulations,  as 

17355  may  hereafter  be  prescribed  by  the  Congress  or  President  of 

17356  the  United  States.    No  State  legislature  shall  remove  the  restric- 

17357  tious  herein  provided  for,  without  the  consent  of  Congress.7' 

17358  ARTICLE  7.  Tbe  annuities  of  the  aforesaid    confederated 
17350  tribes  of  Indians  shall  not  be  taken  to  pay  the  debts  of  indi- 

17360  viduals. 

17361  ARTICLE  8.  The  aforesaid  confederated  tribes  of  Indians 

17362  acknowledge  their  dependence  upon   the  Government  of  the 

17363  United  States,  and  promise  to  be  friendly  with  all  citizens  thereof, 

17364  and  pledge  themselves  to  commit  no  depredations  upon  the 

17365  property  of  such  citizens.     And  should  anyone  or  more  of  them 

17366  violate  this  pledge,  and  the  fact  be  satisfactorily  proved  before 

17367  the  agent,  the  property  taken  shall  be  returned,  or,  in  default 

17368  thereof,  or  if  injured  or  destroyed,  compensation  may  be  made 
17360  by  the  Government  out  of  the  annuities.    Nor  will  they  make 


389 


17370 
17371 
17372 
17373 
17371 
17375 
17376 
17377 
17378 
17379 
17380 
17381 
17382 
17383 
17384 
17385 
1738G 
17387 
17388 
17389 
17390 
17391 
17392 
17393 
17391 
17395 
17396 
17397 
17398 
17399 
17400 
17401 
17402 
17403 
17404 
17405 
17406 
17407 
17408 


war  on  any  other  tribe  except  in  self-defence,  but  will  submit 
all  matters  of  difference  between  them  and  other  Indians  to  the 
Government  of  the  United  States,  or  its  agent,  for  decision,  and 
abide  thereby.  And  if  any  of  the  said  Indians  commit  any  dep 
redations  on  any  other  Indians  within  the  jurisdiction  of  the 
United  States,  the  same  rule  shall  prevail  as  that  prescribed 
in  this  article,  in  case  of  depredations  against  citizens.  And 
the  said  tribes  agree  not  to  shelter  or  conceal  offenders  against 
the  laws  of  the  United  States,  but  to  deliver  them  up  to  the  au 
thorities  for  trial. 

ARTICLE  9.  The  said  confederated  tribes  desire  to  exclude 
from  their  reservation  the  use  of  ardent  spirits,  and  to  prevent 
their  people  from  drinking  the  same;  and  therefore  it  is  pro 
vided  that  any  Indian  belonging  to  said  confederated  tribes  of 
Indians  who  is  guilty  of  bringing  liquor  into  said  reservation, 
or  who  drinks  liquor,  may  have  his  or  her  proportion  of  the  an 
nuities  withheld  from  him  or  her  for  such  time  as  the  President 
may  determine. 

ARTICLE  10.  The  United  States  further  agree  to  guaranty 
the  exclusive  use  of  the  reservation  provided  for  in  this  treaty, 
as  against  any  claims  which  may  be  urged  by  the  Hudson  Bay 
Company  under  the  provisions  of  the  treaty  between  the  United 
States  and  Great  Britain  of  the  fifteenth  of  June,  eighteen  hun 
dred  and  forty-six,  in  consequence  of  the  occupation  of  a  trading- 
post  on  the  Pru-in  River  by  the  servants  of  that  company. 

ARTICLE  11.  It  is,  moreover,  provided  that  the  Bitter  Boot 
Valley,  above  the  Loo-lo  Fork,  shall  be  carefulty  surveyed  and 
examined,  and  if  it  shall  prove,  in  the  judgment  of  the  Pres 
ident,  to  be  better  adapted  to  the  wants  of  the  Fiathead  tribe 
than  the  general  reservation  provided  for  in  this  treaty,  then 
such  portions  of  it  as  may  be  necessary  shall  be  set  apart  as  a 
separate  reservation  for  the  said  tribe.  No  portion  of  the  Bitter 
Root  Valley  above  the  Loo-lo  Fork  shall  be  opened  to  settlement 
until  such  examination  is  had  and  the  decision  of  the  President 
made  known. 

ARTICLE  12.  This  treaty  shall  be  obligatory  upon  the  con 
tracting  parties  as  soon  as  the  same  shall  be  ratified  by  the 
President  and  Senate  of  the  United  States. 

Proclaimed  April  18,  1859. 


17409 
17410 
17411 


FLORIDA  TRIBES. 

Treaty  with  the  Florida  tribes  of  Indians. 


ARTICLE  1.  The  undersigned  chiefs  and  warriors,  for  theui- 

17412  selves  and  their  tribes,  have  appealed  to  the  humanity  and  thrown 

17413  themselves  on,  and  have  promised  to  continue  under,  the  pro- 


390 


17414  tectiou  of  the  United  States,  and  of  no  other  nation,  power,  or 

17415  sovereign,  and,  in  consideration  of  the  promises  and  stipulations 

17416  hereinafter  made,  do  cede  and  relinquish  all  claim  or  title  which 

17417  they  may  have  to  the  whole  territory  of  Florida,  with  the  excep- 

17418  tion  of  such  district  of  country  as  shall  herein  be  allotted  to 

17419  them. 

17420  ARTICLE  2.  The  Florida  tribes  of  Indians  will  hereafter  be 

17421  concentrated  and  confined  to  the  folio  wing  metes  and  boundaries : 

17422  commencing  five  miles  north  of  Okehumke,  running  in  a  direct 

17423  line  to  a  point  five  miles  west  of  Setarky's  settlement,  on  the 

17424  waters  of  Amazura,  (or  Withlahuchie  River,)  leaving  said  set- 

17425  t lenient  two  miles  south  of  the  line  ;  from  thence,  in  a  direct  line, 
17420    to  the  south  end  of  the  Big  Hammock,  to  include  Chickuehate  ; 

17427  continuing  in  the  same  direction  for  five  miles  beyond  the  said 

17428  Hammock,  provided  said  point  does  not  approach  nearer  than 

17429  fifteen  miles  the  sea-coast  of  the  Gulf  of  Mexico ;  if  it  does,  the 

17430  said  line  will  terminate  at  that  distance  from  the  sea-coast ; 

17431  thence  south  twelve  miles;  thence  in  a  south  30°  east  direction 

17432  until  the  same  shall  strike  within  five  miles  of  the  main  branch 

17433  of  Charlotte  Eiver;  thence,  in  a  due  east  direction,  to  within 

17434  twenty  miles  of  the  Atlantic  coast ;  thence  north,  fifteen  west,  for 

17435  fifty  miles,  and  from  this  last  to  the  beginning  point. 

17436  ARTICLE  3.  The  United  States  will  take  the  Florida  Indians 

17437  under  their  care  and  patronage,  and  will  afford  them  protection 

17438  against  all  persons  whatsoever,  provided  they  conform  to  the 

17439  laws  of  the  United  States  and  refrain  from  making  war,  or  giving 

17440  any  insult  to  any  foreign  nation,  without  having  first  obtained 

17441  the  permission  and  consent  of  the  United  States.    And,  in  con- 

17442  sideration  of  the  appeal  and  cession  made  in  the  first  article  of 

17443  this  treaty  by  the  aforesaid  chiefs   and  warriors,  the  United 

17444  States  promise  to  distribute  among  the  tribes,  as  soon  as  coiicen- 

17445  t  rated  under  the  direction  of  their  agent,  implements  of  hus- 

17446  bandry,  and  stock  of  cattle  and  hogs,   to  the  amount  of  six 

17447  thousand  dollars,  and  an  annual  sum  of  five  thousand  dollars  a 

17448  year  for  twenty  successive  years,  to  be  distributed  as  the  Presi- 

17449  dent  of  the  United  States  shall  direct,  through  the  Secretary 

17450  of  War,  or  his  superintendents  and  agent  of  Indian  affairs. 

17451  ARTICLE  4.  The  United  States  promise  to  guaranty  to  the 

17452  said  tribes  the  peaceable  possession  of  the  district  of  country 

17453  herein  assigned  them,  reserving  the  right  of  opening  through  it 

17454  such  roads  as  may,  from  time  to  time,  be  deemed  necessary ; 

17455  and  to  restain  and  prevent  all  white  persons  from  hunting,  set- 

17456  tling,  or  otherwise  intruding  upon  it.     But  any  citizen  of  the 

17457  United  States,  being  lawfully  authorized  for  that  purpose,  shall 
17158    be  permitted  to  pass  and  repass  through  the  said  district,  and  to 


391 


17459 

17460 

17461 

17462 

17463 

17464 

17465 

17466 

17467 

17468 

17469 

17470 

17471 

17472 

17473 

17474 

17475 

17476 

17477 

17478 

17479 

17480 

17481 

17482 

17483 

17484 

17485 

17486 

17487 

17488 

1-7489 

17490 

17491 

17492 

17493 

17494 

17495 

17496 

17497 

17498 

17499 

17500 

17501 

17502 

17503 

17504 


navigate  the  waters  thereof,  without  any  hindrance,  toll,  or  ex 
action,  from  said  tribes. 

ARTICLE  5.  For  the  purpose  of  facilitating  the  removal  of 
tfie  said  tribes  to  the  district  of  country  allotted  them,  and,  as 
a  compensation  for  the  losses  sustained,  or  the  inconveniences 
to  which  they  may  be  exposed  by  said  removal,  the  United  States 
will  furnish  them  with  rations  of  corn,  meat,  and  salt,  for  twelve 
months,  commencing  on  the  first  day  of  February  next;  and 
they  further  agree  to  compensate  those  individuals  who  have 
been  compelled  to  abandon  improvements  on  lands  not  em 
braced  within  the  limits  allotted,  to  the  amount  of  four  thou 
sand  five  hundred  dollars,  to  be  distributed  among  the  sufferers, 
in  a  ratio  to  each  proportional  to  the  value  of  the  improve 
ments  abandoned.  The  United  States  further  agree  to  furnish 
a  sum,  not  exceeding  two  thousand  dollars,  to  be  expended  by 
their  agent,  to  facilitate  the  transportation  of  the  different  tribes 
to  the  point  of  concentration  designated. 

ARTICLE  6.  An  agent,  sub-agent,  and  interpreter  shall 
be  appointed,  to  reside  within  the  Indian  boundary  aforesaid,  to 
watch  over  the  interests  of  said  tribes ;  and  the  United  States 
further  stipulate,  as  an  evidence  of  their  humane  policy  towards 
said  tribes,  who  have  appealed  to  their  liberality,  to  allow  for 
the  establishment  of  a  school  at  the  agency  one  thousand  dollars 
per  year  for  twenty  successive  years ;  and  one  thousand  dol 
lars  per  year,  for  the  same  period,  for  the  support  of  a  gun  and 
black  smith,  with  the  expenses  incidental  to  his  shop. 

ARTICLE  7.  The  chiefs  and  warriors  aforesaid,  for  themselves 
and  tribes,  stipulate  to  be  active  and  vigilant  in  the  preventing 
the  retreating  to,  or  passing  through,  of  the  district  of  country 
assigned  them,  of  any  absconding  slaves,  or  fugitives  from  jus 
tice  ;  and  further  agree  to  use  all  necessary  exertions  to  appre 
hend  and  deliver  the  same  to  the  agent,  who  shall  receive  orders 
to  compensate  them  agreeably  to  the  trouble  and  expenses  in 
curred. 

ARTICLE  8.  A  commissioner  or  commissioners,  with  a  sur 
veyor,  shall  be  appointed,  by  the  President  of  the  United  States, 
to  run  and  mark  (blazing  fore  and  aft  the  trees)  the  line  as  de 
fined  in  the  second  article  of  this  treaty,  who  shall  be  attended 
by  a  chief  or  warrior,  to  be  designated  by  a  council  of  their  own 
tribes,  and  who  shall  receive,  while  so  employed,  a  daily  com 
pensation  of  three  dollars. 

ARTICLE  9.  The  undersigned  chiefs  and  warriors,  for  them 
selves  and  tribes,  having  objected  to  their  concentration  within 
the  limits  described  in  the  second  article  of  this  treaty,  under 
the  impression  that  the  said  limits  did  not  contain  a  sufficient 
quantity  of  good  land  to  subsist  them,  and  for  no  other  reason : 


392 

17505  it  is,  therefore,  expressly  understood,  between  the  United  States 

1750G  and  the  aforesaid  chiefs  and  warriors  that,  should  the  country 

17507  embraced  in  the  said  limits,  upon  examination  by  the  Indian 

17G08  agent  and  the  commissioner  or  commissioners  to  be  appointed 

17500  under  the  8th  article  of  this  treaty,  be  by  them  considered  insuf- 

17510  ficieut  for  the  support  of  the  said  Indian  tribes,  then  the  north 

17511  line,  as  denned  in  the  second  article  of  this  treaty,  shall  be  re- 

17512  moved  so  far  north  as  to  embrace  a  sufficient  quantity  of  good 

17513  tillable  land. 

17514  ARTICLE  10.  The  undersigned  chiefs  and  warriors,  for  them- 

17515  selves  and  tribes,  have  expressed  to  the  commissioners  their 

17516  unlimited  confidence  in  their  agent,  Colonel  Gad  Humphreys, 

17517  and  their  interpreter,  Stephen  Richards,  and,  as  an  evidence  of 

17518  their  gratitude  for  their  services  and  humane  treatment,  and 

17519  brotherly  attentions  to  their  wants,  request  that  one  mile  square, 

17520  embracing  the  improvements  of  Enehe  Math  la,  at  Tallahassee, 

17521  (said  improvements  to  be  considered  as  the  centre)  be  conveyed, 

17522  in  fee-simple,  as  a  present  to  Colonel  Gad  Humphreys.     And 

17523  they  further  request  that  one  mile  square,  at  the  Ochesee  Bluffs, 

17524  embracing  Stephen  Richard's  field  on  said  bluff's,  be  conveyed, 
17^25  in  fee-simple,  as  a  present  to  said  Stephen  Richards.     The  com- 
1752(3  missioners  accord  in  sentiment  with  the  undersigned  chiefs  and 

17527  warriors,  and  recommend  a   compliance  with  their  wishes  to 

17528  the  President  and  Senate  of  the  United  States;  but  the  dis- 

17529  approval,  on  the  part  of   the  said  authorities,  of  this  article 

17530  shall  in  nowise  affect  the  other  articles  and  stipulations  con- 

17531  eluded  on  in  this  treaty. 

17532  ADDITIONAL   ARTICLE. 

17533  Whereas  Neo  Mathla,  John  Blunt,  Tuski  Hajo,  Mulatto 

17534  King,  Emathlochee,  and  Econchatimioo,  six  of  the  principal 

17535  chiefs  of  the  Florida  Indians,  and  parties  to  the  treaty  to  which 

17536  this  article  has  been  annexed,  have  warmly  appealed  to  the  com- 

17537  missioners  for  permission  to  remain  in  the  district  of  country 

17538  now  inhabited  by  them  5  and,  in  consideration  of  their  friendly 
17531)  disposition    and    past    services   to   the    United    States,    it   is, 
17510  therefore,  stipulated  between  the  United  States  and  the  afore- 

17541  said  chief's  that  the  following  reservations  shall  be  surveyed, 

17542  and  marked  by  the  commissioner  or  commissioners  to  be  ap- 

17543  pointed  under  the  eighth  article  of  this  treaty:  For  the  use  of 

17544  Nea  Mathla  and  his  connections,  two  miles  square,  embracing  the 

17545  Tuphulga  Village,  on  the  waters  of  Rocky  Comfort  Creek.     For 

17546  Blunt  and  Tuski  Hajo,  a  reservation,  commencing  on  the  Apa 

17547  lachicola,  one  mile  below  Tuski  Ilajo's  improvements,  running 

17548  up  said  river  four  miles;  thence  west  two  miles;  thence  south-  . 

17549  crly  to  a  point  two  miles  due  west  of  the  beginning;  thence 


393 

17550  east  to  the  beginning  point.    For  Mulatto  King  and  Emathlo 

17551  cliee,  a  reservation,  commencing  on  the  Apalachicola,  at  a  point 

17552  to  include  Yellow  Hair's  improvements ;  thence  up  said  river 

17553  for  four  miles \  thence  west  one  mile;  thence  southerly  to  a 

17554  point  one  mile  west  of  the  beginning;  and  thence  east  to  the 

17555  beginning  point.     For  Ecouchatiinico,  a  reservation  comnienc- 

17556  ing  on  the  Chatahoochie,  one  mile  below  Econchatiniico's  house ; 

17557  thence  up  said  river  for  four  miles ;  thence  one  mile  west ;  thence 

17558  southerly  to  a  point  one  mile  west  of  the  beginning ;  thence  east 
17550  to  the  beginning  point.     The  United  States  promise  to  guar- 
175GO  anty  the  peaceable  possession  of  the  said  reservations,  as  defined, 

17561  to  the  aforesaid  chiefs  and  their  descendants  only  so  long  as 

17562  they  shall  continue  to  occupy,  improve,  or  cultivate  the  same; 
17568  but  in  the  event  of  the  abandonment  of  all  or  either  of  the 
17561  reservations  by  the  chief  [or  chiefs  to  whom  they  have  been 

17565  allotted,  the  reservation  or  reservations  so  abandoned  shall  re- 

17566  vert  to  the  United  States,  as  included  in  the  cession  made  in 

17567  the  first  article  of  this  treaty.     It  is  further  understood  that 

17568  the   names  of  the  individuals  remaining  on  the  reservations 

17569  aforesaid  shall  be  furnished,  by  the  chiefs  in  whose  favour  the 

17570  reservations  have  been  made,  to  the  superintendent  or  agent 

17571  of  Indian  affairs  in  the  territory  of  Florida;  and  that  no  other 

17572  individuals  shall  be  received  or  permitted  to  remain  within  said 

17573  reservations,  without  the  previous  consent  of  the  superintendent 

17574  or  agent  aforesaid.  And,  as  the  aforesaid  chiefs  are  authorized  to 

17575  select  the  individuals  remaining  with  them,  so  they  shall  each 

17576  be  separately  held  responsible  for  the  peaceable  conduct  of  their 

17577  towns,  or  the  individuals  residing  on  the  reservations  allotted 

17578  them.     It  is  further  understood  between  the  parties  that  this 

17579  agreement  is  not  intended  to  prohibit  the  voluntary  removal,  at 

17580  any  future  period,  of  all  or  either  of  the  aforesaid  chiefs  and 

17581  their  connections  to  the  district  of  country  south,  allotted  to 

17582  the  Florida  Indians  by  the  second  article  of  this  treaty,  wheii- 

17583  ever  either  or  [all  may  think  proper  to  make  such  an  election ; 

17584  the  United  States  reserving  the  right  of  ordering,  for  any  out- 

17585  rage  or  misconduct,  the  aforesaid  chiefs,  or  either  of  them,  with 

17586  their  connections,  within  the  district  of  country  south,  aforesaid 

17587  It  is  further  stipulated  by  the  United  States  that,  of  the  six 

17588  thousand   dollars   appropriated  for  implements  of  husbandry, 

17589  stock,  &c.,  in  the  third  article  of  this  treaty,  eight  hundred  dol- 

17590  lars  shall  be  distributed  in  the  same  manner  among  the  afore- 

17591  said  chiefs  and  their  towns;  audit  is  understood  that,  of  the 

17592  annual  sum  of  five  thousand  dollars,  to  be  distributed  by  the 

17593  President  of  the  United  States,  they  will  receive  their  propor- 

17594  tiou.     It  is  further  stipulated  that,  of  the  four  thousand  five 

17595  hundred  dollars,  and  two  thousand  dollars,  provided  for  by  the 

50  i  T 


394 

17596  5th  article  of  this  treaty,  for  the  payment  for  improvements  and 

17597  transportation,  five  hundred  dollars  shall  be  awarded  to  Neo 

17598  Mathla,  as  a  compensation  for  the  improvements  abandoned  by 

17599  him,  as  well  as  to  meet  the  expenses  he  will  unavoidably  be  ex- 

17600  posed  to  by  his  own  removal  and  that  of  his  connections. 

17601  Proclaimed  January  2,  1824. 


17602  FOXES. 

17603  A  treaty  of  peace  and  friendship  made  and  concluded  between  Will- 

17604  iam  Clark,  Ninian  Edwards,  and  Auyuste  Chouteau,  commis- 

17605  sioners-plempotentiary  of  the  United  States  of  America,  on  the 

17606  part  and  behalf  of  the  said  States,  of  the  one  part,  and  the 

17607  undersigned  king,  chiefs,  and  icarriors  of  the  Fox  Tribe  or 

17608  Nation,  on  the  part  and  behalf  of  the  said  tribe  or  nation  ,  oj 

17609  the  other  part. 

17610  The  parties  being  desirous  of  re-establishing  peace  and 

17611  friendship  between  the  United  States  and  the  said  tribe  or  nation , 

17612  and  of  being  placed  in  all  things,  and  in  every  repect,  on  the 

17613  same  footing  upon  which  they  stood  before  the  war,  have  agreed 

17614  to  the  following  articles: 

17615  ARTICLE  1.  Every  injury  or  act  of  hostility  by  one  or  either 

17616  of  the  contracting  parties  against  the  other  shall  be  mutually 

17617  forgiven  and  forgot. 

17618  ARTICLE  2.  There  shall  be  perpetual  peace  and  friendship 

17619  between  the  citizens  of  the  United  States  of  America  and  all 

17620  the  individuals  composing  the  said  Fox  Tribe  or  Nation, 

17621  ARTICLE  3.  The  contracting  parties  do  hereby  agree,  prom- 

17622  ise,  and  oblige  themselves,  reciprocally,  to  deliver  up  all  the 

17623  prisoners  now  in  their  hands,  (by  what  means  soever  the  same 

17624  may  have  come  into  their  possession,)  to  the  officer  commanding 

17625  at  Fort  Clark,  on  the  Illinois  River,  to  be  by  him  restored  to 

17626  their  respective  nations  as  soon  as  it  may  be  practicable. 

17627  ARTICLE  4.  The  said  Fox  Tribe  or  Nation  do  hereby  assent 

17628  to,  recognize,  re-establish,  and  confirm  the  treaty  of  St.  Louis, 

17629  which  was  concluded  on  the  third  day  of  November,  one  thou- 

17630  sand  eight  hundred  and  four,  to  the  full  extent  of  their  interest 

17631  in  the  same,  as  well  as  all  other  contracts  and   agreements 

17632  between  the  parties;  and  the  United  States  promises  to  fulfil 

17633  all  the  stipulations  contained  in  the  said  treaty  in  favor  of  the 

17634  said  Fox  Tribe  or  Nation. 

17635  Ratified  December  26,  ISIS. 


395 


17636  ILLINOIS. 

17637  A  treaty  made  and  concluded  by  and  between  Ninian  Edwards  and 

17638  Auguste  Chouteau,  commissioners  on  the  part  and  behalf  of  the 

17639  United  States  of  America,  of  the  one  part,  and  the  undersigned, 

17640  principal  chiefs  and  warriors  of  the  Peoria,  KaskasMa,  Mitch- 

17641  igamia,  Cahokia,  and  Tamarois  tribes  of  the  Illinois  Nation 

17642  of  Indians,  on  the  part  and  behalf  of  the  said  tribes,  of  the 

17643  other  part. 

17644  Whereas,  by  the  treaty  made  at  Vincenues,  on  the  thirteenth 

17645  day  of  August,  in  the  year  of  our  Lord  one  thousand  eight  hun- 

1 7646  tired  and  three,  between  the  United  States,  of  the  one  part,  and 

17647  the  head  chiefs  and  warriors  of  the  tribe  of  Indians  commonly 

17648  called  the  Kaskaskia  tribe,  but  which  was  composed  of,  and 

17649  rightfully  represented,   the  Kaskaskia,  Mitchigamia,  Cahokia, 

17650  and  Tamarois  tribes  of  the  Illinois  Nation  of  Indians,  of  the 

17651  other  part,  a  certain  tract  of  land  was  ceded  to  the  United 
1765U  States,  which  was  supposed  to  iuclude  all  the  land  claimed  by 

17653  those  respective  tribes,  but  which  did  not  include)  and  was  not 

17654  intended  to  include,  the  land  which  was  rightfully  claimed  by 

17655  the  Peoria  Indians,  a  tribe  of  the  Illinois  Nation,  who  then  did) 

17656  and  still  do,  live  separate  and  apart  from  the  tribes  above  men- 

17657  tioned,  and  who  were  not  represented  in  the  treaty  referred  to 

17658  above j  nor  ever  received  any  part  of  the  consideration  given  for 

17659  the  cession  of  land  therein  mentioned  5  and 

17660  Whereas  the  said  tribe  of  Peoria  'are  now  also  disposed  to 

17661  cede  all  their  land  to  the  United  States^  and,  for  the  purpose  of 
176GU  avoiding  any  dispute  with  regard  to  the  boundary  of  their  claim, 

17663  are  willing  to  unite  with  the  Kaskaskia,  Mitchigamia,  Cahokia, 

17664  and  Tamarois  tribes,  in  confirming  the  cession  of  land  to  the 

17665  United  States  which  was  made  by  the  treaty  above  referred  to> 

17666  and  in  extending  the  cession  so  as  to  include  all  the  land  claimed 

17667  by  those  tribes,  and  themselves,  respectively  : 

17668  ARTICLE  1,  For  which  purpose  the  undersigned,  head  chiefs 

17669  and  warriors  of  the  Peoria,  Kaskaskia,  Mitchigamia,  Cahokia^ 

17670  and  Tamarois  tribes  of  the  Illinois  Nation  of  Indians,  for  the 

17671  considerations  hereinafter  mentioned,  do  hereby  relinquish,  cede, 

17672  and  confirm,  to  the  United  States,  all  the  land  included  within 

17673  the  following'  boundaries,  viz:  Beginning  at  the  confluence  of 

17674  the  Ohio  and  Mississippi  Eivers ;  thence  up  the  Ohio  to  the 

17675  mouth  of  Saline  Creek,  about  twelve  miles  below  the  mouth  of 

17676  the  Wabash ;  thence  along  the  dividing  ridge  between  the  waters 

17677  of  said  creek  and  the  Wabash,  to  the  general  dividing  ridge 

17678  between  the  waters  which  fall  into  the  Wabash  and  those  which 

17679  fall  into  the  Kaskaskia  River  5  thence  along  the  said  ridge  until! 


396 

17680  it  reaches  the  waters  which  fall  into  the  Illinois  Eiver;  thence  a 

17681  direct  line  to  the  confluence  of  the  Kankakee  and  Maple  Elvers ; 
176813  thence  down  the  Illinois  Eiver  to  its  confluence  with  the  Missis- 

17683  sippi  Eiver,  and  down  the  latter  to  the  beginning. 

17684  ARTICLE  2.  It  is  mutually  agreed  by  the  parties  hereto 

17685  that  all  the  stipulations  contained  in  the  treaty  above  referred 

17686  to  shall  continue  binding  and  obligatory  on  both  parties. 

17687  ARTICLE  3.  The  United  States  will  take  the  Peoria  tribe, 

17688  as  well  as  the  other  tribes  hereinabove  mentioned,  under  their 

17689  immediate  care  and  patronage,  and  will  afford  them  a  protection 

17690  as  effectual,  against  any  other  Indian  tribes,  and  against  all 

17691  other  persons  whatever,  as  is  enjoyed  by  the  citizens  of  the 

17692  United  States.     And  the  said  Peoria  tribe  do  hereby  engage  to 

17693  refrain  from  making  war,  or  giving  any  insult  or  offence,  to  any 
1769-1  other  Indian  tribe,  or  to  any  foreign  nation,  without  first  having 

17695  obtained  the  approbation  and  consent  of  the  United  States. 

17696  ARTICLE  4.  In  addition  to  two  thousand  dollars7  worth  of 

17697  merchandize,  this  day  paid  to  the  above-mentioned  tribes  of  In- 

17698  dians,  the  receipt  whereof  is  hereby  acknowledged,  the  United 

17699  States  promise  to  pay  to  the  said  Peoria  tribe,  for  the  term  of 

17700  twelve  years,  an  annuity  of  three  hundred  dollars,  in  money, 

17701  merchandize,  or  domestic  animals,  at  the  option  of  the  said  tribe; 

17702  to  be  delivered  at  the  village  of  St.  Genevieve,  in  the  Territory 

17703  of  Missouri. 

17704  ARTICLE  5.     The  United  States  agree  to  cede  to  the  said 

17705  Peoria  tribe  six  hundred  and  forty  acres  of  land,  including  their 

17706  village  on  Blackwater  Eiver,  in  the  Territory  of  Missouri :  Pro- 

17707  vided,  That  the  said  tract  is  not  included  within  a  private  claim  ; 

17708  but  should  that  be  the  case,  then  some  other  tract  of  equal 

17709  quantity  and  value  shall  be  designated  for  said  tribe,  at  such 

17710  place  as  the  President  of  the  United  States  may  direct.     And 

17711  the  said  Peoria  tribe  hereby  agree  to  accept  the  same,  together 

17712  with  the  presents  now  given  them,  and  the  annuity  hereby 

17713  promised  them,  as  a  full  equivalent  for  all  and  every  tract  of 

17714  land  to  which  they  have  any  pretence  of  right  or  title. 

17715  Articles  of  a  treaty  made  and  entered  into  at  Castor  Hill,  in  the 

17716  county   of  tit.  Louis,  in  the  State  of  Missouri,  this  twenty - 

17717  seventh  day  of  October,  one  thousand  eight  hundred  and  thirty- 

17718  two,  between   William  Clark,  -Frank  J.-  Allen,  and  Nathan 

17719  Kouns,  commissioners  on  the  part  of  the  United  States,  of  the 

17720  one  part,  and  the  Kasl'aslda  and  Peoria  tribes,  which,  with  the 

17721  Michigamia,  Caholiia,  and  Tamarois  bands,  now  united  with  the 

17722  two  first-named  tribes,  formerly  composed  the  Illinois  Nation 

17723  of  Indians,  of  the  other  part. 

17724  Whereas  the  Kaskaskia  tribe  of  Indians  and  the   bauds 


397 


17725 

17720 

17727 

17728 

1772!) 

17730 

17731 

17732 

17733 

17734 

17735 

17736 

17737 

17738 

17739 

17740 

17741 

17742 

17743 

17744 

17745 

17740 

17747 

17748 

17749 

17750 

17751 

17752 

17753 

17754 

17755 

17750 

17757 

17758 

17759 

17700 

17701 

17702 

17703 

17704 

17705 

17700 

17707 

177C8 

17769 

17770 


aforesaid  united  therewith  are  desirous  of  uniting  with  the 
Peorias,  (composed  as  aforesaid,)  on  lands  west  of  the  State  of 
Missouri,  they  have  therefore  for  that  purpose  agreed,  with  the 
commissioners  aforesaid,  upon  the  following  stipulations  : 

ARTICLE  1.  The  Kaskaskia  tribe  of  Indians  and  the  several 
bands  united  with  them  as  aforesaid,  in  consideration  of  the 
stipulations  herein  made  on  the  part  of  the  United  States,  do 
forever  cede  and  release  to  the  United  States  the  lauds  granted 
to  them  forever  by  the  first  section  of  the  treaty  of  Yiucennes 
of  13th  August,  1803,  (see  page  423,)  reserving,  however,  to 
Ellen  Decoigue,  the  daughter  of  their  late  chief,  who  has  mar 
ried  a  white  man,  the  tract  of  land,  of  about  three  hundred  and 
fifty  acres,  near  the  town  of  Kaskaskia,  which  was  secured  to 
said  tribe  by  the  act  of  Congress  of  3d  March,  1793. 

ARTICLE  2.  The  Kaskaskia  tribe  further  relinquishes  to  the 
United  States  the  permanent  annuity  of  one  thousand  dollars, 
which  they  receive  under  the  third  article  of  the  aforesaid  treaty, 
and  their  salt  annuity  due  by  treaty  of  Fort  Wayne  of  7th 
June,  1803. 

ARTICLE  3.  The  Peoria  tribe  and  the  bauds  aforesaid, 
united  therewith,  cede  and  relinquish  to  the  United  States  all 
their  claims  to  land  heretofore  reserved  by  or  assigned  to  them 
in  former  treaties,  either  in  the  State  of  Illinois  or  Missouri. 

ARTICLE  4.  The  United  States  cede  to  the  combined  tribes 
of  Kaskaskias  and  Peorias,  and  the  bands  aforesaid  united  with 
them,  one  hundred  and  fifty  sections  of  land  forever,  or  as  long 
as  they  live  upon  it  as  a  tribe,  to  include  the  present  Peoria 
Village  west  of  the  State  of  Missouri,  on  the  waters  of  Osage 
Kiver,  to  be  bounded  as  follows,  to  wit :  North  by  the  lands 
assigned  to  the  Shawanoes  ;  west  by  the  western  line  of  the  res 
ervation  made  for  the  Piankeshaws,  Weas,  and  Peorias ;  and 
east  by  lauds  assigned  the  Piankeshaws  and  Weas. 

ARTICLE  5.  In  consideration  of  the  foregoing  cessions  and 
reliuquishments  the  United  [States]  agree  to  pay  to  the  said 
united  Kaskaskia  and  Peoria  tribes  (composed  as  aforesaid)  an 
annuity  of  three  thousand  dollars  for  ten  successive  years,  to  be 
paid  on  the  lands  assigned  them  in  common,  either  in  money, 
merchandise,  or  domestic  stock,  at  their  option  ;  if  in  merchan 
dise,  to  be  delivered  to  them  free  of  transportation. 

ARTICLE  0.  And  whereas  the  said  Peoria  tribe,  and  the 
bairds  united  witli  them  as  aforesaid,  assert  in  council  that  they 
never  understood  the  5th  article  of  the  treaty  of  Edwardsville  of 
25th  September,  1825,  as  ceding  to  the  United  States  their  claims 
to  lands  in  Missouri,  on  which  they  had  been  settled  for  a  length 
of  time  previous  to  that  treaty,  and  of  w  hich  they  had  had  pos 
session  for  more  than  sixty  years— and  now  demand  an  equivalent 


398 

17771  for  those  claims.     The  commissioners,  Avith  a  view  of  quieting  for- 

17772  ever  the  said  claims  and  all  demands  of  whatever  nature  which 

17773  said  Peoria  tribe  and  the  several  bands  united  therewith  as  afore  - 
17771  said   have  against  the  Government  or  citizens  of  the  United 
17775  States,  agree  to  pay,  viz :  to  the  Peorias  in  common  with  the 
1777G  Kaskaskias,  the  sum  of  sixteen  hundred  dollars ;  to  the  Kaskas- 

17777  Idas  alone,  for  seven  horses  lost  by  them,  and  for  salt-annuities 

17778  due  to  them  by  the  treaty  of  Fort  Wayne  aforesaid,  three  liuii- 

17779  dred  and  fifty  dollars;  to  the  Peorias  alone,  for  improvements 

17780  on  the  lauds  they  moved  from,  two  hundred  and  fifty  dollars; 

17781  to  the  united  Peorias  and  Kaskaskias,  there  shall  be  paid  and 

17782  delivered,  on  their  land,  as  soon  as  practicable  after  the  ratifica- 

17783  tiou  of  this  treaty,  cows  and  calves  and  other  stock  to  the  amount 

17784  of  four  hundred  dollars,  three  iron-bound  carts,  three  yoke  of 

17785  ozen,  and  six  plows.     There  shall  also  be  built  for  said  tribes  four 
17780  log-houses ;  for  breaking  up  ground  and  fencing  the  same,  three 

17787  hundred  dollars;  for  agricultural  implements,  iron,  and  steel, 

17788  fifty  dollars  per  annum  for  four  years.     There  shall  also  be  paid 

17789  to  the  said  united  tribes,  on  the  signing  of  this  treaty,  eight  hun- 

17790  dred  dollars  in  goods  suited  to  their  wants.     Assistance  shall 

17791  also  be  given  the  Kaskaskias  in  moving  to  their  lands,  and  pro- 

17792  visions  for  one  year  after  their  removal,  to  the  amount  of  one 

17793  thousand  dollars.     It  is  understood  that  any  stipulations  in  this 

17794  or  the  preceding  articles,  for  the  benefit  of  the  Peorias  or  Kas- 

17795  kaskias,  separately  or  united,  shall  embrace,  in  cither  case,  the 
17790  bands  before  mentioned,  united  with  either  or  both  tribes  as  the 

17797  case  may  be. 

17798  ARTICLE  7.  In  consideration  of  the  stipulations  contained 

17799  in  the  preceding  articles,  the  Peoria  and  Kaskaskia  tribes,  and 

17800  the  bands  of  Michigamia,  Cahokia,  and  Tamarois  Indians  united 

17801  with  them,  hereby  forever  cede  and  relinquish  to  the  United 

17802  States  their  claims  to  lands  within  the  States  of  Illinois  and 

17803  Missouri,  and  all  other  claims  of  whatsoever  nature  which  they 

17804  have  had  or  preferred  against  the  United  States  or  the  citizens 

17805  thereof,  up  to  the  signing  of  this  treaty. 

17800  ARTICLE  8.  This  treaty,  after  the  same  shall  be  ratified  by 

17807  the  President  and  Senate  of  the  United  States,  shall  be  obliga- 

17808  tory  on  the  contracting  parties. 

17809  Proclaimed  January  5,  1819. 


3D9 


17810  IOWAYS. 

17811  A  treaty  of  peace  and  friendship,  made  and  concluded  between  Will- 

17812  lam  Clark,  Ninian  Edwards,  and,  Auguste  Chateau,  commis. 

17813  sioners  plenipotentiary  of  the  United  States  of  America,  on  the 

17814  part  and  behalf  of  the  said  States,  of  the  one  part,  and  the 

17815  undersigned  kings,  chiefs,  and  warriors  of  the  loway  tribe  or 
17810  nation,  on  the  part  and  behalf  of  the  said  tribe  or  nation,  of 

17817  the  other  part. 

17818  The  parties  being  desirous  of  re-establishing  pence  and  friend- 

17819  ship  between  the  United  States  and  the  said  tribe  or  nation,  and 

17820  of  being  placed  in  all  things,  and  in  every  respect,  on  the  same 

17821  footing  upon  which  they  stood  before  the  war,  have  agreed  to 

17822  the  following  articles  : 

17823  ARTICLE  1.  Every  injury  or  act  of  hostility,  by  one  or  either 
17821  of  the  contracting  parties  against  the  other,  shall  be  mutually 
17825  forgiven  and  forgot. 

17820  ARTICLE  2.    There  shall  be  perpetual  peace  and  friendship 

17827  between  all  the  citizens  of  the  United  States  and  all  the  Individ 

17828  uals  composing  the  said  la  way  tribe  or  nation. 

17829  ARTICLE  3.  The  contracting  parties  do  hereby  agree,  proni- 

17830  ise,  and   oblige   themselves,  reciprocally,  to  deliver  up  all   the 

17831  prisoners  now  in  their  hands  (by  what  means  soever  the  same 

17832  may  have  come  into  their  possession)  to  the  officer  commanding 

17833  at  St.  Louis,  to  be  by  him  restored  to  their  respective  nations,  a 
17831  soon  as  it  may  be  practicable. 

17835  ARTICLE  4.  The  contracting  parties,  in  the  sincerity  of  niu- 

17830  tual  friendship,  recognize,  re-establish,  and  confirm  all  and  every 

17837  treaty,  contract,  and  agreement  heretofore  concluded  between 

17838  the  United  States  and  the  said  I  a  way  tribe  or  nation. 

17839  Ratified  December  26,  1815. 

17840  Articles  of  a  treatt/  made  and  concluded  at  the  city  of  Washington 

17841  on  the  fourth  day  of  August,  one  thousand  eight  hundred  and 

17842  twenty-four,  between  William  Clark,  superintendent  of  Indian 

17843  affairs,  being    specially   authorized   by  the  President  of  the 

17844  United  States  thereto,  and  the  undersigned   chiefs  and   head- 

17845  men,  of  the  loway  tribe  or  nation,  duly  authorized  and  empoir- 
1784.0  ered  by  the  said,  nation. 

17847  ARTICLE  1.  The  loway  tribe  or  nation  of  Indians,  by  their 

17848  deputies,  Ma-hos-kah,  (or  White  Cloud,)  and  Mah-ne-hah-uah, 

17849  (or  Great  Walker,)  in  council  assembled,  do  hereby  agree,  in  con- 

17850  sideration  of  a  certain  sum  of  money,  &c.,  to  be  paid  to  the  said 

17851  loway  tribe,  by  the  Government  of  the  United  States,  as  herein- 


400 

17852  after  stipulated,  to  cede  and  forever  quit-claim,  and  do,  in  be- 

17853  half  of  their  said  tribe,  hereby  cede,  relinquish,  and  forever  quit- 
17851  claim,  unto  the  United  States,  all  right,  title,  interest,  and  claim, 

17855  to  the  lands  which  the  said   loway  tribe  have,  or  claim,  within 

17856  the  State  of  Missouri,  and  situated  between  the  Mississippi  and 

17857  Missouri  .Rivers  and  a  line  running  from,  the  Missouri,  at  the 

17858  mouth  or  entrance  of  Kauzas  Elver,  north  one  hundred  miles, 

17859  to  the  northwest  corner  of  the  limits  of  the  State   of  Missouri, 

17860  and,  from  thence,  east  to  the  Mississippi, 

17861  ARTICLE  2.  It  is  hereby  stipulated  and  agreed,  on  the  part 

17862  of  the  United  States,  as  a  full  compensation  for  the  claims  and 

17863  lands  ceded  by  the  loway  tribe  in  the  preceding  article,  there 
17861  shall  be  paid  to  the  said  loway  tribe,  within  the  present  year, 

17865  in  cash  or  merchandise,  the  amount  of  live  hundred  dollars,  and 

17866  the  United  States  do  further  agree  to  pay  to  the  loway  tribe 

17867  live  hundred  dollars,  annually,  for  the  term  of  ten  succeeding 

17868  years. 

17869  ARTICLE  3.  The  chiefs  and  head-nieu  who  sign  this  treaty, 

17870  for  themselves,  and  in  behalf  of  their  tribe,  do  acknowledge  that 

17871  the  lauds  east  and  south  of  tbe  lines  described  in  the  first  article, 

17872  (which  has  been  run  and  marked  by  Colonel  Sullivan,)  so  far  as 

17873  the  Indians  claimed  the  same,  to  belong  to  the  United  States, 
17871  and  that  none  of  their  tribe  shall  be  permitted  to  settle  or  hunt 

17875  upon  any  part  of  it,  after  1st  day  of  January,  one  thousand 

17876  eight  hundred  and  twenty-six,  without  special  permission  from 

17877  the  superintendent  of  Indian  Affairs. 

17878  ARTICLE  4.  The  undersigned  chiefs,  for  themselves,  aud  all 

17879  parts  of  the  loway  tribe,  do  acknowledge  themselves  and  the 

17880  said  loway  tribe  to  be  under  the  protection  of  the  United  States 

17881  of  America,  and  of  no  other  sovereign  whatsoever;  and  they 

17882  also  stipulate  that  the  said  loway  tribe  will  not  hold  any  treaty 

17883  with  any  foreign   powers,  individual    State,  or  with  individuals 

17884  of  any  State. 

17885  ARTICLE  5.  The  United  States  engage  to  provide  and  sup- 

17886  port  a  blacksmith  for  the  lowny  tribe,  so  long  as  the  President 

17887  of  the  United  States  may  think  proper,  and  to  furnish  the  said 

17888  tribe  with  such  farming  utensils  and  cattle,  and  to  employ  such 

17889  persons  to  aid  them  in  their  agriculture  as  the  President  may 

17890  deem  expedient. 

17891  ARTICLE  6.  Tbe  annuities  stipulated  to  be  paid  by  the  sec- 

17892  oud  article,  to  be  paid  either  in  money,  merchandise,  provisions, 

17893  or  domestic  animals,  at  the   option  of  the  aforesaid  tribe  ;  and 

17894  when  the  said  annuities,  or  any  part  thereof,  is  paid  in  merchan- 

17895  dise,  it  is  to  be  delivered  to  them  at  the  first  cost  of  the  goods  at 

17896  St.  Louis,  free  from  cost  of  transportation. 

17897  ARTICLE  7.  This  treaty  shall  take  effect,  and  be  obligatory 


401 

17898  on  the  contracting  parties,  so  soon  as  the  same  shall  be  ratified 

17899  by  the  President  of  the  United  States,  by  and  with  the  advice 

17900  and  consent  of  the  Senate  thereof, 

17901  Proclaimed  January  18,  1825, 

17902  Articles  of  a  treaty  made  at  the  city  of  Saint  Louis,  between  Joshua 

17903  Pilcher,  thereto  specially  authorised  by  the  President  of  the 

17904  United   States,  and  the  loway  Indians,  by  their  chiefs  and 

17905  delegates. 

17906  ARTICLE  1.  The  loway  Indians  cede  to  the  United  States 

17907  all  the  right  and  interest  in  the  land  ceded  by  the  treaty  con- 

17908  eluded  with  them  and  other  tribes  on  the  15th  of  July,  1830, 

17909  (proclaimed  February  24,  1831,)  which  they  might  be  entitled 

17910  to  claim,  by  virtue  of  the  phraseology  employed  in  the  second 

17911  article  of  said  treaty. 

17912  ARTICLE  2.  In  consideration  of  the  cession  contained  in  the 

17913  preceding  article,  the  United  States  stipulate  to  pay  them  two 

17914  thousand  five  hundred  dollars  ($2,500)  in  horses,  goods,  and 

17915  presents,  upon  their  signing  this  treaty  in  the  city  of  Saint  Louis 

17916  ARTICLE  3.  The  expenses  of  this  negotiation  and  of  the 

17917  chiefs  and  delegates  signing  this  treaty,  to  the  city  of  Washing- 

17918  ton  and  to  their  homes,  to  be  paid  by  the  United  States. 

17919  ARTICLE  4.  This  treaty  to  be  binding  upon  the  contracting 

17920  parties  when  the  same  shall  be  ratified  by  the  United  States. 

17921  Proclaimed  February  21,  1838. 


17922  Articles  of  a  treaty  made  at  the  Great  Nemowhatc  sub-agency  be- 

17923  tween  John  Dougherty,  agent  of  Indian  affairs,  on  the  part  of 

17924  the  United  States,  being  specialty  authorized,  and  the  chiefs  and 

17925  head  men  of  the  loway  tribe  of  Indians  for  themselves,  and  on 

17926  the  part  of  their  tribe. 

17927  ARTICLE  1.  The  loway  tribe  of  Indians  cede  to  the  United 

17928  States— 

17929  First.  All  right  or  interest  in  the  country  between  the  Mis- 

17930  souri  and  Mississippi  Rivers,  and  the  boundary  between  the 

17931  Sacs  and  Foxes,  and  Sioux,  described  in  the  second  article  of 

17932  the  treaty  made  with  these  and  other  tribes,  on  the  19th  of 

17933  August,  1825,  (proclaimed   February   6,  1826,)  to  the  full  ex- 

17934  tent  to  which  said  claim  is  recognised  in  the  third  article  of 

17935  said  treaty,  and  all  interest  or  claim  by  virtue  of  the  provisions 

17936  of  any  treaties  since  made  by  the  United  States  with  the  Sacs 

17937  and  Foxes  of  the  Mississippi. 

17938  Second.  All  claims  or  interest  under  the  treaties  of  August 

51  i  T 


402 

17939  4,  1824,   July  15,   1830,   (see   page  399,)   and   September  17, 

17940  1836,  (see  page  407,)   except  so   much  of  the  last-mentioned 

17941  treaty  as  secures  to  them  two  hundred  sections  of  land,  tbe 

17942  erection  of  five  comfortable  houses,  to  enclose  and  break  up  for 

17943  them  two  hundred  acres  of  ground,  to  furnish  them  with  a  fer- 

17944  ry-boat,  one  hundred  cows  and  calves,  five  bulls,  one  hundred 

17945  head  of  stock-hogs,  a  mill,  and  interpreter. 

17946  ARTICLE  2.  In  consideration  of  the  cession  contained  in 

17947  tbe  preceding  article,  the  United  States  agree  to  the  following 

17948  stipulations  on  their  part : 

17949  First.  To  pay  to  the  said  loway  tribe  of  Indians  the  sum  of 

17950  one  hundred  and  fifty-seven  thousand  five  hundred  ($157,500) 

17951  dollars. 

17952  Second.  To  invest  said  sum  of  one  hundred  and  fifty-seven 

17953  thousand  five  hundred  (157,500)  dollars,  and  to  guaranty  them 

17954  an  annual  income  of  not  less  than  five  per  cent,  thereon  during 

17955  the  existence  of  their  tribe. 

17956  Third.  To  set  apart  annually  such  amount  of  said  income  as 

17957  the  chiefs  and  head-men  of  said  tribe  may  require,  for  the  sup, 

17958  port  of  a  blacksmith-shop,  agricultural  assistance,  and  education 

17959  to  be  expended  under  the  direction  of  the  President  of  the 

17960  United  States. 

17961  Fourth.  To  pay  out  of  said  income  to  Jeffrey  Derroin,  inter- 

17962  preter  for  said  tribe,  for  services  rendered,  the  sum  of  fifty  dol- 

17963  lars  annually  during  his  natural  life;  the  balance  of  said  income 

17964  shall  be  delivered,  at  the  cost  of  the  United  States,  to  said  tribe 

17965  of  loway  Indians  in  money  or  merchandise,  at  their  own  discre- 

17966  tiou,  at  such  time  and  place  as  the  President  may  direct :  Pro. 

17967  vided  always.  That  the  payment  shall  be  made  each  year  in  the 

17968  month  of  October. 

17969  ARTICLE  3.  The  United  States  further  agree  in  addition  to. 

17970  the  above  consideration  to  cause  to  be  erected  ten  houses  at  such 

17971  place  or  places  on  their  own  land  as  said  loways  may  select,  of 

17972  the  following  description,  (viz,)  each  house  to  be  ten  feet  high 

17973  from  bottom  sill  to  top  plate,  eighteen  by  twenty  feet  in  the 

17974  clear,  the  roof  to  be  well  sheeted  and  shingled,  the  gable-ends 

1 7975  to  be  weather-boarded,  a  good  floor  above  and  below,  one  door 

17976  and  two  windows  complete,  one  chimney  of  stone  or  brick,  and 

17977  the  whole  house  to  be  underpinned. 

17978  ARTICLE  4.  This  treaty  to  be  binding  upon  the  contracting 

17979  parties  when  the  same  shall  be  ratified  by  the  United  States. 

17980  Proclaimed  March  2,  1839. 

17981  !N.  B. — All  claims  and  demands  of  every  kind  and  descrip- 

17982  tion,  arising  under  former  treaties  in  favor  of  the  loways  upon 

17983  the  United  States,  are  released  by  the  12th  article  of  the  follow  - 

17984  ing  treaty  of  July  17,  1854. 


403 

17985  FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 
17980  to  all  and  singular  to  whom  these  presents  shall  come, 

179S7  greeting : 

17988  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

179S9  Washington  on  the  seventeenth  day  of  May,  one  thousand  eight 

17990  hundred  and  fifty-four,  by  George  W.  Manypenny,  commissioner 

17991  on  the  part  of  the  United  States,  and  the  following-named  del- 

17992  egates  of  the  loway  tribe  of  Indians,  viz  :  Nan-chee-ning-a,  or 

17993  No  Heart ;  Shoon-ty-ing-a,  or  Little  Wolf;  Wah-moon-a-kah,  or 

17994  the  Man  who   Steals ;   and  Nar-ge-ga-rash,  or  British ;   they 

17995  being  thereto  duly  authorized  by  said  tribe,  which  treaty  is  in 
1799G  the  words  following,  to  wit : 

17997  Articles  of  agreement  and  convention  made  and  concluded  at 

17998  the  city  of  Washington,  this  seventeenth  day  of  May,  one 

17999  thousand  eight  hundred  and  fifty-four,  by  George  W.  Many 

18000  penny,  commissioner  on  the  part  of  the  United  States,  and 

18001  the    following-named    delegates    of   the    loway    tribe    of 

18002  Indians,  viz :  Nan-chee-ning-a,  or  No  Heart ;  Shoon-ty-ing-a, 

18003  or  Little  Wolf;  Wah-inoon-a-ka,  or  the  Man  who  Steals; 

18004  and  Nar-ge-ga-rash,  or  British ;    they  being  thereto  duly 

18005  authorized  by  said  tribe. 

18006  ARTICLE  1.  The  loway  tribe  of  Indians  hereby  cede,  relin- 

18007  quish,  and  convey  to  the  United  States,  all  their  right,  title, 

18008  and  interest  in  and  to  the  country,  with  the  exception  herein- 

18009  after  named,  which  was  assigned  to  them  by  the  treaty  concluded 

18010  with  their  tribe  and  the  Missouri  band  of  Sacs  and  Foxes,  by 

18011  William  Clark,  superintendent  of  Indian  affairs,  on  the  seven- 

18012  teenth  of  September,  one  thousand  eight  hundred  and  thirty 

18013  six,  being  the  upper  half  of  the  tract  described  in  the  second 

18014  article  thereof,  as  "  the  small  strip  of  laud  on  the  south  side  of 

18015  the  Missouri  Eiver,  lying  between  the  Kickapoo  northern  bound- 

18016  ary-line  and  the  Grand  Neniahaw  Elver,  and  extending  from  the 

18017  Missouri  back  and  westvvardly  with  the  said  Kickapoo  line  and 

18018  the  Grand  Nemahaw,  making  four  hundred  sections  ;  to  be  di- 

18019  vided  between  the  said  loways  and  Missouri  band  of  Sacs  and 

18020  Foxes ;  the  lower  half  to  the  Sacs  and  Foxes,  the  upper  half  to 

18021  the  loways,"  but  they  except  and  reserve  of  said  country,  so 

18022  much  thereof  as  is  embraced  within  and  designated  by  the  fol 

18023  lowing  metes  and  bounds,  viz  :  Beginning  at  the  mouth  of  the 

18024  Great  Nemahaw  Eiver  where  it  empties  into  the  Missouri ; 

18025  thence  down  the  Missouri  River  to  the  mouth  of  Noland's  Creek  ; 

18026  thence  due  south  one  mile;  thence  due  west  to  the  south  fork 

18027  of  the  Nemahaw  Eiver;  thence  down  the  said  fork  with  its 

18028  meanders  to  the  Great  Nemahaw  Eiver,  and  thence  with  the 

18029  meanders  of  said  river  to  the  place  of  beginning;  which  couu- 


404 

18030  try.  it  is  hereby  agreed,  shall  be  the  future  and  permanent  home 

18031  of  the  loway  Indians. 

18032  ARTICLE  2.  In  consideration  of  the  cession  made  in  the 

18033  preceding  article,  the  United  States  agree  to  pay,  in  the  manner 

18034  hereinafter  prescribed,  to  the  loway  Indians,  all  the  moneys  re- 

18035  ceived  from  the  sales  of  the  lands  which  are  stipulated  in  the 

18036  third  article  hereof  to  be  surveyed  and  sold,  after  deducting 

18037  therefrom  the  costs  of  surveying,  managing,  and  selling  the 

18038  same. 

18039  ARTICLE  3.  The  United  States  agree  to  have  surveys  made 

18040  of  the  country  ceded  by  the  loways  in  article  first  in  the  same 

18041  manner  that  the  public  lands  are  surveyed,  and  as  soon  as  it  can 

18042  conveniently  be  done;   and   the  President,   after  the  surveys 

18043  shall  have  been  made  and  approved,  shall  proceed  to  offer  said 

18044  surveyed  land  for  sale,  at  public  auction,  being  governed  therein 

18045  by  the  laws  of  the  United  States  respecting  sales  of  public 

18046  lands ;  and  such  of  said  lands  as  may  not  be  sold  at  public  sales 

18047  shall  be  subject  to  private  entry  in  the  manner  that  private 

18048  entries  are  made  of  United  States  land ;  and  all  the  land  re- 

18049  maining  unsold  after  being  for  three  years  subject  to  private 

18050  entry  at  the  minimum  Government  price  may,  by  act  of  Con- 

18051  gress,  be  graduated  and  reduced  in  price  until  the  whole  is  dis- 

18052  posed  of,  proper  regard  being  had,  in  making  such  reduction,  to 

18053  the  interests  of  the  loways  and  the  speedy  settlement  of  the 

18054  country.    Until  after  the  said  land  shall  have  been  surveyed, 

18055  and  the  surveys  approved,  no  white  persons  or  citizens  shall  be 

18056  permitted  to  make  thereon  any  location  or  settlement ;  and  the 

18057  provisions  of  the  act  of  Congress  approved  on  the  third  day 

18058  of  March,  one  thousand  eight  hundred  and  seven,  relating  to 

18059  lands  ceded  to  the  United  States,  shall,  so  far  as  they  are  appli- 

18060  cable,  be  extended  over  the  lands  herein  ceded. 

18061  ARTICLE  4.  It  being  understood  that  the  present  division- 

18062  line  between  the  loways  and  the  Sacs  and  Foxes  of  Missouri,  as 

18063  run  by  Isaac  McCoy,  will,  when  the  surveys  are  made,  run  diag 

18064  onally  through  many  of  the  sections,  cutting  them  into  frac 

18065  tions ;  it  is  agreed  that  the  sections  thus  cut  by  said  line,  com- 

18066  mencing  at  the  junction  of  the  Wolf  with  the  Missouri  River, 

18067  shall  be  deemed  and  taken  as  part  of  the  land  hereinbefore 

18068  ceded  and  directed  to  be  sold  for  the  benefit  of  the  loways, 

18069  until  the  quantity  thus  taken,  including  the  before-recited  reser- 

18070  vation,  and  all  the  full  sections  north  of  said  line,  shall  amount 

18071  to  two  hundred  sections  of  land.    And  should  the   Sacs  and 

18072  Foxes  of  Missouri  consent  to  a  change  of  their  residence  and  be 

18073  so  located  by  the  United  States  as  to  occupy  any  portion  of  the 

18074  land  herein  ceded  and  directed  to  be  sold  for  the  benefit  of  the 

18075  loways,  west  of  the  tract  herein  reserved,  the  loways  hereby 


405 

18076  agree  to  the  same,  and  consent  to  such  an  arrangement,  upon 

18077  the  condition  that  a  quantity  of  land   equal  to  that  which 

18078  may  be  thus  occupied  by  the  Sacs  and  Foxes,  and  of  as  good 

18079  quality,  shall  be  set  apart  for  them  out  of  the  country  now  occu- 

18080  pied  by  the  last-named  tribe,  CDntiguous  to  said  division-line, 

18081  and  sold  for  their  benefit,  as  hereinbefore  provided. 

18082  ARTICLE  5.  As  the  receipts  from  the  sales  of  the  lands 

18083  cannot  now  be  determined,  it  is  agreed  that  the  whole  subject 
1^084  shall  be  referred  to  the  President  of  the  United  States,  who  may, 
18085  from  time  to  time,  prescribe  how  much  of  the  proceeds  thereof 
18080  shall  be  paid  out  to  the  loway  people,  and  the  time  and  mode  of 

18087  such  payment,  and  also  how  much  shall  be  invested  in  safe  and 

18088  profitable  stocks,  the  principal  of  which  to  remain  unimpaired, 

18089  and  the  interest  to  be  applied  annually  for  the  civilization,  edu- 

18090  cation,  and  religious  culture  of  the  loways  and  such  other  ob- 

18091  jects  of  a  beneficial  character  as  may  be  proper  and  essential  to 

18092  their  well-being  and  prosperity :  provided,  that,  if  necessary, 

18093  Congress  may,  from  time  to  time,  bylaw,  make  such  regulations 
18091  in  regard  to  the  funds  arising  from  the  sale  of  said  lands,  and 
18095  the  application  thereof  for  the  benefit  of  the  loways,  as  may  in 
18090  the  wisdom  of  that  body  seem  just  and  expedient. 

18097  ARTICLE   0.  The  President  may  cause  the  country  the 

18098  loways  have  reserved  for  their  future  home  to  be  surveyed,  at 

18099  their  expense,  and  in  the  same  way  as  the  public  lands  are  sur- 

18100  veyed,  and  assign  to  each  person  or  family  such  portion  thereof 

18101  as  their  industry  and  ability  to  manage  business  affairs  may,  in 

18102  his  opinion,  render  judicious  and  proper ;  and  Congress  may 

18103  hereafter  provide  for  the  issuing  to  such  persons  patents  for  the 

18104  same,  with  guards  and  restrictions  for  their  protection  in  the 

18105  possession  and  enjoyment  thereof. 

18100  ARTICLE  7.  Appreciating  the  importance  and  the  benefit 

18107  derived  from  the  mission  established  among  them  by  the  board 

18108  of  foreign   missions   of  the  Presbyterian  Church,  the  loways 

18109  hereby  grant  unto  the  said  board  a  tract  of  three  hundred  and 

18110  twenty  acres  of  land,  to  be  so  located  as  to  include  the  improve- 

18111  ments  at  the  mission,  and  also  a  tract  of  one  hundred  and  sixty 

18112  acres  of  timbered  land,  to  be  selected  by  some  agent  of  the  board 

18113  from  the  legal  subdivisions  of  the  surveyed    land;  and   the 

18114  President  shall  issue  a  patent  or  patents  for  the  same,  to  such 

18115  person  or  persons  as  said  board  may  direct.    They  further  grant 
18110  to  John  B.  Eoy,  their  interpreter,  a  tract  of  three  hundred  and 

18117  twenty  acres  of  land,  to  be  selected  by  him  in  "  Wolfs  Grove,11 

18118  for  which  the  President  shall  also  issue  a  patent. 

18119  ARTICLE  8.  The  debts  of  Indians  contracted  in  their  private 

18120  dealings  as  individuals,  whether  to  traders  or  otherwise,  shall 

18121  not  be  paid  out  of  the  general  fund. 


406 

18122  ARTICLE  9.  As  some  time  must  elapse  before  any  benefit 

18123  can  be  derived  from  the  proceeds  of  the  sale  of  their  land,  and 

18124  as  it  is  desirable  that  the  loways  should  at  once  engage  in 

18125  agricultural  pursuits  and  in  making  improvements  on  the  tract 

18126  hereinbefore  reserved  for  them,  it  is  hereby  agreed  that,  of  the 

18127  fund  of  one  hundred  and  fifty-seven  thousand  five  hundred  dol- 

18128  lars,  set  apart  to  be  invested  by  the  second  clause  of  the  second 

18129  article  of  the  treaty  concluded  on  the  nineteeth  day  of  October, 

18130  one  thousand  eight  hundred  and  thirty-eight,  a  sum  not  exceeding 

18131  one  hundred  thousand  dollars  shall  be  paid  to  the  Indians,  or 

18132  expended  under  the  direction  of  the  President,  for  the  erection 

18133  of  houses,  breaking  and  fencing  lands,  purchasing  stock,  farming 

18134  utensils,  seeds,  and  such  other  articles  as  may  be  necessary  for 

18135  their  comfort.     Fifty  thousand  dollars,  or  so  much  thereof  as 

18136  may  be  deemed  expedient,  to  be  paid  during  the  year  commenc- 

18137  ing  on  the  first  of  October,  one  thousand  eight  hundred  and 

18138  fifty-four;   and  the  other  fifty  thousand  dollars,  or   so   much 

18139  thereof  as  shall  be  deemed  expedient,  to  be  paid  during  the  year 

18140  commencing  on  the  first  of  October,  one  thousand  eight  hundred 

18141  and  fifty-five.    The  residue  of  said  fund  of  one  hundred  and  fifty  - 

18142  seven  thousand  five  hundred  dollars  on  hand  after  the  payments 

18143  herein  provided  for  have  been  made  shall  remain  as  a  trust  fund, 

18144  the  interest  upon  which,  as  well  as  the  interest  that  may  have 

18145  accrued  on  the  portion  drawn  out,  shall  be  applied,  under  the 

18146  direction  of  the  President,  to  educational  or   other  beneficial 

18147  purposes  among  the  loways. 

18148  ARTICLE  10.  It  is  agreed  that  all  roads  and  highways  laid 

18149  out  by  authority  of  law  shall  have  a  right  of  way  through  the 

18150  lands  herein  reserved,  on  the  same  terms  as  are  provided  by  law 

18151  when  roads  and  highways  are  made  through  the  lands  of  citizens 

18152  of  the  United  States  5  and  railroad  companies,  when  the  lines  of 

18153  their  roads  necessarily  pass  through  the  lands  of  the  loways, 

18154  shall  have  right  of  way  on  the  payment  of  a  just  compensation 

18155  therefor  in  money. 

18156  ARTICLE  11.  The  loways  promise  to  renew  their  efforts  to 

18157  suppress  the  introduction  and  use  of  ardent  spirits  in  their 

18158  country,  to  encourage  industry,  thrift,  and  morality,  and  by  every 

18159  possible  effort  to   promote  their  advancement  in   civilization. 

18160  They  desire  to  be  at  peace  with  all  men,  and  they  bind  them- 

18161  selves  to  commit  no  depredation  or  wrong  upon  either  Indians 

18162  or  citizens,  and  whenever  difficulties  arise  they  will  abide  by  the 

18163  laws  of  the  United  States,  in  such  cases  made  and  provided,  as 

18164  they  expect  to  be  protected  and  to  have  their  rights  vindicated 

18165  by  them. 

18166  ARTICLE  12.  The  loway  Indians  release  the  United  States 

18167  from  all  claims  and  demands  of  every  kind  and  description 


407 

18168  arising  under  former  treaties,  and  agree  to  remove  themselves 

18169  within  six  months  after  the  ratification  of  this  instrument,  to 

18170  the  lands  herein  reserved  for  their  homes,  in  consideration 

18171  whereof  the  United  States  agree  to  pay  to  said  Indians  five 

18172  thousand  dollars,  two  thousand  of  which,  with  such  portion  of 

18173  balances  of  former  appropriations  of  interest-fund  as  may  not 

18174  now  be  necessary  under  specific  heads,  may  be  expended  in  the 

18175  settlement  of  their  affairs  preparatory  to  removal. 

18176  ARTICLE  13.  The  object  of  this  instrument  being  to  advance 

18177  the  interests  of  the  loway  people,  it  is  agreed,  if  it  prove  insuffi- 

18178  cient,  from  causes  which  cannot  now  be  foreseen,  to  effect  these 
18170  ends,  that  the  President  may,  by  and  with  the  advice  and  cou- 

18180  sent  of  the  Senate,  adopt  such  policy  in  the  management  of  their 

18181  affairs  as,  in  his  judgment,  may  be  most  beneficial  to  them,  or 

18182  Congress  may  hereafter  make  such  provision  by  law  as  experi- 

18183  ence  shall  prove  to  be  necessary. 

18181  ARTICLE  14.  This  instrument   shall   be  obligatory  on  the 

18185  contracting  parties  whenever  the  same  shall  be  ratified  by  the 

18186  President  and  the  Senate  of  the  United  States. 

18187  Proclaimed  July  17, 1854. 


18188    10 WAYS  AND  SACKS  AND  FOXES  OF  TUP]  MISSOURI. 


18189  Articles  of  a  treaty  made  and  concluded  at  Fort  Leavenworth,  on 

18190  the  Missouri  River,  between  William  Clark,  Superintendent  of 

18191  Indian  affairs,  on  the  part  of  the  United  States,  of  the  one 

18192  part,  and  the  undersigned  chiefs,  warriors,  and  counsellors  of 

18193  the  loway  tribe  and  the  band  of  Sacks  and  Foxes  of  the  Mis- 

18194  souri,  (residing  west  of  the  State  of  Missouri,)  in  behalf  of  their 

18195  respective  tribes,  of  the  other  part. 

18196  ARTICLE  1.  By  the  first  article  of  the  treaty  of  Prairie  du 

18197  Chien,  held  the  fifteenth  day  of  July,  1830,  (proclaimed  Febru- 

18198  ary  24,  1831,)  with  the  confederated  tribes  of   Sacks,  Foxes, 

18199  loways,  Ornahaws,  Missourias,  Ottoes,  and  Sioux,  the  country 

18200  ceded  to  the  United  States  by  that  treaty  is  to  be  assigned  and 

18201  allotted  under  the  direction  of  the  President  of  the  United 
L8202  States  to  the  tribes  living  thereon,  or  to  such  other  tribes  as 

18203  the  President  may  locate  thereon,  for  hunting  and  other  pur- 

18204  poses.    And  whereas  it  is  further  represented  to  us,  the  chiefs, 

18205  warriors,  and  counsellors  of  the  loways  and  Sack  and  Fox  band 

18206  aforesaid,  to  be  desirable  that  the  lands  lying  between  the  State 

18207  of  Missouri  and  the  Missouri  Eiver  should  be  attached  to  and 

18208  become  part  of  said  State,  and  the  Indian  title  thereto  be  entirely 


408 

18209  extinguished;  but  that,  notwithstanding,  as  these  lands  com- 

18210  pose  a  part  of  the  country  embraced  by  the  provisions  of  said 

18211  first  article  of  the  treaty  aforesaid,  the  stipulations  thereof  will 

18212  be  strictly  observed  until  the  assent  of  the  Indians  interested  is 

18213  given  to  the  proposed  measure. 

18214  Xow  we,  the  chiefs,  warriors,  and  counsellors  of  the  loways 

18215  and  Missouri  band  of  Sacks  and  Foxes,  fully  understanding 

18216  the  subject,  and  well  satisfied  from  the  local  position  of  the 

18217  lands  in  question,  that  they  never  can  be  made  available  for 
.18218  Indian  purposes,  and  that  an  attempt  to  place  an  Indian  popu- 

18210  lation  on  them  must  inevitably  lead  to  collisions  with  the  citi- 

18220  zens  of  the  United  States ;  and  further  believing  that  the  exten- 

18221  sion  of  the  State  line  in  the  direction  indicated  would  have  a 

18222  happy  effect,  by  presenting  a  natural  boundary  between  the 

18223  whites  and  Indians ;  and  willing,  moreover,  to  give  the  United 

18224  States  a  renewed  evidence  of  our  attachment  and  friendship,  do 

18225  hereby  for  ourselves,  and  on  behalf  of  our  respective  tribes, 

18226  (having  full  power  and  authority  to  this  effect,)  forever  cede, 

18227  relinquish,  and  quit-claim,  to  the  United  States,  all  our  right, 

18228  title,  and  interest  of  whatsoever  nature  in  and  to  the  lands  lying 

18229  between  the  State  of  Missouri  and  the  Missouri  Eivcr,  and  do 

18230  freely  and  fully  exonerate  the  United  States  from  any  guarantee, 

18231  condition,  or  limitation,  expressed  or  implied,  under  the  treaty  of 

18232  Prairie  du  Chien  aforesaid,  or  otherwise,  as  to  the  entire  and 

18233  absolute  disposition  of  the  said  lands,  fully  authorizing  the 

18234  United  States  to  do  with  the  same  whatever  shall  seem  expedi- 

18235  ent  or  necessary. 

18236  As  a  proof  of  the  continued  friendship  and  liberality  of  the 

18237  United  States  toward  the  loways  and  band  of  Sacks  and  Foxes 

18238  of  the  Missouri,  and  as  an  evidence  of  the  sense  entertained  for 

18239  the  good-will  manifested  by  said  tribes  to  the  citizens  and  Gov- 

18240  eminent  of  the  United  States,  as  evinced  in  the  preceding  ces- 

18241  sion  or  relinquishmeut,  the  undersigned,  William  Clark,  agrees, 

18242  on  behalf  of  the  United  States,  to  pay  as  a  present  to  the  said 

18243  loways  and  band  of   Sacks   and  Foxes  seven  thousand   five 

18244  hundred  dollars  in  money,  the  receipt  of  which  they  hereby 

18245  acknowledge. 

18246  ARTICLE  2.  As  the  said  tribes  of  loways  and  Sacks  and 

18247  Foxes  have  applied  for  a  small  piece  of  laud,  south  of  the  Mis- 

18248  souri,  for  a  permanent  home,  on  which  they  can  settle,  and  re- 

18249  quest  the  assistance  of  the  Government  of  the  United  States  to 

18250  place  them  on  this  land,  in  a  situation  at  least  equal  to  that 

18251  they  now  enjoy  on  the  land  ceded  by  them  :  Therefore  I,  Wil- 

18252  Ham  Clark,  superintendent  of  Indian  affairs,  do  further  agree, 

18253  on  behalf  of  the  United  States,  to  assign  to  the  loway  tribe, 
38254  and  Missouri  band  of  Sacks  and  Foxes,  the  small  strip  of  land 


409 

18255  on  the  south  side  of  the  Missouri  Kiver,  lying   between  the 

18256  Kickapoo    northern   boundary-line  and   the    Grand  Kemahar 

18257  Kiver,  and  extending  from  the  Missouri  back  and  westwardly 

18258  with  the  said  Kickapoo  line  and  the  Grand  Nemahar,  making 

18259  four  hundred  sections;  to  be  divided  between  the  said  loways 
182GO  and  Missouri  baud  of  Sacks  and  Foxes,  the  lower  half  to  the 
1826 1.  Sacks  and  Foxes,  the  upper  half  to  the  loways. 

18262  ARTICLE  3.  The  loways  and  Missouri  band  of  Sacks  and 

18263  Foxes  further  agree  that  they  will  move  and  settle  on  the  lauds 

18264  assigned  them  in  the  above  article,  as  soon  as  arrangements  can 

18265  be  made  by  them  ;  and  the  undersigned,  William  Clark,  in  be- 

18266  half  of  the  United  States,  agrees  that,  as  soon  as  the  above 

18267  tribes  have  selected  a  site  for  their  villages,  and  places  for  their 

18268  fields,  and  moved  to  them,  to  erect  for  the  loways  five  comforta- 

18260  ble  houses ;  to  enclose  and  break  up  for  them  two  hundred  acres 

18270  of  ground  ;  to  furnish  them  with  a  farmer,  a  blacksmith,  school- 

18271  master,  and  interpreter,  as  long  as  the  President  of  the  United 

18272  States  may  deem  proper;  to  furnish  them  with  such  agricul- 

18273  tural  implements  as  may  be  necessary,  for  five  years  ;  to  furnish 
18271  them  with  rations  for  one  year,  commencing  at  the  time  of  their 

18275  arrival  at  their  new  homes;  to  furnish  them  with  one  ferry  - 

18276  boat;  to  furnish  them  with  one  hundred  cows  and  calves,  and 

18277  five  bulls,  and  one  hundred  stock-hogs  when  they  require  them  ; 

18278  to  furnish  them  with  a  mill,  and  assist  in  removing  them,  to 
18270  the  extent  of  five  hundred  dollars.     And  to  erect  for  the  Sacks 

18280  and  Foxes  three  comfortable  houses  ;  to  enclose  and  break  up 

18281  for  them  two  hundred  acres  of  ground  ;  to  furnish  them  with  a 

18282  farmer,  blacksmith,  schoolmaster,  and  interpreter,  as  long  as 

18283  the  President  of  the  United  States  may  deem  proper  ;  to  furnish 

18284  them  with  such  agricultural  implements  as  may  be  necessary, 

18285  for  five  years  ;  to  furnish  them  with  rations  for  one  year,  com- 

18286  meucing  at  the  time  of  their  arrival  at  their  new  home ;  to 

18287  furnish  them  with  one  ferry-boat ;  to  furnish  them  with  one  huri- 

18288  dred  cows  and  calves,  and  five  bulls,  one  hundred  stock-hogs 
18280  when  they  require  them  ;  to  furnish  them  with  a  mill ;  and  to 

18200  assist  in  removing  them,  to  the  extent  of  four  hundred  dollars. 

18201  ARTICLE  4.  This  treaty  shall  be  obligatory  on  the  tribes, 

18202  parties   hereto,  from   and   after  the  date  hereof,  and  on  the 

18203  United  States  from  and  after  its  ratification  by  the  Government 

18204  thereof. 

18205  Proclaimed  February  15,  1837. 

52  i  T 


410 


1S29G  KANSAS. 

18297  A  treaty  of  peace  and  friendship  made  and  concluded  between 

18208  Sinian  Edwards  and  Auyuste  Chouteau,  commissioners  plen- 

18299  ipotentiary  of  the  United  States  of  America,  on  the  part  and 

18300  behalf  of  the  said  States,  of  one  part,*  and  the  undersigned 

18301  chiefs  and  warriors  of  the  Kansas  tribe  of  Indians,  on  the 

18302  part  and  behalf  of  their  said  tribe,  of  the  other  part. 

18303  The  parties  being"  desirous  of  re-establishing  peace  and 

18304  friendship  between  the  United  States  and  their  said  tribe,  and 

18305  of  being  placed  in  all  things  and  in  every  respect  upon  the  same 

18306  footing  upon  which  they  stood  before  the  late  war  between  the 

18307  United  States  and  Great  Britain,  have  agreed  to  the  following 

18308  articles : 

18309  ARTICLE  1.  Every  injury  or  act  of  hostility  by  one  or  either 

18310  of  the  contracting  parties  against  the  other  shall  be  mutually 

18311  forgiven  and  forgot. 

18312  ARTICLE  2.  There  shall  be  perpetual  peace  and  friendship 

18313  between  all  the  citizens  of  the  United  States  of  America  and 

18314  all  the  individuals  composing  the  said  Kanzas  tribe,  and  all  the 

18315  friendly  relations  that  existed  between  them  before  the  war  shall 
1831G  be.  and  the  same  are  hereby,  renewed. 

18317  ARTICLE  3.  The  undersigned  chiefs  and  warriors,  for  tlicin- 

18318  selves  and  their  said  tribe,  do  hereby  acknowledge  themselves 

18319  to  be  under  the  protection  of  the  United  States  of  America,  and 

18320  of  no  other  nation,  power,  or  sovereign,  whatsoever. 

18321  Ratified  December  26,  1818. 

18322  Articles  of  a  treaty  made  and  concluded  at  the  city  of  Saint  Louis, 

18323  in  the  State  of  Missouri,  between  William  Clark,  superintend- 

18324  ant  of  Indian  affairs,  commissioner  on  the  part  of  the  United 

18325  States  of  America,  and  the  undersigned  chiefs,  head-men,  and 
1832G  warriors  of  the  Kansas  Nation  of  Indians,  duly  authorized 

18327  and  empowered  by  said  nation. 

18328  ARTICLE  1.  The  Kansas  do  hereby  cede  to  the  United  States 

18329  all  the  lauds  lying  within  the  State  of  Missouri  to  which  the 

18330  said  nation  have  title  or  claim  ;  and  do  further  cede  and  relin- 

18331  quish,  to  the  said  United  States,  all  other  lands  which  they  now 

18332  occupy,  or  to  which  they  have  title  or  claim,  lying  west  of  the 

18333  said  State  of  Missouri,  and  within  the  following  boundaries : 

18334  .Beginning  at  the  entrance  of  the  Kansas  River  into  the  Missouri 

18335  River;  from  thence  north  to  the  northwest  corner  of  the  State 
1833G  of  Missouri $  from  thence  westwardly  to  the  Node  wa  River,  thirty 
18337  miles  from   its  entrance  into  the  Missouri ;  thence  to  the  en- 


411 


18338 
18330 
18340 
18341 
18342 
18343 
18344 
18345 
18346 
18347 
18348 
18349 
18350 
18351 
18352 
18353 
18354 
18355 
1S35G 
18357 
18353 
18359 
183GO 
183G1 
183G2 
183G3 
183G4 
183G5 
183GG 
183G7 
183G8 
183G9 
18370 
18371 
18372 
18373 
18374 
18375 
1837G 
18377 
18378 
18379 
18380 
18381 
18382 
18383 


trance  of  the  Big  NemahaKiverinto  the  Missouri,  ami  \vith  that  riv 
er  to  its  source 5  from  thence  to  the  source  of  the  Kansas  River, 
leaving  the  old  village  of  the  Pauia  Republic  to  the  west 5  from 
thence,  on  the  ridge  dividing  the  waters  of  the  Kansas  River 
from  those  of  the  Arkansas,  to  the  western  boundary  of  the 
State  line  of  Missouri,  and  with  that  line  thirty  miles  to  the 
place  of  beginning. 

ARTICLE  2.  From  the  cession  aforesaid,  the  following  reser 
vation  far  the  use  of  the  Kansas  Nation  of  Indians  shall  be 
made,  of  a  tract  of  laud,  to  begin  twenty  leagues  up  the  Kansas 
River,  and  to  include  their  village  on  that  river ;  extending 
west  thirty  miles  in  width,  through  the  lands  ceded  in  the  first 
article,  to  be  surveyed  and  marked  under  the  direction  of  the 
President,  and  to  such  extent  as  he  may  deem  necessary,  and  at 
the  expense  of  the  United  States.  The  agents  for  the  Kansas, 
and  the  persons  attached  to  the  agency,  and  such  teachers  and 
instructors  as  the  President  shall  authorize  to  reside  near  the 
Kansas,  shall  occupy,  during  his  pleasure,  such  lands  as  maybe 
necessary  for  them  within  this  reservation. 

ARTICLE  3.  In  consideration  of  the  cession  of  land  and  re- 
linquishments  of  claims,  made  in  the  first  articles,  the  United 
States  agree  to  pay  to  the  Kansas  Nation  of  Indians  three  thou 
sand  five  hundred  dollars  per  annum,  for  twenty  successive 
years,  at  their  villages,  or  at  the  entrance  of  the  Kansas  River, 
either  in  inoue3T,  merchandize,  provisions,  or  domestic  animals, 
at  the  option  of  the  aforesaid  nation  ;  and  when  the  said  annui 
ties,  or  any  part  thereof,  is  paid  in  merchandize,  it  shall  be  de 
livered  to  them  at  the  first  cost  of  the  goods  in  Saint  Louis,  free 
of  transportation. 

ARTICLE  4.  The  United  States,  immediately  upon  the  rati 
fication  of  this  convention,  or  as  soon  thereafter  as  may  be, 
shall  cause  to  be  furnished  to  the  Kansas  Nation  three  hundred 
head  of  cattle,  three  hundred  hogs,  five  hundred  domestic  fowls, 
three  yoke  of  oxen,  and  two  carts,  with  such  implements  of 
agriculture  as  the  superinteudaut  of  Indian  affairs  may  think 
necessary ;  and  shall  employ  such  persons  to  aid  and  instruct 
them  in  their  agriculture,  as  the  President  of  the  United  States 
may  deem  expedient ;  and  shall  provide  and  support  a  black 
smith  for  them. 

ARTICLE  5.  Out  of  the  lands  herein  ceded  by  the  Kanzas 
Nation  to  the  United  States,  the  commissioner  aforesaid,  in  be 
half  of  the  said  United  States,  doth  further  covenant  and  agree 
that  thirty-six  sections  of  good  lands,  on  the  Big  Blue  River? 
shall  be  laid  out  under  the  direction  of  the  President  of  the 
United  States,  and  sold  for  the  purpose  of  raising  a  fund,  to  be 
applied,  under  the  direction  of  the  President,  to  the  support  of 


412 

18384  schools  for  the  education  of  the  Kauzas  children  within  their 

18385  nation. 

18386  ARTICLE  6.  From  the  lands  above  ceded  to  the  United  States 

18387  there  shall   be   made  the  following  reservations,  of  one  mile 

18388  square,  for  each  of  the  half-breeds  of  the  Kanzas  Nation,  viz : 

18389  For  Adel  and  Clement,  the  two  children  of  Clement ;  for  Josette, 

18390  Julie,  Pelagie,  and  Yictorie,  the  four  children  of  Louis  Gonvil ; 

18391  for  Marie  and  Lafleche,  the  two  children  of  Baptiste  of  Gonvil ; 

18392  for  La  venture,  the  sou  of  Francis  Laveuture  ;  for  Elizabeth  and 

18393  Pierre  Carbouau,  the  children  of  Pierre  Brisa ;  for  Louis  Jon- 
18391  cas  ;  for  Basil  Joncas ;  for  James  Joncas  ;  for  Elizabeth  Datche- 

18395  rate,  daughter  of  Baptiste  Datcherute  ;  for  Joseph  Butler  5  for 

18396  William  Eodgers ;  for  Joseph  Cote ;  for  the  four  children  of 

18397  Cicili  Compare,  each  one  mile  square  ;  and  one  for  Joseph  James, 

18398  to  be  located  on  the  north  side  of  the  Kanzas  River,  in  the  order 

18399  above  named,  commencing  at  the  line  of  the  Kanzas  reserva- 

18400  tiou,  and  extending  down  the  Kanzas  River  for  quantity. 

18401  ARTICLE  7.  With  the  view  of  quieting  all  animosities  which 

18402  may  at  present  exist  betwen  a  part  of  the  white  citizens  of  Mis- 

18403  souri  and  the  Kauzas  Nation,  in  consequence  of  the  lawless  dep- 

18404  redations  of  the  latter,  the  United  States  do  further  agree  to 

18405  pay  to  their  own  citizens  the  full  value  of  such  property  as  they 

18406  can  legally  prove  to  have  been  stolen  or  destroyed  since  the 

18407  year  1815 :  Provided,  The  sum  so  to  be  paid  by  the  United  States 

18408  shall  not  exceed  the  sum  of  three  thousand  dollars. 

18409  ARTICLE  8.  And  whereas  the  Kanzas  are  indebted  to  Fran- 

18410  cis  G.  Choteau,  for  credits  given  them  in  trade,  which  they  are 

18411  unable  to  pay,  and  which  they  have  particularly  requested  to 

18412  have  included  and  settled  in  the  present  treaty ;  it  is,  therefore, 

18413  agreed  on,  by  and  between  the  parties  to  these  presents,  that  the 

18414  sum  of  five  hundred  dollars,  towards  the  liquidation  of  said 

18415  debt,  shall  be  paid  by  the  United  States  to  the  snid  Francis  G. 

18416  Choteau. 

18417  ARTICLE  9.  There  shall  be  selected  at  this  place  such  iner- 

18418  chandize  as  may  be  desired,  amounting  to  two  thousand  dollars, 

18419  to  be  delivered  at  the  Kanzas  River,  with  as  little  delay  as  pos- 

18420  sible  ;  and  there  shall  be  paid  to  the  deputation  now  here  two 

18421  thousand  dollars  in  merchandize  and  horses,  the  receipt  of  which 

18422  is  hereby  acknowledged ;  which,  together  with  the  amount  agreed 

18423  on  in  the  3d  and  4th   articles,  and  the  provisions  made  in  the 

18424  other  articles  of  this  treaty,  shall  be  considered  as  n  full  compen- 

18425  sation  for  the  cession  herein  made. 

18426  ARTICLE  10.  Lest  tm3  friendship  which  is  now  established 

18427  between  the  United  States  'and  the  said  Indian  nation  should 

18428  be  interrupted  by  the  misconduct  of  individuals,  it  is  hereby 

18429  agreed,  that  for  injuries  done  by  individuals,  no  private  revenge 


413 

18430  or  retaliation  shall  take  place,  but  instead  thereof  complaints 

18431  shall  be  made  by  the  party  injured  to  the  other,  by  the  said  na- 

18432  tion,  to  the  superintendent,  or  other  person  appointed  by  the 

18433  President  to  the  chiefs  of  said  nation.     And  it  shall  be  the  duty 

18434  of  the  said  chiefs,  upon  complaints  being  made  as  aforesaid,  to 

18435  deliver  up  the  person  or  persons  against  whom  the  complaint  is 
1843G  made,  to  the  end  that  he  or  they  may  be  punished,  agreeably  to 

18437  the  laws  of  the  State  or  Territory  where  the  oft'ence  may  have 

18438  been  committed;  and  in  like  manner,  if  any  robbery,  violence, 

18439  or  murder,  shall  be  committed  on  any  Indian  or  Indians  belong- 

18440  ing  to  said  nation,  the  person  or  persons  so  offending  shall  be 

18441  tried,  and,  if  found  guilty,  shall  be  punished  in  like  manner  as 

18442  if  the  injury  had  been  done  to  a  white  man.     And  it  is  agreed 

18443  that  the  chiefs  of  the  Kanzas  shall,  to  the  utmost  of  their  power, 

18444  exert  themselves  to  recover  horses  or  other  property  which  may 

18445  be  stolen  from  any  citizen  or  citizens  of  the  United  States,  by 

18446  any  individual  or  individuals  of  the  nation  :  and  the  property 

18447  so  recovered  shall  be  forthwith  delivered  to  the  superintendent, 

18448  or  other  person  authorized  to  receive  it,  that  it  may  be  restored 

18449  to  its  proper  owner ;  and  in  cases  where  the  exertions  of  the 

18450  chiefs  shall  be  ineffectual  in  recovering  the  property  stolen  as 

18451  aforesaid,  if  sufficient  proof  can  be  adduced  that  such  property 

18452  was  actually  stolen,  by  any  Indian  or  Indians  belonging  to  the 

18453  said  nation,  the  superintendent  or  other  officer  may  deduct  from 

18454  the  annuity  of  the  said  nation  a  sum  equal  to  the  value  of  the 

18455  property  which  has  been  stolen.     And  the  United  States  hereby 
18156  guarantee,  to  any  Indian  or  Indians,  a  full  indemnification  for 

18457  any  horses  or  other  property  which  may  be  stolen  from  them  by 

18458  any  of  their  citizens:    Provided,  That  the  property  so  stolen 

18459  cannot  be  recovered,  and  that  sufficient  proof  is  produced  that 
1S1GO  it  was  actually  stolen  by  a  citizen  of  the  United  States.     And 

18461  the  said  nation  of  Kanzas  engage,  on  the  requisition  or  demand 

18462  of  the  President  of  the  United  States,  or  of  the  superintendent, 

18463  to  deliver  up  any  white  man  resident  amongst  them. 

18464  ARTICLE  11.  It  is  further  agreed  on,  by  and  between  the 

18465  parties  to  these  presents,  that  the  United  States  shall  forever 

18466  enjoy  the  right  to  navigate  freely  all   water-courses  or  navi- 

18467  gable  streams  within  the  limits  of  the  tract  of  country  herein 

18468  reserved  to  the  Kanzas  Nation  ;  and  that  the  said  Kanzas  Nation 

18469  shall  never  sell,  relinquish,  or  in  any  manner  dispose  of  the 

18470  lands  herein  reserved,  to  any  other  nation,  person  or  persons 

18471  whatever,  without  the  permission  of  the  United  States  for  that 

18472  purpose  first  had  and  obtained.    And   shall  ever  remain  under 

18473  the  protection  of  the  United  States,  and  in  friendship  with  them. 

18474  ARTICLE  12.  This  treaty  shall  take  effect,  and  be  obligatory 

18475  on  the  contracting  parties,  as  soon  as  the  same  shall  be  ratified 


414 

1S47G  by  the  President,  by  and  with  the  consent  and  advice  of  the 

18477  Senate  of  the  United  States. 

18478  Proclaimed  December  30,  1825. 

18479  Whereas  the  Congress  of  the  United   States  of  America 

18480  being  anxious  to  promote  a  direct  commercial  and  friendly  inter- 

18481  course  between  the  citizens  of  the  United  States  and  those  of  the 

18482  Mexican  republic,  and  to  afford  protection  to  the  same,  did,  at 

18483  their  last  session,  pass  an  act,  which  was  approved  the  3d  March, 

18484  1825,  u  to  authorize  the  President  of  the  United  States  to  cause 

18485  a  road  to  be  marked  out  from  the  western  frontier  of  Missouri 

18486  to  the  confines  of  New  Mexico,"  and  which  authorizes  the  Pres- 

18487  ident  of  the  United  States  to  appoint  commissioners  to  carry 

18488  said  act  of  Congress  into  effect,  and  enjoins  on  the  cornmission- 

18489  ers,  so  to  be  appointed,  that  they  first  obtain  the  consent  of  the 

18490  intervening  tribes  of  Indians,  by  treaty,  to  the  marking  of  said 

18491  road  and  to  the  unmolested  use  thereof  to  the  citizens  of  the 

18492  United  States  and  of  the  Mexican  republic ;  and  Benjamin  II, 

18493  Reeves,  Geo.  C.  Sibley,  and  Thomas  Mather,  being  duly  ap- 

18494  pointed  commissioners  as  aforesaid,  and  being  duly  and  fully 

18495  authorized,  have  this  day  met  the  chiefs  and  head-men  of  the 
1849G  Kansas  tribe  of  Indians,  who,  being  all  duly  authorized,  to  meet 

18497  and  negotiate  with  the  said  commissioners  upon  the  premises, 

18498  and  being  specially  met  for  that  purpose,  by  the  invitation  of 

18499  said  commissioners,  on  the  Sora  Kansas  Creek,  two  hundred 

18500  and  thirty-eight  miles  south westwardly  from  Fort  Osage,  have, 

18501  after  due  deliberation  and  consultation,  agreed  to  the  following 

18502  treaty,  which  is  to  be  considered  binding  on  said  Kansas  Indi- 

18503  ans,  from  and  after  this  day : 

18504  ARTICLE  1.  The  chiefs  and  head-men  of  the  Kansas  Nation, 

18505  or  tribe  of  Indians,  for  themselves  and  their  nation,  do  consent 
1850G  and  agree  that  the  commissioners  of  the  United  States  shall 

18507  and  may  survey  and  mark  out  a  road,  in  such  a  manner  as  they 

18508  may  think  proper,  through  any  of  the  territory  owned  or  claimed 

18509  by  the  said  Kansas  tribe  or  nation  of  Indians. 

18510  ARTICLE  2.   The  chiefs  and  head-men,  as   aforesaid,  do 

18511  further  agree  that  the  road  authorized  in  article  1  shall,  when 

18512  marked,  be  forever  free  for  the  use  of  the  citizens  of  the  United 

18513  States  and  of  the  Mexican  republic,  who  shall  at  all  times  pass 

18514  and  repass  thereon,  without  any  hindrance  or  molestation  on 

18515  the  part  of  the  said  Kansas  Indians. 

1851G  ARTICLE  3,  The  chiefs  and  head  men  as  aforesaid,  in  con- 

18517  sideration  of  the  friendly  relations  existing  between  them  and 

18518  the  United  States,  do  further  promise,  for  themselves  and  their 

18519  people,  that  they  will,  on  all  fit  occasions,  render  such  friendly 

18520  aid  and  assistance  as  may  be  in  their  power  to  any  of  the  citi- 


415 

18521  zens  of  the  Uuited  States,  or  of  the  Mexican  lie-public,  as  they 

18522  may  at  any  time  happen  to  meet  or  fall  in  with,  on  the  road 

18523  aforesaid. 

18524  ARTICLE  4.    The   chiefs   and  head-men,  as  aforesaid,  do 
18225  further  consent  and  agree  that  the  road  aforesaid  shall  be  con- 
1852G  sidered  as  extending  to  a  reasonable  distance  on  either  side,  so 

18527  that  travellers  thereon  may,  at  any  time,  leave  the  market  track, 

18528  for  the  purpose  of  finding  subsistence  and  proper  camping- 

18529  places. 

18530  ARTICLE  5.  In  consideration  of  the  privileges  granted  by 

18531  the  chiefs  of  Kansas  tribe  in  the  three  preceding  articles,  the 

18532  said  commissioners,  on  the  part  of  the  United  States,  have 

18533  agreed  to  pay  to  them,  the  said  chiefs,  for  themselves  and  their 

18534  people,  the  sum  of  five  hundred  dollars;  which  sum  is  to  be 

18535  paid  them  as  soon  as  may  be,  in  money  or  merchandize,  at  their 
1853G  option,  at  such  places  as  they  may  desire. 

18537  ARTICLE  G.  And  the  said  chiefs  and  head  men,  as  aforesaid, 

18538  acknowledge  to  have  received  from  the  commissioners  aforesaid, 

18539  at  and  before  the  signing  of  this  treaty,  articles  of  merchandize 

18540  to  the  value  of  three  hundred  dollars;  which  sum  of  three  him- 

18541  dred  dollars,  and  the  payment  stipulated  to  be  made  to  the  said 

18542  Kansas  in  article  5,  shall  be  considered,  and  are  so  considered 

18543  by  said  chiefs,  as  full  and  complete  compensation  for  every 

18544  priviledge  herein  granted  by  said  cheifs. 

18545  Proclaimed  May  3,  182G. 


1854G  Articles  of  a  treaty  made  and  concluded  at  the  Methodist  Mission  in 

18547  the  Kansas  country,  between  Thomas  II.  Harvey  and  Richard 

18548  W.  Cummins,  commissioners  of  the  United  States  and  the  Kan- 

18549  sas  tribe  of  Indians. 

18550  ARTICLE  1.  The  Kansas  tribe  of  Indians  cede  to  the  United 

18551  States  two  millions  of  acres  of  land  on  the  east  part  of  their 

18552  country,  embracing  the  entire  width,  thirty  miles,  and  running 

18553  west  for  quantity. 

18554  ARTICLE  2.  In  consideration  of  the  foregoing  cession,  the 

18555  United  States  agree  to  pay  to  the  Kansas  Indians  two  hundred 
1855G  and  two  thousand  dollars,  two  hundred  thousand  of  which  shall 

18557  be  funded  at  five  per  cent.,  the  interest  of  which  to  be  paid  aii- 

18558  nually  for  thirty  years,  and  thereafter  to  be  diminished  and  paid 

18559  pro  rata,  should  their  numbers  decrease,  but  not  otherwise — that 
185GO  is:  the  Government  of  the  United  States  shall  pay  them  the 
185G1  full  interest  for  thirty  years  on  the  amount  funded,  and  at  the 
185G2  end  of  that  time,  should  the  Kansas  tribe  be  less  than  at  the  first 
185G3  payment,  they  are  only  to  receive  pro  rata  the  sums  paid  them 
185G4  at  the  first  annuity  payment.     One  thousand  dollars  of  the  in- 


416 

18565  terest  thus  accruing  shall  be  applied  annually  to  the  purposes 

18566  of  education  in  their  own  country  ;  one  thousand  dollars  annu- 

18567  ally  for  agricultural  assistance,  implements,  £c. ;  but  should  the 

18568  Kansas  Indians  at  any  time  be  so  far  advanced  in  agriculture 

18569  as  to  render  the  expenditure  for  agricultural  assistance  unneces- 

18570  sary,  then  the  one  thousand  dollars  above  provided  for  that  pur- 

18571  pose  shall  be  paid  them  in  money  with  the  balance  of  their  an- 

18572  unity ;  the  balance,  eight  thousand  dollars,  shall  be  paid  them 

18573  annually  in  their  own  country.    The  two  thousand  dollars  not 

18574  to  be  funded  shall  be  expended  in  the  following  manner:  first, 

18575  the  necessary  expenses  in  negotiating  this  treaty  ;  second,  four 

18576  hundred  dollars  shall  be  paid  to  the  Missionary  Society  of  the 

18577  Methodist  Episcopal  Church  for  their  improvements  on  the  land 

18578  ceded  in  the  first  article  ;  third,  six  hundred  dollars  shall  be  ap- 

18579  plied  to  the  erection  of  a  mill  in  the  country  in  which  the  Kan- 

18580  sas  shall  settle  for  their  use,  it  being  in  consideration  of  their 

18581  mill  on  the  land  ceded  in  the  first  article.    The  balance  to  be 

18582  placed  in  the  hands  of  their  agent,  as  soon  after  the  ratification 

18583  of  this  treaty  as  practicable,  for  the  purpose  of  furnishing  the 

18584  said  Kansas  Indians  with  provisions  for  the  present  year. 

18585  ARTICLE  3.  In  order  that  the  Kansas  Indians  may  know 

18586  the  west  line  of  the  laud  which  they  have  ceded  by  this  treaty, 

18587  it  is  agreed  that  the  United   States   shall,  as  soon  as  may  be 

18588  convenient  in  the  present  year,  cause  the  said  line  to  be  ascer. 

18589  tained  and  marked  by  competent  surveyors. 

18590  ARTICLE  4.  The  Kansas  Indians  are  to  move  from  the  lands 

18591  ceded  to  the  United  States,  by  the  first  article  of  this  treaty,  by 

18592  the  first  day  of  May,  1847. 

18593  ARTICLE  5.  As  doubts  exist  whether  there  is  a  sufficiency  of 

18594  timber  on  the  land  remaining  to  the  Kansas,  after  taking  off  the 

18595  land  ceded  in  the  first  article  of  this  treaty,  it  is  agreed  by  the 

18596  contracting  parties   that  after  the  western  line  of  the  said  ces- 

18597  sion  shall   be   ascertained,  [and]   the  President  of  the  United 

18598  States  shall  be  satisfied  that  there  is  not  a  sufficiency  of  timber, 

18599  he  shall  cause  to  be  selected  and  laid  off  for  the  Kansas  a  suita- 

18600  able  country,  near  the  western  boundary  of  the  land  ceded  by 

18601  this  treaty,  which  shall  remain  for  their  use  forever.     In  consid- 

18602  eration  of  which    the  Kansas  nation  cede  to  the  United  States 

18603  the  balance  of  the  reservation  under  the  treaty  of  June  3,  1825, 

18604  and  not  ceded  in  the  first  article  of  this  treaty. 

18605  ARTICLE  6.  In  consideration  of  the  great  distance  which 

18606  the  Kansas  Indians  will  be  removed  from  the  white  settlements 

18607  and  their  present  agent,  and  their  exposure  to  difficulties  with 

18608  other  Indian  tribes,  it  is  agreed  that  the  United  States  shall 

18609  cause  to  reside  among  the  Kansas  Indians  a  sub-agent,  who 

18610  shall  be  especially  charged  with  the  direction  of  their  farming 


417 

18611  operations  and  general  improvement,  and  to  be  continued  as 

18612  long  as  the  President  of  the  United  States  should  consider  it 

18613  advantageous  to  the  Kansas. 

18614  ARTICLE  7.  Should  the  Government  of  the  United  States 

18615  be  of  opinion  that  the  Kansas  Indians  are  not  entitled  to  a 

18616  smith  under  the  fourth  article  of  the  treaty  of  June  3,  18135, 

18617  it  is  agreed  that  a  smith  shall  be  supported  out  of  the  one  thoit- 

18618  sand  dollars  provided  in  the  fourth  article  for  agricultural  pur- 

18619  poses. 

18620  Proclaimed  April  15, 1846. 

18621  Treaty  between  the  United  States  of  America  and  the  Kansas  tribe 

18622  of  Indians,  concluded  October  5,  1850,  ratified  by  the  Senate 
18023  June  27, 1860. 

18624  JAMES  BUCHANAN,  President  of  the  United  States  of  America, 

18625  to  all  and  singular  to  whom  these  presents  shall  come,  greet- 

18626  ing: 

18627  Whereas  a  treaty  was  made  and  concluded  at  the  Kansas 

18628  agency,  in  the  Territory  of  Kansas,  on  the  fifth  day  of  October, 

18629  eighteen  hundred  and  fifty-nine,  by  and  between  Alfred  B.  Green- 

18630  wood,  commissioner  on  the  part  of  the  United  States,  and  the 

18631  hereinafter-named  chiefs  and  head  men,  representing  the  Kansas 

18632  tribe  of  Indians,  being  duly  authorized  by  said  tribe,  which 

18633  treaty  is  in  the  words  and  figures  following,  to  wit: 

18634  Articles  of  agreement  and  convention  made  and  concluded  at 

18635  the  Kansas  agency,  in  the  Territory  of  Kansas,  on  the  fifth 

18636  day  of  October,  eighteen  hundred  and  fifty-nine,  by  and 

18637  between  Alfred  B.  Greenwood,  commissioner  on  the  part  of 

18638  the  United  States,  and  the  following-named  chiefs  and  head- 

18639  men,  representing  the  Kansas  tribe  of  Indians,  to  wit:  Ke- 

18640  hi-ga-wah  Chuffe,   Ish-tal-a-sa,   Ne-hoo  ja-in-gah,   Ki-hi-ga- 

18641  wat-te-iu-gah,  Ki-he-gah-cha,  Al-li  ca-wah-ho,  Pah-hous-ga- 

18642  tuu-gah,    Ke-hah-lah-la-hu,    Ki-ha-gah-chu,   Ee-le-sun-gah, 

18643  Wah-pah-jah,  Ko  sah-mun-gee,  Oo-ga-shama,  Wah-Shuinga, 

18644  Wah-ti-inga,  Wah-e  la-ga,  Pa-ha-ne-ga-la,  Pa-ta  go,  Cahulle, 

18645  Ma-she-tum,   Wa-no-ba-ga-ha,   She-ga-wa-sa,  Ma-his-pa-wa- 

18646  cha,  Ma-shon-o  pusha,   Ja  ha-sha-watauga,  Ki-he-ga-tussa, 

18647  and  Ka-la-sha-wat-lumga,  they  being  thereto  duly  authorized 

18648  by  said  tribe. 

18649  ARTICLE  1.  The  Kansas  Indians  having  now  more  lauds 

18650  than  are  necessary  for  their  occupation  and  use,  and  being 

18651  desirous  of  promoting  settled  habits  of  industry  amongst  them- 

18652  selves  by  abolishing  the  tenure  in  common  by  which  they  now 

18653  hold  their  lands,  and  by  assigning  limited  quantities  thereof  in 

53  I  T 


418 

18054  severally  to  the  members  of  their  tribe  owning  an  interest  in 

18655  their  present  reservation,  to  be  cultivated  and  improved  for  their 

18656  individual  use  and  benefit,  it  is  agreed  and  stipulated  that  that 

18657  portion  of  their  reservation  commencing  at  the  southwest  corner 

18658  of  said  reservation,  thence  north  with  the  west  boundary  nine 

18659  miles,  thence  east  fourteen  miles,  thence  south  nine  miles,  thence 

18660  west  with  the  south  boundary  fourteen  miles  to  the  place  of 

18661  beginning,  shall  be  set  apart  and  retained  by  them  for  said  pur- 

18662  poses;  and  that  out  of  the  same  there  shall  be  assigned  to  each 

18663  head  of  a  family  not  exceeding  forty  acres,  and  to  each  member 

18664  thereof  not  exceeding  forty  acres,  and  to  each  single  male  per- 

18665  son  of  the  age  of  twenty-one  years  and  upwards  not  exceeding 

18666  forty  acres  of  land,  to  include  in  every  case,  as  far  as  practicable, 

18667  a  reasonable  proportion  of  timber.     One  hundred  and  sixty  acres 

18668  of  said  retained  lands,  in  a  suitable  locality,  shall  also  be  set 

18669  apart  and  appropriated  to  the  occupancy  and  use  of  the  agency 

18670  of  said  Indians,  and  one  hundred  and  sixty  acres  of  said  lauds 

18671  shall  also  be  reserved  for  the  establishment  of  a  school  for  the 

18672  education  of  the  youth  of  the  tribe. 

18673  ARTICLE  2.  The  lands  to  be  so  assigned,  including  those  for 

18674  the  use  of  the  agency,  and  those  reserved  for  school  purposes,  shall 

18675  be  in  as  regular  and  compact  a  body  as  possible,  and  so  as  to  admit 

18676  of  a  distinct  and  well-defined  exterior  boundary,  embracing  the 

18677  whole  of  them,  and  any  inter  in  edaite  portions  or  parcels  of  land 

18678  or  water  not  included  in  or  made  part  of  the  tracts  assigned  in 

18679  severalty.    Any  such  intermediate  parcels  of  land  and  water 

18680  shall  be  owned  by  the  Kansas  tribe  of  Indians  in  common;  but 

18681  in  case  of  increase  in  the  tribe,  or  other  cause  rendering  it  neces- 

18682  sary  or  expedient,  the  said  intermediate  parcels  of  land  shall  be 

18683  subject  to  distribution  and  assignment  in  such  manner  as  the 

18684  Secretary  of  the  Interior  shall  prescribe  and  direct.    The  whole 

18685  of  the  lands  assigned  or  unassigned  in  severalty,  embraced  with- 

18686  in  the  said  exterior  boundary,  shall  constitute  and  be  known  as 

18687  the  Kansas  reservation,  within  and  over  which  all  laws  passed, 

18688  or  which  may  be  passed  by  Congress,  regulating  trade  and  inter- 

18689  course  with  the  Indian  tribes,  shall  have  full  force  and  effect. 

18690  And  no  white  person,  except  such  as  shall  be  in  the  employment 

18691  of  the  United  States,  shall  be  allowed  to  reside  or  go  upon  any 

18692  portion  of  said  reservation  without  the  written  permission  of 

18693  the  superintendent  of  Indian  affairs,  or  of  the  agent  for  the 

18694  tribe. 

18695  ARTICLE  3.  Said  division  and  assignment  of  lands  to  the 

18696  Kansas  tribe  of  Indians  in  severalty  shall  be  made  under  the 

18697  direction  of  the  Secretary  of  the  Interior,  and  when  approved 

18698  by  him  shall  be  final  and  conclusive.    Certificates  shall  be  is- 

18699  sued  by  the  Commissioner  of  Indian  Affairs  for  the  tracts  so 


419 

18700  assigned,  specifying  the  names  of  the  individuals  to  whom  tliey 

18701  Lave  been  assigned  respectively,  and  that  they  are  for  the  ex- 

18702  elusive  use  and  benefit  of  themselves,  their  heirs  and  descend- 

18703  ants,  and  said  tracts  shall  not  be  alienated  in  fee,  leased,  or 

18704  otherwise  disposed  of,  except  to  the  United  States  or  to  other 

18705  members  of  the  tribe,  under  such  rules  and  regulations  as  may 

18706  be  prescribed  by  the  Secretary  of  the  Interior ;  and  they  shall 

18707  be  exempt  from  taxation,  levy,  sale,  or  forfeiture,  until  other- 

18708  wise  provided  by  Congress.     Prior  to  the  issue  of  said  certifi- 

18709  cates,  the  Secretary  of  the  Interior  shall  make  such  rules  and 

18710  regulations  as  he  may  deem  necessary  and  expedient  respecting 

18711  the  disposition  of  any  of  said  tracts,  in  case  of  the  death  of  the 

18712  person  or  persons  to  whom  they  may  be  assigned,  so  that  the 

18713  same  shall  be  secured  to  the  families  of  such  deceased  persons  ; 

18714  and  should  any  of  the  Indians  to  whom  tracts  shall  be  assigned 

18715  abandon  them,  the  said  Secretary  may  take  such  action  in  re- 

18716  lation  to  the  proper  disposition  thereof  as  in  his  judgment  may 

18717  be  necessary  and  proper. 

18718  ARTICLE  4.  For  the  purpose  of  procuring  the  means  of 

18719  comfortably  establishing  the  Kansas  tribe  of  Indians  upon  the 

18720  lands  to  be  assigned  to  them   in   severalty,  by  building  them 

18721  houses,  and  by  furnishing  them  with  agricultural  implements, 

18722  stock  animals,  and  other  necessary  aid  and  facilities  for  com- 

18723  mencing  agricultural  pursuits  under  favorable  circumstances, 

18724  the  lands  embraced  in  that  portion  not  stipulated  to  be  retained 

18725  and  divided  as  aforesaid  shall  be  sold,  under  the  direction  of 

18726  the  Secretary  of  the  Interior,  in  parcels  not  exceeding  one  hun- 

18727  dred  and  sixty  acres  each,  to  the  highest  bidder  for  cash,  the 

18728  sale  to  be  made  upon  sealed  proposals  to  be  duly  invited  by  pub- 

18729  lie  advertisement,  and  should  any  of  the  tracts  so  to  be  so  sold 

18730  have  upon  them  improvements  of  any  kind,  which  were  made 

18731  by  or  for  the  Indians,  or  for  Government  purposes,  the  proposals 

18732  therefor  must  state   the  price  for  both  the  laud  and  improve  - 

18733  ments,  and  if,  after  assigning  to  all  the  members  of  the  tribe  en- 

18734  titled  thereto  their  proportions  in  severalty,  there  shall  remain  a 

18735  surplus  of  that  portion  of  the  reservation  retained  for  that  purpose, 

18736  outside  of  the  exterior  boundary-line  of  the  lands  assigned  in 

18737  severalty,  the  Secretary  of  the  Interior  shall  be  authorized  and  em- 

18738  powered,  whenever  he  shall  think  proper,  to  cause  such  surplus  to 

18739  be  sold  in  the  same  manner  as  the  other  lauds  to  be  so  disposed  of, 

18740  and  the  proceeds  thereof  to  be  expended  for  their  benefit  in  such 

18741  manner  as  the  Secretary  of  the  Interior  may  deem  proper: 

18742  Provided,  That  all  those  who  had  in  good  faith  settled  and  made 

18743  improvements  upon  said  reservation  prior  to  the  second  day  of 

18744  December,  eighteen  hundred  and  fifty-six,  (that  being  the  day 

18745  when  the  survey  was  certified  by  the  agent  of  the  tribe,)  and 


420 

18746  who  would  have  been  entitled  to  enter  their  improvements  under 

18747  any  general  or  special  pre-emption  law,  (had  their  improvements 

18748  not  fallen  within  the  reservation,)  such  settlers  shall  be  permitted 

18749  to  enter  their  improvements  at  the  sum  of  one  dollar  and  seventy  - 

18750  five  cents  per  acre  in  cash,  said  entries  to  be  made  in  legal  sub- 

18751  divisions  and  in  such  quantities  as  the  pre-emption  laws  under 

18752  which  they  may  claim  entitle  them  to  locate  j  payments  to  be  made 

18753  on  or  before  a  day  to  be  named  by  the  Secretary  of  the  Interior  : 

18754  And  provided  further,  That  all  those  who  had  in  good  faith  set- 

18755  tied  upon  that  portion  of  the  reservation  retained  by  this  treaty 

18756  for  the  future  homes  of  the  Kansas  tribe  of  Indians,  and  had 

18757  made  bona-fide  improvements  thereon  prior  to  the  second  day  of 

18758  December,  eighteen  hundred  and  fifty-six,  aforesaid,  and  who 

18759  would  have  been  entitled  to  enter  their  lands,  under  the  general 

18760  pre-emption  law,  at  one  dollar  and  twenty-five  cents  per  acre, 

18761  had  their  improvements  not  fallen  upon  the  reservation,  such 

18762  settlers  shall  be  entitled  to  receive  a  fair  compensation  for  their 

18763  improvements,  to  be  ascertained  by  the  Commissioner  of  Indian 

18764  Affairs,  under  the  direction  of  the  Secretary  of  the  Interior ; 

18765  such  compensation  to  be  paid  out  of  the  proceeds  of  the  lands 

18766  sold  in  trust  for  said  -tribe  of  Indians.     All  questions  growing 

18767  out  of  this  amendment,   and  rights  claimed   in   consequence 

18768  thereof,  shall  be  determined  by  the  Commissioner  of  Indian  Af- 

18769  fairs,  to  be  approved  by  the  Secretary  of  the  Interior.     And  in 

18770  all  cases  where  licensed  traders,  or  others  lawfully  there,  may 

18771  have  made    improvements  upon  said  reservation,  the    Secre- 

18772  tary  of  the  Interior  shall  have  power  to  adjust  the  claims  of 

18773  each  upon  fair  and  equitable  terms,  they  paying  a  fair  value  for 

18774  the  lands  awarded  to  such  persons,  and  shall  cause  patents  to 

18775  issue  in  pursuance  of  such  award. 

18776  ARTICLE  5.  The  Kansas  tribe  of  Indians  being  anxious  to 

18777  relieve  themselves  from  the  burden  of  their  present  liabilities, 

18778  and  it  being  very  essential  to  their  welfare  that  they  shall  be 

18779  enabled  to  commence  their  new  mode  of  life  and  pursuits  free 

18780  from  the  annoyance  and  embarrassment  thereof,  or  which  may  be 

18781  occasioned  thereby,  it  is  agreed  that  the  same  shall  be  liquidated 

18782  and  paid  out  of  the  fund  arising  from  the  sale  of  their  surplus 

18783  lands  so  far  as  found  valid  and  just,  (if  they  have  the  means,) 

18784  on  an  examination  thereof,  to  be  made  by  their  agent  and  the 

18785  superintendent  of  Indian  affairs  for  the  central  superintendency, 

18786  subject  to  revision  and  confirmation  by  the  Secretary  of  the 

18787  Interior. 

18788  ARTICLE  6.  Should  the  proceeds  of  the  surplus  lands  of  the 

18789  Kansas  tribe  of  Indians  not  prove  to  be  sufficient  to  carry  out 

18790  the  purposes  and  stipulations  of  this  agreement,  and  some  fur- 

18791  ther  aid  be  necessary,  from  time  to  time,  to  enable  said  Indians 


421 

18792  to  sustain  themselves  successfully  in  agricultural  and  other  in- 

18793  dustrial  pursuits,  such  additional  means  may  be  taken,  so  far  as 

18794  may  be  necessary,  from  the  moneys  due  and  belonging  to  them 

18795  under  the  provisions  of  former  treaties,  and  so  much  thereof  as 
1879G  may  be  required  to  furnish  further  aid  as  aforesaid  shall  be  ap- 

18797  plied  in  such  manner,  under  the  direction  of  the  Secretary  of  the 

18798  Interior,  as  he  shall  consider  best  calculated  to  promote  and  ad- 

18799  vance  their  improvement  and  welfare. 

18800  ARTICLE  7.  In  order  to  render  unnecessary  any  further 

18801  treaty  engagements  or  arrangements  hereafter  with  the  United 

18802  States,  it  is  hereby  agreed  and  stipulated  that  the  President, 

18803  with  the  assent  of  Congress,  shall  have  full  power  to  modify  or 

18804  change  any  of  the  provisions  of  former  treaties  with  the  Kansas 

18805  tribe  of  Indians  in  such  manner  and  to  whatever  extent  he  may 

18806  judge  to  be  necessary  and  expedient  for  their  welfare  and  best 

18807  interest. 

18808  ARTICLE  8.  All  the  expenses  connected  with  and  incident 

18809  to  the  making  of  this  agreement,  and  the  carrying  out  its  pro- 

18810  visions,  shall  be  defrayed  out  of  the  funds  of  the  Kansas  tribe 

18811  of  Indians. 

18812  ARTICLE  9.  The  Kansas  tribe  of  Indians  being  desirous  of 

18813  manifesting  their  good- will  towards  the  children  of  their  half- 

18814  breed  relatives  now  residing  upon  the  half-breed  tract  on  the 

188 15  north  side  of  the  Kansas  River,  agree  that  out  of  the  tract  re- 

18816  taiued  by  this  agreement  there  shall  also  be  assigned,  in  sever- 

18817  alty,  to  the  eight  children  of  Julia  Pappan  forty  acres  each,  to 

18818  the  three  children  of  Adel  Bellmard,  to  the  four  children  of  Ja- 

18819  sette  Gouville,  to  the  child  of  Lewis  Pappan,  to  the  four  chil- 

18820  dren  of  Pelagia  Obrey,  to  the  child  of  Acaw  Pappau,  to  the 

18821  two  children  of  Victoria  Pappan,  to  the  two  children  of  Eliza- 

18822  beth  Carboneau,  to  the  child  of  Victoria  Williams,  to  the  child 

18823  of  Joseph  Butler,  to  the  child  of  Joseph  James,  to  the  two  chil- 

18824  dren  of  Pelagia   Pushal,  Frank  James,  and  Batest  Gouville, 

18825  forty  acres  each,  but  the  land  so  to  be  assigned  under  this  article 

18826  shall  not  be  alienated  in  fee,  leased,  or  otherwise  disposed  of, 

18827  except  to  the  United  States,  or  to  other  members  of  the  tribe, 

18828  under  such  regulations  as  may  be  prescribed  by  the  Secretary 

18829  of  [the]  Interior. 

18830  ARTICLE  10.  It  is  agreed  that  all  roads  and  highways  laid 

18831  out  by  authority  of  law  shall  have  right  of  way  through  the 

18832  lands  within  the  reservation  hereinbefore  specified,  on  the  same 

18833  terms  as  are  provided  by  law  when  roads  and  highways  'are 

18834  made  through  lands  of  citizens  of  the  United  States ;  and  rail- 

18835  road  companies,  when  the  lines  pass  through  the  lands  of  said 

18836  Indians,  shall  have  right  of  Way  oil  the  payment  of  a  just  com* 

18837  pensation  therefor  in  money. 


422 

18838  ARTICLE  11.  This  instrument  shall  be  obligatory  on  the 

18839  contracting  parties  whenever  the  same  shall  be  ratified  by  the 

18840  President  and  Senate  of  the  United  States. 

18841  Proclaimed  November  17,  1860. 

18842  Treaty  between  the  United  States  of  America  and  the  Kansas  tribe 

18843  of  Indians,  concluded  at  the  Kansas  agency,  in  Kansas,  March 

18844  13,  1862 ;  ratified,  with  amendment,  February  6, 1863  ;  amend- 

18845  went  assented  to  February  26,  1863. 

18346  By  the  President  of  the  United  States  of  America. 

18847  A  PROCLAMATION. 

18848  To  all  and  singular  to  whom  these  presents  shall  come,  greeting : 

18849  Whereas  a  treaty  was  made  and  concluded  at  the  Kansas 

18850  agency,  in  the  State  of  Kansas,  on  the  thirteenth  day  of  March, 

18851  in  the  year  of  our  Lord  eighteen  hundred  and  sixty-two,  by  and 

18852  between  H.  W.  Farnsworth,  commissioner  on  the  part  of  the 

18853  United  States,  and  the  hereinafter-named  chiefs  and  head-men 

18854  of  the  Kansas  tribe  of  Indians,  representing  said  Indians  and 

18855  duly  authorized  thereto  by  them,  which  treaty  is  in  the  words 

18856  and  figures  following,  to  wit : 

18857  Whereas  a  treaty  was  made  and  concluded  at  the  Kansas 

18858  agency  in  the  then  Territory,  but  now  State,  of  Kansas,  on  the 

18859  fifth  day  of  October,  A.  D.  1859,  by  and  between  Alfred  B. 

18860  Greenwood,  commissioner  on  the  part  of  the  United  States,  and 

18861  the  chiefs  and  head-men  representing  the  Kansas  tribe  of  Indians, 

18862  and  authorised  by  said  tribe  for  that  purpose  j  which  treaty, 

18863  after  having  been  submitted  to  the  Senate  of  the  United  States 

18864  for  its  constitutional  action  thereon,  was  duly  accepted,  ratified, 

18865  and  confirmed  by  the  President  of  the  United  States,  on  the 

18866  seventeenth  day  of  November,  A.  D.  1860,  with  an  amendment 

18867  to  the  fourth  article  thereof,  which  amendment,  first  proposed 

18868  and  made  by  the  Senate  on  the  twenty-seventh  day  of  June,  A. 

18869  D.  1860,  was  afterwards  agreed  to  and  ratified  by  the  aforesaid 

18870  chiefs  and  head-men  of  the  Kansas  tribe  of  Indians  on  the  fourth 

18871  day  of  October  of  the  same  year : 

18872  Now,  therefore,  it  is  further  agreed  and  concluded  on  this 

18873  thirteenth  day  of  March,  A.  D.  1862,  by  and  between  H.  W. 

18874  Farnsworth,  a  commissioner  on  the  part  of  the  United  States, 

18875  and  the  said  Kansas  tribe  of  Indians,  by  their  authorized  repre- 

18876  sentatives,  the  chiefs  and  head-men  thereof,  to  wit : 

18877  ARTICLE  1.  That  the  said  treaty  and  the  amendment  thereof 

18878  be  further  amended  so  as  to  provide  that  a  fair  and  reasonable 

18879  value  of  the  improvements  made  by  persons  who  settled  on  the 


423 

18880  diminished  reserve  of  said  Kansas  Indians  between  the  second 

18881  day  of  December,  A.  D.  1856,  and  the  fifth  day  of  October,  A. 

18882  D.  1859,  shall  be  ascertained  by  the  Secretary  of  the  Interior, 

18883  and  certificates  of  indebtedness  by  said  tribe  shall  be  issned  by 
18881  him  to  each  of  such  persons  for  an  amount  equal  to  the  appraise- 

18885  ment  of  his  or  her  improvements,  as  aforesaid  j  and  that  like 

18886  certificates  shall  be  issued  to  the  class  of  persons  who  settled 

18887  on  said  diminished  reservation  prior  to  the  second  day  of  De- 

18888  cember,  A.  D.  1856,  for  the  amounts  of  the  respective  claims  as 

18889  provided  for  and  ascertained  under  the  provisions  of  the  amend- 

18890  ment  of  said  treaty ;  and  that  like  certificates  be  issued  to  the 

18891  owners  of  the  same  for  the  amounts  of  claims  which  have  been 

18892  examined  and  approved  by  the  agent  and  superintendent,  and 

18893  revised  and  confirmed  by  the  Secretary  of  the  Interior,  under 
18891  the  provisions  of  the  5th  article  of  said  treaty,  and  that  all  such 

18895  certificates  shall  be  receivable  as  cash,  to  the  amount  for  which 

18896  they  may  be  issued,  in  payment  for  lands  purchased  or  entered 

18897  on  that  part  of  the  first  assigned  reservation  outside  of  said 

18898  diminished  reservation,  or  of  any  part  of  the  diminished  reser- 

18899  vation  that  may  hereafter  be  offered  for  sale,  or  may  be  redeemed 

18900  and  paid  out  of  the  proceeds  of  sales  of  lands  when  such  pro- 

18901  ceeds  have  not  theretofore  been  made  applicable  to  other  pur- 

18902  poses  named  in  said  treaty. 

18903  ARTICLE  2.  The  Kansas  tribe  of  Indians,  being  desirous  of 

18904  making  a  suitable  expression  of  the  obligations  the  said  tribe 

18905  are  under  to  Thomas  S.  Hufifaker,  for  the  many  services  rendered 

18906  by  said  Huffaker  as  missionary,  teacher,  and  friendly  counsellor 

18907  of  said  tribe  of  Indians,  hereby  authorize  and  request  the  Sec- 

18908  retary  of  the  Interior  to  convey  to  the  said  Thomas  S.  Huffaker 

18909  the  half-section  of  laud  on  which  he  has  resided  and  improved 

18910  and  cultivated  since  the  year  A.  D.  1851,  it  being  the  south  half 

18911  of  section  eleven,  (11,)  in  town  ship  numbered  sixteen  (16)  south, 

18912  range  numbered  eight  (8)  east,  of  the  sixth  principal  meridian^ 

18913  Kansas. 

18914  Proclaimed  February  6,  1863. 


18915 


KASKASKIAS. 


18916  A  treaty  between  the  United  States  of  America  and  the  Kaskaskia 

18917  tribe  of  Indians. 

18918  Articles  of  a  treaty  made  at  Vincennes,  in  the  Indiana  Territory, 

18919  between  William  Henry  Harrison,  governor  of  the  said  Terri- 

18920  tory,  superintendent  of  Indian  affairs  and  commissioner  pleni- 

18921  potentiary  of  the  United  States  for  concluding  any  treaty  or 


424 

18922  treaties  which  may  be  found  necessary  with  any  of  the 

18923  Indian  tribes  northwest  of  the  river  Ohio,  of  the  one  part, 

18924  and  the  head  chiefs  and  warriors  of  the  Kaskaskia  tribe  of 

18925  Indians,  so  called,  but  which  tribe  is  the  remains  and  right- 

18926  fully  represent  all  the  tribes  of  the  Illinois  Indians,  origi- 

18927  nally   called  the  Kaskaskia,   Mitchigamia,   Cahokia,   and 

18928  Tamaroi,  of  the  other  part : 

18929  ARTICLE  1.  Whereas,  from  a  variety  of  unfortunate  circum- 

18930  stances,  the  several  tribes  of  Illinois  Indians  are  reduced  to  a 

18931  very  small  number,  the  remains  of  which  have  been  long  con- 

18932  solidated  and  known  by  the  name  of  the  Kaskaskia  tribe,  and 

18933  finding  themselves  unable  to   occupy  the  extensive  tract   of 

18934  country  which  of  right  belongs  to  them  and  which  was  possessed 

18935  by  their  ancestors  for  many  generations,  the  chiefs  and  warriors 

18936  of  the  said  tribe  being  also  desirous  of  procuring  the  means  of  im- 

18937  proveinent  in  the  arts  of  civilized  life,  and  a  more  certain  and 

18938  effectual  support  for  their  women  and  children,  have,  for  the 

18939  considerations  hereinafter  mentioned,  relinquished,  and  by  these 

18940  presents  do  relinquish  and  cede  to  the  United  States,  alt  the  lands 

18941  in  the  Illinois  country  which  the  said  tribe  has  heretofore  pos- 

18942  sessed,  or  which  they  may  rightfully  claim,  reserving  to  them- 
13943  selves,  however,  the  tract  of  about  three  hundred  and  fifty  acres 

18944  near  the  town  of  Kaskaskia,  which  they  have  always  held  and 

18945  which  was  secured  to  them  by  the  act  of  Congress  of  the  third 

18946  day  of  March,  one  thousand  seven  hundred  and  ninety-one,  and 

18947  also  the  right  of  locating  one  other  tract  of  twelve  hundred  and 

18948  eighty  acres  within  the  bounds  of  that  now  ceded,  which  two 

18949  tracts  of  land  shall  remain  to  them  forever. 

18950  ARTICLE  2.  The  United   States  will  take  the  Kaskaskia 

18951  tribe  under  their  immediate  care  and  patronage,  and  will  afford 

18952  them  a  protection  as  effectual  against  the  other  Indian  tribes 

18953  and  against  all  other  persons  whatever  as  is  enjoyed  by  their 

18954  own  citizens.    And  the  said  Kaskaskia  tribe  do  hereby  engage 

18955  to  refrain  from  making  war  or  giving  any  insult  or  offence  to 

18956  any  other  Indian  tribe  or  to  any  foreign  nation,  without  having 

18957  first  obtained  the  approbation  and  consent  of  the  United  States. 

18958  ARTICLE  3.  The  annuity  heretofore  given  by  the  United 

18959  States  to  the  said  tribe  shall  be  increased  to  one  thousand  dol- 

18960  lars,  which  is  to  be  paid  to  them  either  in  money,  merchandize, 

18961  provisions,  or  domestic  animals,  at  the  option  of  the  said  tribe ; 

18962  and  when  the  said  annuity  or  any  part  thereof  is  paid  in  mer- 

18963  chandize,  it  is  to  be  delivered  to  them  either  at  Viucennes,  Fort 

18964  Massac,  or  Kaskaskia,  and  the  first  cost  of  the  goods  in  the  sea- 

18965  port  where  they  may  be  procured  is  alone  to  be  charged  to  the 

18966  said  tribe  free  from  the  cost  of  transportation,  or  any  other  con- 


425 

18067  tingent  expence.    Whenever  the  said  tribe  may  choose  to  receive 

18968  money,  provisions,  or  domestic  animals  for  the  whole  or  in  part 

18969  of  the  said  annuity,  the  same  shall  be  delivered  at  the  town  of 

18970  Kaskaskia.     The  United  States  will  also  cause  to  be  built  a 

18971  house  suitable  for  the  accommodation  of  the  chief  of  the  said 

18972  tribe,  and  will  enclose  for  their  use  a  field  not  exceeding  one 

18973  hundred  acres  with  a  good  and  snflicient  fence.    And  whereas 
18971  the  greater  part  of  the  said  tribe  have  been  baptised  and  re- 

18975  ceived  into  the  Catholic  church,  to  which  they  are  much  attached, 

18976  the  United  States  will  give  annually,  for  seven  years,  one  hundred 

18977  dollars  towards  the  support  of  a  priest  of  that  religion,  who  will 

18978  engage  to  perform  for  the  said  tribe  the  duties  of  his  office,  and 

18979  also  to  instruct  as  many  of  their  children  as  possible  in  the 

18980  rudiments  of  literature.     And  the  United  States  will  further 

18981  give  the  sum  of  three  hundred  dollars  to  assist  the  said  tribe  in 

18982  the  erection  of  a  church.     The  stipulations  made  in  this  and  the 

18983  preceding  article,  together  with  the  sum  of  five  hundred  and 
18981  eighty  dollars,  which  is  now  paid  or  assured  to  be  paid  for  the 

18985  said  tribe  for  the  purpose  of  procuring  some  necessary  articles, 

18986  and  to  relieve  them  from  debts  which  they  have  heretofore  con- 

18987  traeted,  is  considered  as  a  full  and  ample  compensation  for  the 

18988  relinquishment  made  to  the  United  States  in  the  first  article. 

18989  ARTICLE  4.  The  United  States  reserve  to  themselves  the 

18990  right  at  any  future  period  of  dividing  the  annuity  now  promised 

18991  to  the  said  tribe  amongst  the  several  families  thereof,  reserving 

18992  always  a  suitable  sum  for  the  great  chief  and  his  family. 

18993  ARTICLE  5.  And  to  the  end  that  the  United  States  may  be 
18991  enabled  to  fix  with  the  other  Indian  tribes  a  boundary  between 

18995  their  respective  claims,  the  chiefs  and  head- warriors  of  the  said 

18996  Kaskaskia  tribe  do  hereby  declare  that  their  rightful  claim  is  as 

18997  follows,  viz:  Beginning  at  the  confluence  of  the  Ohio  and  the 

18998  Mississippi ;    thence  up  the  Ohio  to  the  mouth  of  the  Saline 

18999  Creek,  about  twelve  miles  below  the  mouth  of  the  Wabash  ; 

19000  thence  along  the  dividing  ridge  between  the  said  creek  and  the 

19001  Wabash  until  it  comes  to  the  general  dividing  ridge  between  the 

19002  waters  which  fall  into  the  Wabash  and  those  which  fall  into  the 

19003  Kaskaskia  river ;  and  thence  along  the  said  ridge  until  it  reaches 
19001  the  waters  which  fall  into  the  Illinois  River ;  thence  in  a  direct 

19005  course  to  the  mouth  of  the  Illinois  Kiver;  and  thence  down  the 

19006  Mississippi  to  the  beginning. 

19007  ARTICLE  6.  As  long  as  the  lands  which  have  been  ceded 

19008  by  this  treaty  shall  continue  to  be  the  property  of  the  United 

19009  States,  the  said  tribe  shall  have  the  privilege  of  living  and  hunt- 

19010  ing  upon  them  in  the  same  manner  that  they  have  hitherto  done. 

19011  ARTICLE  7.  This  treaty  is  to  be  in  force  and  binding  upon 

54  i  T 


426 

19012  the  said  parties  as  soon  as  it  shall  be  ratified  by  the  President 

19013  and  Senate  of  the  United  States. 

19014  Proclaimed  December  23, 1803. 

19015  N.  B.    All  claims  for   annuities  and  for  damages  are  re- 
19010    moved  by  the  next  treaty. 


19017  KASKASKIAS,  PEOKIAS,  ETC. 

19018  FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 

19019  to  all   and   singular  to  whom  these  presents  shall  come, 

19020  greeting. 

19021  Whereas  a  treaty  was  made  and  concluded  on  the  thirtieth 

19022  day  of  May,  one  thousand  eight  hundred  and  fifty-four,  by 

19023  George  W.  Many  penny,  commissioner  on  the  part  of  the  United 
19021  States,  and  the  following-named  delegates  of  the  united  tribes  of 

19025  Kaskaskia  and  Peoria,  Piankeshaw  and  Wea  Indians,  viz :  Kio- 

19026  kaw-ino  -zan,  David   Lykius;  Sa-wa-ne  ke-ah,  or  Wilson;  Sha- 

19027  cab -qua,  or  Andrew  Chick ;  Ta-co-nah,  or  Mitchell ;  Che-swa-wa, 

19028  or  Kogers  ;  and  Yellow  Beaver,  thereto  duly  authorized  by  said 

19029  tribes  ;  which  treaty  is  in  the  words  following,  to  wit : 

19030  Articles  of  agreement  and   convention  made  and  concluded  at 

19031  the  city  of  Washington,  this   thirtieth  day  of  May,  one 

19032  thousand    eight   hundred    and    fifty-four,    by   George    W. 

19033  Manypenny,  commissioner  on  the  part  of  the  United  States, 

19034  and  the  following-named  delegates  representing  the  united 

19035  tribes  of  Kaskaskia  and  Peoria,  Piankeshaw    and   Wea 

19036  Indians,   viz :    Kio-kaw-nio-zan,  David  Lykius  ;    Sa-wa-ue- 

19037  ke-ah,  or  Wilson  ;  Sha-cah-quah,  or  Andrew  Chick;  Ta-ko- 

19038  nah,  or  Mitchel ;  Che-swa-wa,  or  Kogers;  and  Yellow  Bea- 

19039  ver,  they  being  duly  authorized  thereto  by-the  said  Indians. 

19040  ARTICLE  1.  The  tribes  of  Kaskaskia  and  Peoria  Indians, 

19041  and  of  Piankeshaw  and  Wea  Indians,  parties  to  the  two  treaties 

19042  made  with  them  respectively  by  William  Clark,  Frank  J.  Allen, 

19043  and  Xathan  Kouns,   commissioners  on  the  part  of  the   United 

19044  States,  at  Castor  Hill,  on  the  twenty-seventh  and  twenty-ninth 

19045  days  of  October,  one  thousand   eight  hundred  and  thirty-two, 

19046  having  recently  in  joint  council  assembled,  united  themselves 

19047  into  a  single  tribe,  and  having  expressed  a  desire  to  be  recognized 

19048  and  regarded  as  such,  the  United  States  hereby  assent  to  the 

19049  action  of  said  joint  council  to  this  end,  and  now  recognize  the 

19050  delegates  who  sign  and  seal  this  instrument  as  the  authorized 

19051  representatives  of  said  consolidated  tribe. 

10052  ARTICLE  2.  The  said  Kaskaskias  and  Peorias,  and  the  said 


427 

19053  Piankeshaws  and  Weas,  hereby  cede  and  convey  to  the  United 

19054  States  all  their  right,  title,  and  interest  in  and  to  the  tracts  of 

19055  country   granted  and  assigned  to   them,   respectively,  by  the 
19050    fourth  article  of  the  treaty  of  October  twenty  seventh,  and  the 

19057  second  article  of  the  treaty  of  October  twenty-ninth,  one  thou- 

19058  sand  eight  hundred  and  thirty-two,  for  a  particular  description 

19059  of  said  tracts,  reference  being  had  to  said  articles  ;  excepting 
190GO    and  reserving  therefrom  a  quantity  of  land  equal  to  one  hundred 

19061  and  sixty  acres  for  each  soul  in  said  united  tribe,  according  to  a 

19062  schedule  attached  to  this  instrument,  and  ten  sections  additional, 

19063  to  be  held  as  the  common  property  of  the  said  tribe,  and  also  the 

19064  grant  to  the  American  Indian  Mission  Association,  hereinafter 

19065  specifically  set  forth. 

19066  ARTICLE  3.    It  is  agreed  that  the  United  States  shall,  as 

19067  soon  as  it  can  conveniently  be  done,  cause  the  lands  hereby 

19068  ceded  to  be  surveyed  as  the  public  lauds  are  surveyed;  and, 

19069  that  the  individuals  and  heads  of  families  shall,  within  ninety 

19070  days  after  the  approval  of   the  surveys,  select  the  quantity  of 

19071  laud  therefrom  to  which  they  may  be  respectively  entitled  as 

19072  specified  in  the  second   article  hereof ;  and  that  the  selections 

19073  shall  be  so  made  as  to  include  in   each  case,  as  far  as  possi- 

19074  ble,   the  present  residences  and   improvements   of  each;  and 

19075  where  that  is  not  practicable,  the  selections  shall  fall  on  lands  in 

19076  the  same  neighborhood  ;  and  if,  by  reason  of  absence  or  other- 

19077  wise,  the  above-mentioned  selections  shall  not  all  be  made  before 

19078  the  expiration  of  said  period,  the  chiefs  of  the   said  united 

19079  tribe  shall  proceed  to  select  lands  for  those  in  default ;  and  shall 

19080  also,  after  completing  said  last-named  selections,  choose  ten  sec- 

19081  tions  reserved  to  the  tribe;  and  said  chiefs  in  the  execution  of 

19082  the  duty  hereby  assigned  them  shall  select  lands  lying  adjacent 

19083  to  or  in  the  vicinity  of  those  that  have  been  previously  chosen 

19084  by  individuals.     All  selections  in  this  article  provided  for  shall 

19085  be  made  in  conformity  with  the  legal  subdivisions  of  the  Uni- 

19086  ted  States  lands,  and  shall  be  reported  immediately  in  writing, 

19087  with  apt  descriptions  of  the  same,  to   the  agent   for  the  tribe. 

19088  Patents  for  the  lands  selected  by  or  for  individuals  or  families 

19089  may  be  issued  subject  to  such  restrictions  respecting  leases  and 

19090  alienation   as  the  President  or  Congress  of  the  United  States 

19091  may  prescribe.     When  selections  are  so  made  or  attempted  to 

19092  be  made  as  to  produce  injury  to  or  controversies  between  indi- 

19093  viduals,  which  cannot  be  settled  by  the  parties,  the  matters  of 

19094  difficulty  shall  be  investigated  and  decided  on  equitable  terms 

19095  by  the  council  of  the  tribe,  subject  to  appeal  to  the  agent,  whose 

19096  decision  shall  be  final  and  conclusive. 

19097  ARTICLE  4.  After  the  aforesaid  selections  shall  have  been 

19098  made,  the  President  shall  immediately  cause  the  residue  of  the 


428 

19099  ceded  lands  to  be  offered  for  sale  at  public  auction,  being  gov- 

19100  erned  in  all  respects  in  conducting  such  sale  by  the  laws  of  the 

19101  United  States  for  the  sale  of  public  lands,  and  such  of  said  lands 

19102  as  may  not  be  sold  at  public  sale  shall  be  subject  to  private 

19103  entry  at  the  minimum  price  of  United  States  lands,  for  the  term 
19101  of  three  years  ;  and  should  any  thereafter  remain  unsold,  Con- 
19105  gress  may,  by  law,  reduce  the  price  from  time  to  time,  until  the 
1910G  whole  of  said  lauds  are  disposed  of,  proper  regard  being  had  in 

19107  making  the  reduction  to  the  interests  of  the  Indians  and  to  the 

19108  settlement  of  the  country.     And  in  consideration  of  the  cessions 

19109  hereinbefore  made,  the  United  States  agree  to  pay  to  the  said 

19110  Indians,  as  hereinafter  provided,  all  the  moneys  arising  from 

19111  the  sales  of  said  lands  after  deducting  therefrom  the  actual  cost 

19112  of  surveying,  managing,  and  selling  the  same. 

19113  ARTICLE  5.  The  said  united  tribes  appreciate  the  importance 

19114  and  usefulness  of  the  mission  established  in  their  country  by 

19115  the  board  of  the  American  Indian  Mission  Association,   and 
1911 G  desiring  that  it  shall  continue  with  them,  they  hereby  grant  unto 

19117  said  board  a  tract  of  one  section  of  six  hundred  and  forty  acres 

19118  of  laud,  which  they,  by  their  chiefs,  in  connection  with  the 

19119  proper  agent  of  the  board,  will  select ;  and  it  is  agreed  that  after 

19120  the  selections  shall  have  been  made,  the  President  shall  issue  to 

19121  such  person  or  persons  as  the  aforesaid  board  may  designate  a 

19122  patent  for  the  same. 

19123  ARTICLE  G.  The  said  Kaskaskias  and  Peorias,  and  the  said. 

19124  Piankeshaws  and  Weas,  have  now,  by  virtue  of  the  stipulations 

19125  of  former  treaties,  permanent  annuities,  amounting  in  all  to 
1912G  three  thousand  eight  hundred  dollars  per  annum,  which  they 

19127  hereby  relinquish  and  release,  and  from  the  further  payment 

19128  of  which  they  forever  absolve  the  United  States;  and  they  also 

19129  release  and  discharge  the  United  States  from  all  claims  of  dam- 

19130  ages  of  every  kind  by  reason  of  the  non-fulfilment  of  former 

19131  treaty  stipulations,  or  of  injuries  to  or  losses  of  stock  or  other 

19132  property  by  the  wrongful  acts  of  citizens  of  the  United  States ; 

19133  and  in  consideration  of  the  relinquish  men  ts  and  releases  afore- 

19134  said,  the  United  States  agree  to  pay  to  said  united  tribe,  under 

19135  the  direction  of  the  President,  the  sum  of  sixty-six  thousand 
1913G  dollars,  in  six  annual  instalments,  as  follows:  In  the  month  of 

19137  October,  in  each  of  the  years  one  thousand  eight  hundred  and 

19138  fifty-four,  one  thousand  eight  hundred  and  fifty-five,  and  one 

19139  thousand  eight  hundred  and  fifty-six,  the  sum  of  thirteen  thou- 

19140  sand  dollars,  and  in  the  same  month  in  each  of  the  years  one 

19141  thousand  eight  hundred  and  fifty-seven,  one  thousand  eight  hun- 

19142  dred  and  fifty  eight,  and  one  thousand  eight  hundred  and  fifty  - 

19143  nine,  nine  thousand  dollars,  and  also  to  furnish  said  tribe  with 


429 

19144  an  interpreter  and  a  blacksmith  for  five  years,  and  supply  the 

19145  smith-shop  with  iron,  steel,- and  tools,  for  a  like  period. 

1914G  ARTICLE  7.  The  annual  payments  provided  for  in  article  six 

19147  are  designed  to  be  expended  by  the  Indians,  chiefly  in  extend- 

19148  ing  their  farming  operations,  building  houses,  purchasing  stock, 

19149  agricultural  implements,  and  such  other  things  as  may  promote 

19150  their  improvement  and  comfort,  and  shall  so  be  applied  by  them. 

19151  But  at  their  request  it  is  agreed  that  from  each  of  the  said 

19152  annual  payments  the  sum  of  five  hundred  dollars  shall  be  re- 

19153  served  for  the  support  of  the  aged  and  infirm,  and  the  sum  of 

19154  two  thousand  dollars  shall  be  set  off  and  applied  to  the  educa- 

19155  tion.  of  their  youth  j  and  from  each  of  the  first  three  there  shall 
191 5G  also  be  set  apart  and  applied   the  further  sum  of  two  thou- 

19157  sand  dollars,  to  enable  said  Indians  to  settle  their  affairs.    And  as 

19158  the  amount  of  the  annual  receipt  from  the  sales  of  their  lands 

19159  cannot  now  be  ascertained,  it  is  agreed  that  the  President  may, 
191.60  from  time  to  time,  and  upon  consultation  with  said  Indians, 

19161  determine  how  much  of  the  net  proceeds  of  said  sales  shall  be 

19162  paid  them,  and  how  much  shall  be  invested  in  safe  and  profita- 

19163  ble  stocks,  the  interest  to  be  annually  paid  to  them,  or  expended 

19164  for  their  benefit  and  improvement. 

19165  ARTICLE  8.  Citizens  of  the  United  States,  or  other  persons 

19166  not  members  of  said  united  tribe,  shall  not  be  permitted  to  make 

19167  locations  or  settlements  in  the  country  herein  ceded  until  after 

19168  the  selections  provided  for  have  been  made  by  said  Indians $ 

19169  and  the  provisions  of  the  act  of  Congress  approved  March  third, 

19170  one  thousand  eight  hundred  and  seven,  in  relation  to  lauds 

19171  ceded  to  the  United  States,  shall,  so  far  as  the  same  are  appli- 
1917:2  cable,  be  extended  to  the  lands  herein  ceded. 

19173  ARTICLE  9.   The    debts  of  individuals  of  the  tribe,   cou- 

19174  tracted  in  their  private  dealings,  whether  to  traders  or  other- 

19175  wise,  shall  not  be  paid  out  of  the  general  funds.    And  should 

19176  any  of  said  Indians  become  intemperate  or  abandoned,  and  waste 

19177  their  property,  the  President  may  withhold  any  moneys  due  or 

1 9178  payable  to  such,  and  cause  them  to  be  paid,  expended,  or  applied, 

19179  so  as  to  ensure  the  benefit  thereof  to  their  families. 

191 80  ARTICLE  1 0.  The  said  Indians  promise  to  renew  their  efforts 

19181  to  prevent  the  introduction  and  use  of  ardent  spirits  in  their 

19182  country,  to   encourage  industry,  thrift,  and  morality,  and  by 

19183  every  possible  means  to  promote  their  advancement  in  civiliza- 

19184  tion.     They  desire  to  be  at  peace  with  all  men,  and  they  bind 

19185  themselves  not  to  commit  depredation  or  wrong  upon  either  In- 

19186  dians  or  citizens;  and,  should  difficulties  at  any  time  arise,  they 

19187  will  abide  by  the  laws  of  the  United  States  in  such  cases  made 

19188  and  provided,  as  they  expect  to  be  protected  and  to  have  their 

19189  rights  vindicated  by  those  laws. 


430 

19190  ARTICLE  11.  The  object  of  the  instrument  being  to  ad- 

19191  vauce  the  interests  of  said  Indians,  it  is  agreed,  if  it  prove 

19192  insufficient,  from  causes  which  cannot  now  be  foreseen,  to  effect 

19193  these  ends,  that  the  President  may,  by  and  with  the  advice  and 

19194  consent  of  the  Senate,  adopt  such  policy  in  the  management  of 

19195  their  affairs  as,  in  his  judgment,  may  be  most  beneficial  to  them  j 

19196  or  Congress   may  hereafter  make  such  provisions  by  law   as 

19197  experience  shall  prove  to  be  necessary. 

19198  ARTICLE  12.  It  is  agreed  that  all  roads  and  highways,  laid 

19199  out  by  authority  of  law,  shall  have  right  of  way  through  the 

19200  lands  herein   ceded  and  reserved,  on  the  same   terms  as  are 

19201  provided  by  law,  when  roads  and  highways  are  made  through 

19202  lauds  of  citizens  of  the  United  States;  and  railroad  companies, 

19203  when  the  lines  of  their  roads  necessarily  pass  through  the  lauds 

19204  of  the  said  Indians,  shall  have  right  of  way,  on  the  payment  of 

19205  a  just  compensation  therefor  in  money. 

1920G  ARTICLE  13.  It  is  believed  that  all  the  persons  and  families 

19207  of  the  said  combined  tribe  are  included  in  the  annexed  schedule, 

1920S  but  should  it  prove  otherwise,  it  is  hereby  stipulated  that  such 

19209  person  or  family  shall  select  from  the  ten  sections  reserved  as 

19210  common   property  the   quantity   due,  according   to    the  rules 

19211  hereinbefore  prescribed,  and  the  residue  of  said  ten  sections,  or 

19212  all  of  them,  as  the  case  may  be,  may  hereafter,  on  the  request  of 

19213  the  chiefs,  be  sold  by  the  President,  and  the  proceeds  applied 

19214  to  the  benefit  of  the  Indians. 

19215  ARTICLE  14.  This  instrument  shall  be  obligatory  on  the 

19216  contracting  parties  whenever  the  same  shall  be  ratified  by  the 

19217  President  and  the  Senate  of  the  United  States. 

19218  Proclaimed  August  10,  1854. 

19219  Schedule  of  persons  or  families  composing  the  united  tribe  of  Weas9 

19220  Piankeshaws,  PeoriaSj  and  KasJcasJcias,  with  the  quantity  of  land 

19221  to  be  selected  in  each  case,  as  provided  in  the  second  and  third 

19222  articles. 

19223  Persons  or  families.                                                   Male,.          Female,.          Total.          *1^ 

19224  Mash-she-we-lot-ta,  or  Joe  Peoria  ...       2          2          4          640 

19225  Marcus  Lindsay 3  3           6          960 

19226  Sam  Slick 516          960 

19227  Wah-ka-ko-nah,  or  Billy 101  160 

19228  Wah-kah-ko-se-ah 1  1          2          320 

19229  Luther  Pascal 2  2          4          640 

19230  Lewis  Pascal 1  1          2          320 

19231  John  Pascal 1  0          1          160 

19232  Edward  Black 3  2          5          800 

19233  Sha-cah-quah,  or  Andrew  Chick 3          4  7       1, 120 


431 


19234 

Persons   or   families. 

Males. 

Females. 

Total. 

Number 

19235 

Che-swa-wa,  or  Bodgers  

2 

4 

6 

960 

19236 

John  Westley  

1 

1 

2 

320 

19237 

Ma-co-se-tah,  or  F.  Valley  

3 

1 

4 

640 

19238 

Ma-cha-co-me-yah,  or  David  I/ykiiis.  . 

3 

2 

5 

800 

19239 

Sa-wa-na-ke-keah,  or  Wilson  

1 

2 

3 

480 

19240 

Na-me-quah-wah  

2 

0 

2 

320 

19241 

Pun-gish-e-no-qua  

1 

3 

4 

640 

19242 

Ma-cen-sah  

1 

1 

2 

320 

19243 

Yellow  Beaver  

3 

3 

6 

960 

19244 

John  Charl  v  

3 

3 

6 

960 

19245 

Bam-ba-cap-wa,  or  Battiste  Charly.  . 

9 

3 

5 

800 

19246 

Pali-to-can  

<) 

-j 

9 

4 

640 

19247 

Lee-we-ah,  or  Lewis  

I 

2 

3 

480 

19248 

Mah-kon-sah,  junior  

f> 

—i 

2 

4 

640 

19249 

Baptiste  Peoria  

3 

5 

8 

1,280 

19250 

Ma-qua-ko-nou-ga,  or  Lewis  Peekham  . 

5 

o 

7 

1?  120 

19251 

Captain  Mark  

9 

o 

4 

640 

19252 

Te-cotn-se,  or  Edward  Dajexat.  ..,-.. 

3 

1 

4 

640 

19253 

Thomas  Hedges  

1 

1 

2 

820 

19254 

Pah-ka-ko-se-qua  

0 

1 

1 

160 

19255 

En-ta-se  ina-qua  „  

0 

1 

1 

160 

19256 

You-za-na-ke-sa-gah  .  .  .    , 

2 

1 

3 

480 

19257 

Aw-sap-peen-qua-zah  

4 

0 

4 

640 

19258 

Kio-kaw-mo-zaw  .  ,  ,  

4 

9 

6 

960 

19259 

Chin-qua-ke-ah  

2 

3 

5 

800 

19260 

Peter  Cloud  

3 

_ 

3 

480 

19261 

Au-  see-pan-  n  ah,  or  Coon  

<> 

1 

3 

480 

19262 

My-he-num-ba  

3 

3 

6 

960 

19263 

Kish-e-koon-sah  

1 

2 

3 

480 

19264 

Kish  e-wau-e  sah  

3 

1 

4 

640 

19265 

Sho-cum-qua  

- 

2 

2 

320 

19266 

Pe  ta-na-ke-ka-pa  

o 

0 

9 

320 

19267 

Pa-kau-giali  

2 

1 

3 

480 

19268 

Se-pah-ke-ah  

1 

1 

2 

320 

19269 

Ngo-to-kop-wa  

1 

1 

9 

—  • 

320 

19270 

Kil-so-qua  

2 

2 

4 

640 

19271 

Be-zio,  or  Ben  

1 

9 

£t 

3 

480 

19272 

Kil-son-zah  

1 

2 

3 

480 

19273 

Shaw-lo-lee  .    

<> 

1 

3 

480 

19274 

Ke-she-kon-sah,  or  Wea  

1 

i> 

3 

480 

19275 

Ali-ska  w-we-se-  wall  

2 

- 

2 

320 

19276 

George  Clinton  

2 

- 

2 

320 

19277 

Ke-kaw-ke-to-qua  

9 

f> 

4 

640 

19278 

Sa-saw-kaw-qua-ga,  or  Kain  Tuck  

9 

3 

5 

800 

19279 

Wak-sah-ko-le-an  

1 

3 

4 

640 

432 

19280                                                    Person;,   or  lamilie.-.  Malfs.  Females.  Total.  Xumber 

of  at  re?1. 

19281  Kin-ge-ton-no-zah,  or  Bed  Bird 1  1  2  320 

19282  Paw-saw-qua,  or  Jack  Booei 3  1  4  640 

19283  Ko-wa-ko-se-ah 2  2  320 

19284  Me-shin-qua-nie-saw 1  3  4  640 

19285  Chen-gwan-zaw X  3  480 

1 9286  Ke-che-koin-e-ah 2  2  320 

19287  Na-me-qua-wah,  junior 2  2  320 

19288  Ta-pah-cou-wah 1  1  2  320 

19289  Pa  pee-ze-sa-wah 1  1.  2  320 

19290  Ta-ko-nah,  or  Mitchel 2  3  5  800 

19291  Pe-la-she 1  1  2  320 

19292  VVah-ke-shin-gah 2  2  4  640 

19293  Waw-pou-ge-quah,  or  Mrs. Ward  3  3  6  960 

19294  Paw-saw-kaw-kaw-maw 2  2  320 

19295  Ke-maw-laii-e-ah 2  3  5  800 

19296  Qua-kaw-me-kaw-triia,  or  J.  Cox  ....  2  2  4  640 

19297  Cow-we-shaw ...........  2  2  320 

19298  Tab- wall  qua-ke-mon-ga 3  1  4  640 


19299  KLAMATHS,  ETC. 

19300  Treaty  between  the  United  States  of  America  and  the  Klamath  and 

19301  Moadoc  tribes  and    Yahooskin  band  of  Snake  Indians,  con- 

19302  eluded  October  14, 1864;  ratification  advised,  irith  amendments, 

19303  July  2,  1866. 

19304  ULYSSES  S.  GRANT,  President  of  the  United  States  of  America, 

19305  to  all  and  singular  to   whom    these  presents  shall  come, 

19306  greeting: 

19307  Whereas  a  treaty  was  made  and  concluded  at  Klamath 

19308  Lake,  in  the  State  of  Oregon,  on  the  fourteenth  day  of  October, 

19309  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 

19310  four,  by  and  between  J.  W.  Perit   Huutingtoii   and   William 

19311  Logan,  commissioners  on  the  part  of  the  United  States,  and  La- 

19312  Lake,  Chil-o-que-nas,  and  other  chiefs  and  head-men  of  the  Kla- 

19313  math  tribe  of  Indians;  Schon-chin,  Stak-it-ut,  and  other  chiefs 

19314  and  head-men  of  the  Moadoc  tribe  of  Indians;   and  Kile-to-ak 

19315  and  Sky-te  ock-et,  chiefs  and  head-men  of  the  Yahooskin  band 

19316  of  Snake  Indians,  respectively,  on  the  part  of  said  tribes  and 

19317  band  of  Indians,  and  duly  authorized  thereto  by  them,  which 

19318  treaty  is  in  the  words  and  figures  following,  to  wit: 

19319  Articles  of  agreement  and  convention  made  and  concluded  at 

19320  Klamath  Lake,  Oregon,  on  the  fourteenth  day  of  October,  A. 


433 

19321  D.  one  thousand  eight  hundred  and  sixty-four,  by  J.  W. 

19322  Perit  Huntington,  superintendent  of  Indian  affairs  in  Ore- 

19323  gon,  and  William  Logan,  United  States  Indian  agent  for 

19324  Oregon,  on  the  part  of  the  United  States,  and  the  chiefs 

19325  and  head-men  of  the  Klamath  and  Moadoc  tribes  and  Yahoo- 

19326  skin  band  of  Snake  Indians,  hereinafter  named,  to  wit, 

19327  La-Lake,  Chil-o-que-nas,  Kellogue,  Mo-ghen-kas-kit,  Blow, 

19328  Le-lu,  Palmer,  Jack,  Que-as,  Poo-sak-sult,  Che-mult,  Xo-ak- 

19329  sum,  Mooch-kat-allick,  Toon-tuck-tee,  Boos-ki-you,  Ski-a-tic, 

19330  Shol-las-loos,  Ta-tet-pas,  Muk-has,  Herman-koos-rnam,  chiefs 

19331  and  head-men  of  the  Klamaths;  Schon-chin,  Stak-it-ut,Keint- 

19332  poos,  Chuck-e-i-ox,  chiefs  and  head-men  of  the  Moadocs,  and 

19333  Kile-to-ak  and  Sky-te  ock-et,  chiefs  of  the  Yahooskin  band 

19334  of  Snakes. 

19335  ARTICLE  1.  The  tribes  of  Indians  aforesaid  cede  to  the 

19336  United  States  all  their  right,  title,  and  claim  to  all  the  country 

19337  claimed  by  them,  the  same  being  determined  by  the  following 

19338  boundaries,  to  wit  :  Beginning  at  the  point  where  the  forty- 

19339  fourth  parallel  of  north  latitude  crosses  the  summit  of  the  Cas- 

19340  cade    Mountains ;    thence   following  the   main   dividing-ridge 

19341  of  said  mountains  in  a  southerly  direction  to  the  ridge  which 

19342  separates  the  waters  of  Pitt   and  McOloud  Rivers  from  the 

19343  waters  on   the  north ;   thence  along  said  dividing-ridge  in  an 

19344  easterly  direction  to  the  southern  end  of  Goose  Lake ;  thence 

19345  northeasterly  to  the  northern  end  of  Harney  Lake  ;  thence  due 

19346  north  to  the  forty-fourth  parallel  of  north  latitude ;  thence  west 

19347  to  the  place  of    beginning:   Provided,  That  the  following-de- 

19348  scribed  tract,  within  the  country  ceded  by  this  treaty,  shall, 

19349  until  otherwise  directed  by  the  President  of  the  United  States, 

19350  be  set  apart  as  a  residence  for  said  Indians,  [and]  held  and  re- 

19351  garded  as  an  Indian  reservation,  to  wit :  Beginning  upon  the 

19352  eastern  shore  of  the  middle  Klamath  Lake,  at  the  Point  of 

19353  Rocks,  about  twelve  miles   below  the  mouth  of  Williamson's 

19354  River ;  thence  following  up  said  eastern  shore  to  the  mouth  of 

19355  Wood  River;  thence  up  Wood  River  to  a  point  one  mile  north 

19356  of  the  bridge  at  Fort  Klamath  ;  thence  due  east  to  the  summit 

19357  of  the  ridge  which  divides  the  upper  and  middle  Klamath 

19358  Lakes ;  thence  alcng  said  ridge  to  a  point  clue  east  of  the  north 

19359  end  of  the  upper  la  ve  ;  thence  due  east,  passing  the  said  north 

19360  end  of  the  upper  lake,  to  the  summit  of  the  mountains  on  the 

19361  east  side  of  the  lake  ;  thence  along  said  mountain  to  the  point 

19362  Avhere  Sprague's  River  is  intersected  by  the  Ish-tish-ea  wax 

19363  Creek ;  thence  in  a  southerly  direction  to  the  summit  of  the 

19364  mountain,  the  extremity  of  which  forms  the  Point  of  Rocks ; 

19365  thence  along  said  mountain  to  the  place  of  beginning.     And 

19366  the  tribes  aforesaid  agree  and  bind  themselves  that,  immedi- 

55  i  T 


434 

19367  ately  after  the  ratification  of  this  treaty,  they  will  remove  to 

19368  said  reservation  and  remain  thereon,  unless  temporary  leave  of 

19369  absence  be  granted  to  them  by  the  superintendent  or  agent 

19370  having  charge  of  the  tribes. 

19371  It  is  further  stipulated  and  agreed  that  no  white  person  shall 

19372  be  permitted  to  locate  or  remain  upon  the  reservation,  except 

19373  the  Indian  superintendent  and  agent,  employes  of  the  Indian 

19374  department,  and  officers  of  the  Army  of  the  United  States,  and 

19375  that  in  case  persons  other  than  those  specified  are  found  upon 

19376  the  reservation,  they  shall  be  immediately  expelled  therefrom  ; 

19377  and  the  exclusive  right  of  taking  fish  in  the  streams  and  lakes, 

19378  included  in  said  reservation,  and  of  gathering  edible  roots,  seeds, 

19379  and  berries  within  its  limits,  is  hereby  secured  to  the  Indians 

19380  aforesaid  :  Provided,  also,  That  the  right  of  way  for  public  roads 

19381  and  railroads  across  said  reservation  is  reserved  to  citizens  of 

19382  the  United  States. 

19383  ARTICLE  2.  In  consideration  of,  and  in   payment  for  the 

19384  country  ceded  by  this  treaty,  the  United  States  agree  to  pay  to 

19385  the  tribes  conveying  the  same  the  several  sums  of  money  here- 

19386  inafter  enumerated,  to  wit :  Eight  thousand  dollars  per  annum 

19387  for  a  period  of  five  years,  commencing  on  the  first  day  of  Octo. 

19388  ber,  eighteen  hundred  and  sixty-five,  or  as  soon  thereafter  as 

19389  this  treaty  may  be  ratified  ;  five  thousand  dollars  per  annum  for 

19390  the  term  of  five  years  next  succeeding  the  first  period  of  five 

19391  years;  and  three  thousand  dollars  per  annum  for  the  term  of 

19392  five  years  next  succeeding  the  second  period  5  all  of  which  sev- 

19393  eral  sums  shall  be  applied  to  the  use  and  benefit  of  said  Indians 

19394  by  the  superintendent  or  agent  having  charge  of  the  tribes 

19395  under  the  direction  of  the  President  of  the  United  States,  who 

19396  shall,  from  time  to  time,  in  his  discretion,  determine  for  what 

19397  objects  the  same  shall  be  expended,  so  as  to  carry  out  the  design 

19398  of  the  expenditure,  [it]  being  to  promote  the  well-being  of  the 

19399  Indians,  advance  them  in  civilization,  and  especially  agriculture, 

19400  and  to  secure  their  moral  improvement  and  education. 

19401  ARTICLE  3.  The  United  States  agree  to  pay  said  Indians 

19402  the  additional   sum   of   thirty-five  thousand  dollars,  a  portion 

19403  whereof  shall  be  used  to  pay  for  such  articles  as  may  be  ad- 

19404  vanced  to  them  at  the  time  of  signing  this  treaty,  and  the  re- 

19405  mainder  shall  be  applied  to  subsisting  the  Indians  during  the 

19406  first  year  after  their  removal  to  the  reservation,  the  purchase  of 

19407  teams,  farming  implements,  tools,  seeds,  clothing,  and  provisions 

19408  and  for  the  payment  of  the  necessary  employes. 

19409  ARTICLE  4.  The  United  States  further  agree  that  there  shall 

19410  be  erected  at  suitable  points  on  the  reservation,  as  soon  as  prac- 

19411  ticable  after  the  ratification  of  this  treaty,  one  saw-mill,  one 

19412  flouring-mill,  suitable  buildings  for  the  use  of  the  blacksmith. 


435 

19413  carpenter,  and  wagon  and  plough  maker,  the  necessary  buildings 

19414  for  one  manual-labor  school,  and  such  hospital  buildings  as  may 

19415  be  necessary,  which  buildings  shall  be  kept  in  repair  at  the  ex- 

19416  pense  of  the  United  States  for  the  term  of  twenty  years ;  and  it 

19417  is  further  stipulated  that  the  necessary  tools  and  material  for  the 

19418  saw-mill,  flour-mill,  carpenter,  blacksmith,  and  wagon  and  plough 

19419  maker's  shops,  and  books  and  stationery  for  the  manual-labor 

19420  school,  shall  be  furnished  by  the  United  States  for  the  period  of 

19421  twenty  years. 

19422  ARTICLE  5.  The  United  States  further  engage  to  furnish 

19423  and  pay  for  the  services  and  subsistence,  for  the  term  of  fifteen 

19424  years,  of  one  superintendent  of  farming  operations,  one  farmer, 

19425  one  blacksmith,  one  sawyer,  one  carpenter,  and  one  wagon  and 

19426  plough  maker,  and  for  the  term  of  twenty  years  of  one  physician, 

19427  one  miller,  and  two  school-teachers. 

19428  ARTICLE  6.  The   United  States   may,  in  their   discretion, 

19429  cause  a  part  or  the  whole  of  the  reservation  provided  for  in  Ar- 

19430  ticle  1  to  be  surveyed  into  tracts,  and  assigned  to  members  of 

19431  the  tribes  of  Indians  parties  to  this  treaty,  or  such  of  them  as 

19432  may  appear  likely  to  be  benefited  by  the  same,  under  the  follow- 

19433  ing  restrictions  and  limitations,  to  wit :  To  each  head  of  a  fam- 

19434  ily  shall  be  assigned  and  granted  a  tract  of  not  less  than  forty 

19435  nor  more  than  one  hundred  and  twenty  acres,  according  to  the 

19436  number  of  persons  in  such  family ;  and  to  each  single  man  above 

19437  the  age  of  twenty-one  years  a  tract  not  exceeding  forty  acres. 

19438  The  Indians  to  whom  these  tracts  are  granted  are  guaranteed 

19439  the  perpetual  possession  and  use  of  the  tracts  thus  granted  and 

19440  of  the  improvements  which  may  be  placed  thereon  $  but  no  In- 

19441  dian  shall  have  the  right  to  alienate  or  convey  any  such  tract  to 

19442  any  person  whatsoever,  and  the  same  shall  be  forever  exempt 

19443  from  levy,  sale,  or  forfeiture :  Provided,  That  the  Congress  of 

19444  the  United  States  nray  hereafter  abolish  these  restrictions  and 

19445  permit  the  sale  of  the  lauds  so  assigned,  if  the  prosperity  of  the 

19446  Indians  will  be  advanced  thereby  :  And  provided  further,  If  any 

19447  Indian,  to  whom  an  assignment  of  land  has  been  made,  shall  re- 

19448  fuse  to  reside  upon  the  tract  so  assigned  for  a  period  of  two  years, 

19449  his  right  to  the  same  shall  be  deemed  forfeited. 

19450  ARTICLE  7.  The  President  of  the  United  States  is  empow- 

19451  ered  to  declare  such  rules  and  regulations  as  will  secure  to  the 

19452  family,  in  case  of  the  death  of  the  head  thereof,  the  use  and 

19453  possession  of  the  tract  assigned  to  him,  with  the  improvements 

19454  thereon. 

19455  ARTICLE  8.  The  annuities  of  the  tribes  mentioned  in  this 

19456  treaty  shall  not  be  held  liable  or  taken  to  pay  the  debts  of  indi- 

19457  viduals. 

19458  ARTICLE  9.  The  several  tribes  of  Indians,  parties  to  this 


436 

19459  treaty,  acknowledge  their  dependence  upon  the  Government  of 

19460  the  United  States,  and  agree   to   be  friendly  with  all  citizens 

19461  thereof,  and  to   commit  no   depredations  upon  the  person  or 

19462  property  of  said  citizens,  and  to  refrain  from  carrying  on  any 

19463  war  upon  other  Indian  tribes ;  and  they  further  agree  that  they 

19464  will  not  communicate  with  or  assist  any  persons  or  nation  hostile 

19465  to  the  United  States;  and,  further,  that  they  will  submit  to  and 

19466  obey  all  laws  and  regulations  which  the  United  States  may  pre- 
19467  scribe  for  their  government  and  conduct. 

19468  ARTICLE  10.  It  is  hereby  provided  that  if  any  member  of 

19469  these  tribes  shall  drink  any  spirituous  liquor,  or  bring  any  such 

19470  liquor  upon  the  reservation,  his  or  her  proportion  of  the  benefits 

19471  of  this  treaty  may  be  withheld  for  such  time  as  the  President  of 

19472  the  United  States  may  direct. 

19473  ARTICLE  11.  It  is  agreed  between  the  contracting  parties 

19474  that  if  the  United  States,  at  any  future  time,  may  desire  to  locate 

19475  other  tribes  upon  the  reservation  provided  for  in  this  treaty,  no 

19476  objection  shall  be  made  thereto;  but  the  tribes,  parties  to  this 

19477  treaty,  shall  not,  by  such  location  of  other  tribes,  forfeit  any  of 

19478  their  rights  or  privileges  guaranteed  to  them  by  this  treaty. 

19479  ARTICLE  12.  This  treaty  shall  bind  the  contracting  parties 

19480  wheneverthe  same  is  ratified  by  the  Senate  and  President  of  the 

19481  United  States. 

19482  Proclaimed  February  17,  1870. 


19483  KJCKAPOOS. 


19484  A  treaty  between  the  United  States  of  America  and  the  Kickapoo 

19485  tribe  of  Indians. 

19486  William  Henry  Harrison,  governor  of  the  Indiana  Territory 

19487  and  commissioner   plenipotentiary  of  the  United   States   for 

19488  treating  with  the  Indian  tribes  northwest  of  the  Ohio,  and  the 

19489  sachems  and  war- chiefs  of  the  Kickapoo   tribe  on  the  part  of 

19490  said  tribe,  have  agreed  on  the  following  articles,  which,  when 

19491  ratified  by  the  President,  by  and  with  the  advice  of  the  Senate, 

19492  shall  be  binding  on  said  parties : 

19493  ARTICLE  1.  The  ninth  article  of  the  treaty  concluded  at 

19494  Fort  Wayne  on   the  thirtieth  of   September   last  (proclaimed 

19495  January  16,  1810,  see  page  — ,)  and  the  cession  it  contains,  is 

19496  hereby  agreed  to  by  the  Kickapoos,  and  a  permanent  additional 

19497  annuity  of  four  hundred  dollars,  and  goods  to  the  amount  of 

19498  eight  hundred  dollars,  now  delivered,  is  to  be  considered  as  a 

19499  full  compensation  for  the  said  cession. 


437 

19500  ARTICLE  2.  The  said  tribe  further  agrees  to  cede  to  the 

19501  United  States  all  that  tract  of  land  which  lies  between  the  tract 

19502  above  ceded,  the  Wabasli,  the  Vermillion  Biver,  and  a  line  to 

19503  be  drawn  from  the  north  corner  of  the  said  ceded  tract,  so  as  to 

19504  strike  the  Vermilion  Elver  at  the  distance  of  twenty  miles  in  a 

19505  direct  line  from  its  mouth.     For  this  cession  a  further  annuity 

19506  of  one  hundred  dollars,  and  the  sum  of  seven  hundred  dollars 

19507  in  goods,  now  delivered,  is  considered  as  a  full  compensation. 

19508  But  if  the  Miamies  should  not  be  willing  to  sanction  the  latter 

19509  cession,  and  the  United  States  should  not  think  proper  to  take 

19510  possession  of  the  land  without  their  consent,  they  shall  be  re- 

19511  leased  from  the  obligation  to  pay  the  additional  annuity  of  one 

19512  hundred  dollars. 

19513  ARTICLE  3.  The    stipulations  contained  in  the  treaty  of 

19514  Greenville  relatively  to  the  manner  of  paying  the  annuity  and 

19515  of  the  right  of  the  Indians  to  hunt  upon  the  land,  shall  applty 

19516  to  the  annuity  granted  and  the  land  ceded  by  the  present  treaty. 

19517  Proclaimed  March  3,  1810. 


19518  A  treaty  of  peace  and  friendship  made  and  concluded  between  Will- 

19519  iam  Clark,  Ninian  Edwards,  and  Auguste  Chouteau,  commis- 

19520  sioners  plenipotentiary  of  the  United  States  of  America  on  the 

19521  part  and  behalf  of  the  said  States,  of  the  one  part,  and  the  un- 

19522  dersigned  chiefs,  warriors,  and  deputies  of  the  Kickapoo  tribe 

19523  or  nation,  on  the  part  and  behalf  of  the  said  tribe  or  nation,  of 

19524  the  other  part. 

19525  The  parties  being  desirous  of  re-establishing  peace  and 

19526  friendship  between  the  United  States  and  the  said  tribe  or  na- 

19527  tion,  and  of  being  placed  in  all  things  and  in  every  respect  on  the 

19528  same  footing  upon  which  they  stood  before  the  war,  have  agreed 

19529  to  the  following  articles : 

19530  ARTICLE  1.  Every  injury  or  act  of  hostility  by  one  or  either 

19531  of  the  contracting  parties  towards  the  other  shall  be  mutually 

19532  forgiven  and  forgot. 

19533  ARTICLE  2.  There  shall  be  perpetual  peace  and  friendship 

19534  between  all  the  citizens  of  the   United  State* of  America  and 

19535  all  the  individuals  composing  the  said  Kickapoo  tribe  or  nation. 

19536  ARTICLE  3.  The  contracting  parties  do  hereby  agree,  prorn- 

19537  ise,  and  oblige  themselves,  reciprocally,  to  deliver  up  all  the 

19538  prisoners  now  in  their  hands  (by  what  means  soever  the  same 

19539  may  have  come  into  their  possession)  to  the  officer  commanding 

19540  at  Fort  Clarke,  on  the  Illinois  Kiver,  to  be  by  him  restored  to 

19541  their  respective  nations  as  soon  as  it  may  be  practicable. 

19542  ARTICLE  4.  The  contracting  parties,  in  the  sincerity  of  inu- 


438 

19543  tual  friendship,  recognize,  re-establisb,  and  confirm  all  and  every 

19544  treaty,  contract,  and  agreement  heretofore  concluded  between 

19545  the  United  States  and  the  Kickapoo  tribe  or  nation. 

19546  Katiiied  December  26,  1815. 

19547  N.  B.  The  obligations  imposed  on  the  United  States  by  this 

19548  treaty  are  released  by  the  Article  4  of  the  treaty  proclaimed 

19549  January  13,  1821,  p.  439. 

19550  Articles  of  a  treaty  made  and  entered  into  at  Fort  Harrison,  in  the 

19551  Indiana  Territory,  between  Benjamin  Parke,  specially  author- 

19552  ized  thereto  by  the  President  of  the  United  States,  on  the  one 

19553  part,  and  the  tribes  of  Indians  called  the  Weas  and  Kickapoos, 

19554  by  their  chiefs  and  head-men,  of  the  other  part. 

19555  ARTICLE  1.  The  Weas  and  Kickapoos  again  acknowledge 

19556  themselves  in  peace  and  friendship  with  the  United  States. 

19557  ARTICLE  2.  The  said  tribes  acknowledge  the  validity  of, 

19558  and  declare  their  determination  to  adhere  to,  the  treaty  of  Green- 

19559  ville,  made  in  the  year  seventeen  hundred  and  ninety-five,  and 

19560  all  subsequent  treaties  which  they  have  respectively  made  with 

19561  the  United  States. 

19562  ARTICLE*  3.  The  boundary -line,  surveyed  and  marked  by 

19563  the  United  States,  of  the  land  on  the  Wabash  and  White  Eivers, 

19564  ceded  in  the  year  eighteen  hundred  and  nine,  the  said  tribes  do 

19565  hereby  explicitly  recognise  and  confirm  as  having  been  executed 

19566  conformably  to  the  several  treaties  they  have  made  with  the 

19567  United  States. 

19568  ARTICLE  4.  The  chiefs  and  warriors  of  the  said  tribe  of  the 

19569  Kickapoos  acknowledges  that  they  have  ceded  to  the   United 

19570  States  all  that  tract  of  country  which  lies  between  the  aforesaid 

19571  boundary  line  on  the  northwest  sideof  the  Wabasli — the  Wabash, 

19572  the  Yermillion  Eiver,  and  a  line  to  be  drawn  from  the  northwest 

19573  corner  of  the  said  boundary-line,  so  as  to  strike  the  Vermillion 

19574  River  twenty  miles  in  a  direct  line  from  its  mouth,  according  to 

19575  the  terms  arid  conditions  of  the  treaty  they  made  with  the  United 

19576  States  on  the  ninth  day  of  December,  in  the  year  eighteen  hun- 

19577  dred  and  nine. 

19578  Proclaimed  December  30,  1816. 

19579  A  treaty  made  and  concluded  at  Edwardsville,  in  the  State  of  Illi- 

19580  nois,  between  Auguste   Chouteau  and  Benjamin  Stephenson, 

19581  commissioners  on  the  part  and  behalf  of  the  United  States  of 

19582  America,  of  the  one  part,  and  the  undersigned,  principal  chiefs 

19583  and  warriors  of  the  Kiclcapoo  tribe  of  Indians,  on  the  part  and 

19584  behalf  of  said  tribe,  of  the  other  part. 

19585  ARTICLE  1  The  undersigned  chiefs  and  warriors,  for  thein- 

19586  selves  and  their  said  tribe,  for  and  in  consideration  of  the  prom- 


439 

10587  ises  and  stipulations  hereinafter  made,  do  hereby  cede  and  re- 

10588  linquish  to  the  United  States  forever  all  their  right,  interest, 
10580  and  title  of,  in,  and  to  the  following  tracts  of  laud,  viz:  All 

10500  their  laud  on  the  southeast  side  of  the  Wabash  Kiver,  including 

10501  the  principal  village  in  which  their  ancestors  formerly  resided, 
1050:2  consisting  of  a  large  tract,  to  which  they  have  had,  from  time 

10503  immemorial,  and  now  have,  a  just  right,  that  they  have  never 

10504  heretofore  ceded,  or  otherwise  disposed  of,  in  any  manner  what- 

10505  ever;   also  all  the  laud  within  the  following  boundaries,  viz: 

10506  Beginning  on  the  Wabash  Kiver,  at  the  upper  point  of  their 

10507  cession,  made  by  the  second  article  of  their  treaty  at  Vincenues 

10508  on  the  Oth  December,  1800 ;  running  thence,  northwestwardly, 
10500  to  the  dividing  line  between  the  States  of  Illinois  and  Indiana  ; 

10600  thence,  along  said  line,  to  the  Kankakee  Kiver;  thence,  with 

10601  said  river,  to  the  Illinois  Kiver;  thence,  down  the  latter,  to  its 

10602  mouth;  thence,  with  a  direct  line,  to  the  northwest  corner  of 

1 0603  the  Viucennes  tract,  as  recognised  in  the  treaty  with  the  Piank 

10604  eshaw  tribe  of  Indians  at  Vincennes,  on  the  30th  December,  1805 ; 

10605  and  thence,  with  the  western  and  northern  boundaries  of  the 

10606  cessions  heretofore  made  by  the  said  Kickapoo  tribe  of  Indians, 

10607  to  the  beginning.     Of  which  last-described  tract  of  land  the 

10608  said  Kickapoo  tribe  claim  a  large  portion,  by  descent  from  their 
10600  ancestors,  and  the  balance  by  conquest  from  the  Illinois  Nation, 

10610  and  uninterrupted  possession  for  more  than  half  a  century. 

10611  ARTICLE  2.  The  said  tribe  hereby  confirm  all  their  former 

10612  treaties  with  the  United  States,  and  relinquish  to  them  all  claim 

10613  to  every  portion  of  their  lands  which  may  have  been  ceded  by 

10614  any  other  tribe  or  tribes,  and  all  and  every  demand  which  they 

10615  might  have  had  in  consequence  of  the  second  article  of  the  treaty 

10616  made  with  the  Pottawattamy  Nation  of  Indians  at  St.  Mary's 

10617  on  the  2d  October,  1818,  (proclaimed  January  15,  1810.) 

10618  ARTICLE  3.  The  said  tribe  acknowledge  themselves  now  to 
10610  be,  and  promise  to  continue,  under  the  protection  of  the  United 

10620  States  of  America,  and  of  no  other  nation,  power,  or  sovereign 

10621  whatever. 

10622  ARTICLE  4.  The  said  tribe  release  the  United  States  from 

10623  all  obligations  imposed  by  any  treaties  heretofore  made  with 

10624  them. 

10625  ARTICLE  5.  The  United  States,  in  lieu  of  all  former  stipu- 

10626  lations,  and  in  consideration  of  cessions  of  land  heretofore  made 

10627  by  the  said  tribe,  promise  to  pay  them,  at  their  town  on  the 

10628  waters  of  the  Osage  Kiver,  two  thousand  dollars  in  silver,  annu- 
10620  ally,  for  fifteen  successive  years. 

10630  ARTICLE  6.  Altered  so  as  to  read  as  Article  1  of  treaty  of 

10631  July  10,  1820,  page  440. 


440 

19632  ARTICLE  7.  The  United  States  promise  to  guaranty  to  the 

19633  said  tribe  the  peaceable  possession  of  the  tract  of  land  hereby 

19634  ceded  to  them,  and  to  restrain  and  prevent  all  white  persons 

19635  from  hunting,  settling,  or  otherwise  intruding  upon  it.     But  any 

19636  citizen  or  citizens  of  the  United  States,  being  lawfully  authorized 

19637  for  that  purpose,  shall  be  permitted  to  pass  and  repass  through 

19638  the  said  tract,  and  to  navigate  the  waters  thereof,  without  any 

19639  hindrance,  toll,  or  exaction  from  the  said  tribe. 

19640  ARTICLE  8.  For  the  purpose  of  facilitating  the  removal  of 

19641  the  said  tribe  to  the  tract  of  laud  hereby  ceded  to  them,  the 

19642  United  States  will  furnish  them  with  two  boats,  well  manned, 

19643  to  transport  their  property  from  any  point  they  may  designate 

19644  on  the  Illinois  River,  and  some  judicious  citizen  shall  be  se- 

19645  lected  to  accompany  them  in  their  passage  through  the  white 

19646  settlements  to  their  intended  residence. 

19647  ARTICLE  9.  The  United  States  will  take  the  said  Kickapoo 

19648  tribe  under  their  care  and  patronage,  and  will  afford  them  pro- 

19649  tection  against  all  persons  whatever,  provided  they  conform  to 

19650  the  laws  of  the  United  States,  and  refrain  from  making  war,  or 

19651  giving  any  insult  or  offence  to  any  other  Indian  tribe,  or  to  any 

19652  foreign  nation,  without  first  having  obtained  the  approbation 

19653  and  consent  of  the  United  States. 

19654  ARTICLE  10.  The  said  tribe,  in  addition  to  their  above- 

19655  described  cessions,  do  hereby  cede  and  relinquish  to  the  United 

19656  States  generally  and  without  reservation  all  other  tracts  of  land 

19657  to  which  they  may  have  any  right  or  title  on  the  left  side  of  the 

19658  Illinois  and  Mississippi  Rivers. 

19659  Proclaimed  January  13,  182 L. 

19660  A  treaty  made  and  concluded  by  and  beticeen  Auguste  Chouteau 

19661  and  Benjamin  Stephenson,  commissioners  of  the  United  States 

19662  of  America,  on  the  part  and  behalf  of  the  said  States,  of  the 

19663  one  part,  and  the  undersigned,  chiefs  and  ivarriors  of  the  Kick- 

19664  apoo  tribe  of  Indians,  on  the  part  and  behalf  of  their  said 

19665  nation,  of  the  other  part,  the  same  being  supplementary  to  and 

19666  amendatory  of  the  treaty  made  and  concluded  at  Edivardsville 

19667  on  the  30th  July,  1819,  leticeen  the  United  States  and  the  said 

19668  Kickapoo  Nation,  and  proclaimed  January  13,  1821. 

19669  ARTICLE  1.  It  is  agreed  between  the  United  States  and  the 

19670  Kickapoo  tribe  of  Indians  that  the  sixth  article  of  the  treaty  to 

19671  which  this  is  supplementary  shall  be,  and  the  same  is  hereby 

19672  altered  and  amended  so  as  to  read  as  follows,  viz  : 

19673  In  consideration  of  and  exchange  for  the  cession  made  by 

19674  the  aforesaid  tribe  m  the  first  article  of  this  treaty  the  United 


441 

19675  States,  in  addition  to  three  thousand  dollars'  worth  of  merchan- 

19676  dise  this  day  paid  to  the  said  tribe,  hereby  cede  to  the  said 

19677  tribe,  to  be  by  them  possessed  in  like  manner  as  the  lands 

19678  ceded  by  the  first  article  of  this  treaty  by  them  to  the  United 

19679  States  were  possessed,  a  certain  tract  of  land  in  the  Territory  of 

19680  Missouri,  and  included  within  the  following  boundaries,  viz  : 

19681  Beginning  at  the  confluence  of  the  rivers  Pomines  de  Terreand 

19682  Osage  ;  thence  up  said  river  Pommes  de  Terre  to  the  dividing 

19683  ridge  which  separates  the  waters  of  Osage  and  White  Elvers ; 

19684  thence  with  said  ridge  and  westwardly  to  the  Osage  line ;  thence 

19685  due  north  with  said  line  to  Nerve  Creek ;  thence  down  the  same 

19686  to  a  point  due  south  of  the  mouth  of  White  Clay,  or  Eichard 

19687  Creek ;   thence  north  to  the  Osage  River ;  thence  down  said 

19688  river  to  the  beginning. 

19689  Proclaimed  January  13,  1821. 


19690  Articles  of  a  treaty  made  and  entered  into  at  Castor  Hill,  in  the 

19691  count)/  of  St.  Louis,  in  the  State  of  Missouri,  this  twenty -fourth 

19692  day  of  October,  one  thousand  eight  hundred  and  thirty-two,  be- 

19693  tween  William  Clark,  Frank  J.  Allen,  and  Nathan  Kouns, 

19694  commissioners  on  the  part  of  the  United  States,  of  the  one  part, 

19695  and  the  chiefs,  warriors,  and  counsellors  of  the  Kickapoo  tribe 

19696  of  Indians,  on  behalf  of  said  tribe,  of  the  other  part. 

19697  ARTICLE  1.  The  Kickapoo  tribe  el  laaians,  in  consideration 

19698  of  the  stipulations  hereinafter   made,  do  hereby  cede  to  the 

19699  United  States  the  lands  assigned  to  them  by  the  treaty  of  Ed- 

19700  wardsville,  and  concluded  at  St.  Louis,  the  nineteenth  day  of 

19701  July,  eighteen  hundred  and  twenty-two,  and  all  other  claims  to 

19702  lands  within  the  State  of  Missouri. 

19703  ARTICLE  2.  The  United  States  will  provide  for  the  Kickapoo 

19704  tribe  a  country  to  reside  in,  southwest  of  the  Missouri  River, 

19705  as  their  permanent  place  of  residence  as  long  as  they  remain  a 

19706  tribe.     And  whereas  the  said  Kickapoo  tribe  are  now  willing  to 

19707  remove,  on  the  following  conditions,  from  the  country  ceded  on 

19708  Osage  River,  in  the  State  of  Missouri,  to  the  country  selected 

19709  on  the  Missouri  River,  north  of  lands  which  have  been  assigned 

19710  to  the  Delawares ;  it  is  hereby  agreed  that  the  country  within 

19711  the  following  boundaries  shall  be  assigned,  conveyed,  and  for- 

19712  ever  secured,  and  is  hereby  so  assigned,  conveyed,  and  secured 

19713  by  the  United  States  to  the  said  Kickapoo  tribe,  as  their  perma- 

19714  nent  residence,  viz :  Beginning  on  the  Delaware  line  six  miles 

19715  westwardly  of  Fort  Leavenworth,  thence  with   the  Delaware 

19716  line  westwardly  sixty  miles,  thence  north  twenty  miles,  thence 

19717  in  a  direct  line  to  the  west  bank  of  the  Missouri,  at  a  point 

19718  twenty-six  miles  north  of  Fort  Leavenworth,  thence  down  the 

56  I  T 


442 

19710  west  bank  of  the  Missouri  Eiver  to  a  point  six  miles  nearly 

19720  northwest  of  Fort  Leaven  worth,  and  thence  to  the  "beginning. 

19721  ARTICLE  3.  In  consideration  of  the  cession  contained  in 

19722  the  tirst  article,  the  United  States  agree  to  pay  to  the  Kickapoo 

19723  tribe,  within  one  year  after  the  ratification  of  this  treaty,  an 

19724  annuity  for  one  year  of  eighteen  thousand  dollars ;  twelve  thou- 

19725  sand  dollars  of  which,  at  the  urgent  request  of  said  Indians, 

19726  shall  be  placed  in  the  hands  of  the  superintendent  of  Indian 

19727  affairs,  at  St.  Louis,  and  be  by  him  applied  to  the  payment  of 

19728  the  debts  of  the  said  tribe,  agreeably  to  a  schedule  to  be  fur- 

19729  uished  by  them  to  the  said  superintendent,  stating,  as  far  as 

19730  practicable,  for  what  contracted,  and  to  whom  due  ;  and  the  said 

19731  superintendent  shall,  as  soon  as  possible,  after  the  said  money 

19732  comes  into  his  hands,  pay  it  over  in  a  just  apportionment,  agree- 

19733  ably  to  their  respective  claims,  to  the  creditors  of  the  said  tribe, 

19734  as  specified  in  the  schedule  furnished  him.     And  should  any  bal- 

19735  ance  remain  in  his  hands  after  said  apportionment  and  payment, 

19736  it  shall  be  by  him  paid  over  to  the  said  Kickapoo  tribe  for  their 

19737  use  and  benefit. 

19738  ARTICLE  4.  The  United  States  further  agree  to  pay  to  the 

19739  Kickapoo  tribe  an  annuity  of  five  thousand  dollars  per  annum, 

19740  in  merchandize,  at  its  cost  in  St.  Louis,  or  in  money,  at  their 

19741  option,  for  nineteen  successive  years,  commencing  with  the  second 

19742  year  after  the  ratification  of  this  treaty. 

19743  ARTICLE  5.  The  United  States  will  pay  one  thousand  dol- 

19744  lars  annually  for  five  successive  years,  for  the  support  of  a  black- 

19745  smith  and  strikers ;  purchase  of  iron,  sleel,  tools,  &c.,  for  the 

19746  benefit  of  said  tribe,  on  the  lands  hereby  assigned  them. 

19747  ARTICLE  6.  The  United  States  agree  to  pay  thirty-seven 

19748  hundred  dollars  for  the  erection  of  a  mill  and  a  church,  for  the 

19749  use  of  said  tribe,  on  the  aforesaid  lands. 

19750  ARTICLE  7.  The  United  States  will  pay  five  hundred  dol- 

19751  lars  per  annum,  for  ten  successive  years,  for  the  support  of  a 

19752  school,  purchase  of  books,  &c.,  for  the  benefit  of  said  Kickapoo 

19753  tribe  on  the  lands  herein  ceded  to  them. 

19754  ARTICLE  8.  The  United  States  agree  to  pay  three  thousand 

19755  dollars  for  farming  utensils,  when  such  utensils  may  be  required 

19756  by  said  tribe,  on  their  land. 

19757  ARTICLE  9.  The  United  States  will  pay  four  thousand  dol- 

19758  lars  for  labour  and  improvements  on  the  lands  herein  ceded 

19759  said  Kickapoos. 

19760  ARTICLE  10.  The  United  States  agree  to  pay  four  thousand 

19761  dollars  in  cattle,  hogs,  and  such  other  stock  as  may  be  required 

19762  by  the  said  tribe ;  to  be  also  delivered  on  their  land. 

19763  ARTICLE  11.  There  shall  be  paid  in  merchandize  and  cash, 

19764  to  the  Kickapoos  now  present,  for  the  use  and  benefit  of  their 


443 

197G5  tribe,  six  thousand  dollars,  the  receipt  of  which  is  hereby  ac- 

19766  knowledged;  which  amount,  together  with  the  several  stipula- 

19767  tious  contained  in  the  preceding  articles,  shall  be  considered  as 

19768  a  full  compensation  for  the  cession  herein  made  by  said  Kickapoo 

19769  tribe.     The  United  States  will  furnish  said  Indians  with  some 

19770  assistance  when  removing  to  the  lands  hereby  assigned  them, 

19771  and  supply  them  with  one  year's  provisions  after  their  arrival  on 

19772  said  land. 

19773  ARTICLE  12.  The  United  States  agree  to  run  and  mark  out 

19774  the  boundary -lines  of  the  lands  hereby  ceded  to  the  said  tribe, 

19775  within  three  years  from  the  date  of  the  ratification  of  this  treaty. 

19776  ARTICLE  13.  The  said  Indians  agree  to  remove,  with  as  little 

19777  delay  as  possible,  to  the  land  hereby  ceded  to  them. 

19778  ARTICLE  14.  The  United' States  agree,  at  the  particular  re- 

19779  quest  of  the  Ivickapoos,  that  a  deputation  of  their  tribe  shall  be 

19780  sent,  with  one  or  two  of  the  commissioners,  to  .view  the  lands 

19781  hereby  ceded   to  them,  which   deputation  and  commissioners 

19782  jointly  agreeing,  shall  have  power  to  alter  the  boundary -lines  so 

19783  as  to  make  a  selection  of  a  body  of  laud  not  exceeding  twelve 

19784  hundred  square  miles,  adjoining  to  and  lying  between  the  Big 

19785  Nemaha  Eiver  and  the  Delaware  lands,  and  of  changing  the  lines 

19786  of  the  land  hereby  ceded  in  the  second  article  of  this  treaty,  not 

19787  exceeding  half  the  front  on  the  Missouri- between  the  mouth  of 

19788  Big  Kemaha  and  Fort  Leavenworth,  so  as  to  include  a  suitable 

19789  scite  for  a  mill-seat,  should  it  be  desired  by  said  tribe  and  ap- 

19790  pear  necessary  to  the   commissioners.     And  it  is  understood 

19791  that  if  the  commissioners,  on  viewing  the  land  ceded  in  the 

19792  second  article  of  this  treaty,  shall  find  it  of  good  quality,  and  suf- 

19793  ficient  for  said  tribe,  then  the  aforesaid  second  article  to  be  as 

19794  binding  on  the  contracting  parties  as  if  this  article  had  not  been 

19795  inserted. 

19796  ARTICLE  15.  This  treaty  to  be  binding  when  ratified  by  the 

19797  President  and  Senate  of  the  United  States. 

19798  Proclaimed  February  13,  1833. 

19799  Supplemental  article  to  the  treaty  with  the  Kickapoo  tribe  of  Indians, 

19800  of  the  twenty -fourth  October,  one  thousand  eight  hundred  and 

19801  thirty -two,  and  proclaimed  February  13,  1833. 

19802  The  undersigned,  commissioners  on  the  part  of  the  United 
10803  States,  and  a  deputation  of  Kickapoos,  on  the  part  of  the  Kick- 

19804  apoo  tribe  of  Indians,  having  visited  the  lands  assigned  to  the 

19805  said  tribe  by  the  second  article  of  a  treaty  with  the  said  tribe, 

19806  concluded  at  Castor  Hill,  in  the  county  of  Saint  Louis,  and  State 

19807  of  Missouri,  on  the  twenty-fourth  day  of  October,  one  thousand 

19808  eight  hundred  and  thirty-two,  and  by  authority  of  the  powers 


444 

19809  vested  in  the  said  commissioners,  and  the  said  deputation,  by 

19810  the  fourteenth  article  of  the  aforesaid  treaty,  have  agreed  that 

19811  the  boundary -lines  of  the  lands  assigned  to  the  Kickapoos  shall 

19812  begin  on  the  Delaware  line,  where  said  line  crosses  the  left  branch 

19813  of  Salt  Creek,  thence  down  said  creek  to  the  Missouri  Eiver, 

19814  thence  up  the  Missouri  Eiver  thirty  miles  when  measured  on  a 

19815  -straight  line,  thence  westwardly  to  a  point  twenty  miles  from 
1981G  the  Delaware  line,  so  as  to  include  in  the  lauds  assigned  the 

19817  Kickapoos  at  least  twelve  hundred  square  miles. 

19818  K  B. — The  United  States  are  released  from  all  claims  and 

19819  demands  of  any  kind,  under  the  preceding  treaties,  by  article  8 

19820  of  the  treaty  of  May  18, 1854,  proclaimed  July  19, 1854,  page  447. 

19821  FRANKLIN  PIERCE,  President  of  the  United  States  of  Amer- 

19822  ica;  to  all  and  singular  to  whom  these  presents  shall  come, 

19823  greeting: 

19824  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

19825  Washington  on  the  eighteenth  day  of  May,  one  thousand  eight 
1982C  hundred  and  fifty-four,  by  George  W.  Manypenuy,  commissioner 

19827  on  the  part  of  the  United  States,  and  the  following-named  dele- 

19828  gates  of  the  Kickapoo  tribe  of  Indians,  viz,  Pah-kah-kah  or 

19829  John  Kennekuk,  Kap-i-o-mah  or  the  Fox  Carrier,  No-ka-wat  or 

19830  the  Fox  Hair,  Pe-sha-gon  or  Tug  made  of  Bear  Skin,  and  Ke-wi- 

19831  sah-tuk  or  Walking  Bear  or  Squire,  thereto  duly  authorized  by 

19832  said  tribe,  which  treaty  is  in  the  words  following,  to  wit : 

19833  Articles  of  agreement  and  convention  made  and  concluded  at 

19834  the  city  of  Washington  this  eighteenth  day  of  May,  one 

19835  thousand  eight  hundred  and  fifty-four,  by  George  W.  Many- 

19836  penny,  commissioner  on  the  part  of  the  United  States,  and 

19837  the  following-named  delegates   of  the  Kickapoo  tribe  of 

19838  Indians,  viz,  Pah-kah-kah  or  John  Kenuekuk,  Kap-i-o-inah 

19839  or  the  Fox  Carrier,  2s~o-ka-wat  or  the  Fox  Hair,  Pe-sha-gon  or 

19840  Tug  made  of  Bear  Skin,  and  Ke-wi-sah-tuk  or  Walking  Bear 

19841  or  Squire,  thereto  duly  authorized  by  said  tribe. 

19842  ARTICLE  1.  The  Kickapoo  tribe  of  Indians  hereby  cede, 

19843  sell,  and  convey  unto  the  United  States  all  that  country  south- 

19844  west  of  the  Missouri  Eiver,  which  was  provided  as  a  permanent 

19845  home  for  them  in  the  treaty  of  Castor  Hill,  of  the  twenty-fourth 
1984G  of  October,  one  thousand  eight  hundred  and  thirty-two,  and 

19847  described  in  the  supplemental  article  thereto,  entered  into  at 

19848  Fort  Leaven  worth  on  the  26th  of  November,  one  thousand  eight 

19849  hundred  and  thirty-two,  as  follows  :    Beginning  "  on  the  Dela- 

19850  ware  line,  where  said  line  crosses  the  left  branch  of  Salt  Creek, 

19851  thence  down  said  creek  to  the  Missouri  Eiver,  thence  up  the 

19852  Missouri  Eiver  thirty  miles  when  measured  on  a  straight  line, 
L9853  thence  westwardly  to  a  point  twenty  miles  from  tothe  Delaware 
19854  line,  so  as  to  include  in  the  lands  assigned  to  the  Kickapoos  at 


445 

19855  least  twelve  hundred,  square  miles;"  saving  and  reserving,  in 

19856  the  western  part  thereof,  one  hundred  and  fifty  thousand  acres 

19857  for  a  future  and  permanent  home,  which  shall  be  set  oft'  for,  and 

19858  assigned  to,  them  by  metes  and  bounds  :  Provided,  That  upon 

19859  the  return  home  of  the  delegates  here  contracting,  and  upon 

19860  consultation  with  their  people,  and  after  an  exploration  if  required 

19861  by  them,  in  company  with  their  agent,  a  location  to  that  extent 

19862  can  be  found  within  said  specified  section  of  country  suited  to 

19863  their  wants  and  wishes :     And  it  is  also  further  provided,  That 
19861  should  a  suitable  location,  upon  examination  and  consultation,  to 

19865  the  full  extent  of  one  hundred  and  fifty  thousand  acres,  not  be 

19866  found  within  said  western  part  of  this  cession,  then  the  said 

19867  delegates  and  agent  shall  be  permitted  to  extend  the  location 

19868  beyond  the  western  line  of  the  country  herein  ceded  and  north 

19869  of  the  recent  Delaware  line  over  so  much  of  the  public  domain,, 

19870  otherwise  unappropriated,  as  shall  make  up  the  deficiency — or 

19871  to  make  a  selection  entirely  beyond  the  limits  of  the  country  at 

19872  present  occupied  by  the  Kickapoos  upon  any  lands  of  the  United 

19873  States,   not  otherwise   appropriated,   lying  within  the  limits 

19874  bounded  by  the  said  western  line,  by  the  recent  Delaware  north- 

19875  ern  line,  and  the  waters  of  the  Great  Nemahaw  River ;  and  in 

19876  either  case  they  shall  describe  their  selection,  which  must  be 

19877  made  within  six  months  from  the  date  hereof,  by  metes  and 

19878  bounds,  and  transmit  the  description  thereof,  signed  by  said 

19879  delegates  and  agent,  to  the  Commissioner  of  Indian  Affairs  ; 

19880  and  thereupon  the  selection  so  made  shall  be  taken  and  deemed 

19881  as  the  future  permanent  home  of  the  Kickapoo  Indians.     It  is 

19882  expressly  understood  that  the  Kickapoos  shall  claim  under  this 

19883  article  no  more  than  one  hundred  and  fifty  thousand  acres  ot 

19884  land ;  and  if  that  quantity  or  any  portion  thereof  shall  be  se- 

19885  lected,  as  provided  above,  outside  of  the  reservation  herein  made, 

19886  then  said  reservation,  or  a  quantity  equal  to  that  which  may  be 

19887  selected  outside  thereof,  shall  be,  and  the  same  is  hereby,  ceded 

19888  and  relinquished  to  the  United  States. 

19889  ARTICLE  2.  In  consideration  whereof  the  United   States 

19890  agree  to  pay  to  the  said  Indians,  under  the  direction  of  the  Pres- 

19891  ident,  and  in  such  manner  as  he  shall  from  time  to  time  pre- 
19892  scribe,  the  sum  of  three  hundred'  thousand  dollars,  as  follows  : 

19893  one  hundred  thousand  dollars  to  be  invested  at  an  interest  of 

19894  five  per  centum  per  annum ;  the  interest  of  which  shall  be  annu- 

19895  ally  expended  for  educational  and  other  beneficial  purposes. 

19896  The  remaining  two  hundred  thousand  dollars  to  be  paid  thus  : 

19897  Twenty-five  thousand  dollars  in  the  month  of  October,  one  thou- 

19898  sand  eight  hundred  and  fifty-four ;  twenty  thousand  dollars  dur- 

19899  ing  the  same  month  in  each  of  the  years  one  thousand  eight 

19900  hundred  and  fifty-five  and  one  thousand  eight  hundred  and  fifty- 


446 

19901  six  $  fourteen  thousand  dollars  during  the  same  month  in  each 

]  9902  of  the  years  one  thousand  eight  hundred  and  fifty- seven  and  one 

19903  thousand  eight  hundred  and  fifty-eight ;  nine  thousand  dollars 

19901  in  the  same  month  of  each  of  the  six  years  next  succeeding  that 

19905  of  one  thousand  eight  hundred  and  fifty-eight ;  seven  thousand 

19906  dollars  in  the  same  month  of  each  of  the  four  years  next  suc- 

19907  ceeding  the  expiration  of  the  last-named  period  of  six  years ; 

19908  and  five  thousand  dollars  in  the  same  month  of  each  of  the  five 

19909  years  next  succeeding  the  last-named  four  years.    And  as  the 

19910  Kickapoos  will  remove  to  a  new  home,  and  will,   therefore, 

19911  require  the  principal  portion  of  the  annual  payments  for  several 

19912  years  to  aid  in  building  houses,  in  breaking  and  fencing  land, 

19913  in  buying  stock,  agricultural  implements,  and  other  articles 

19914  needful  for  their  comfort  and  civilization,  it  is  understood  that 

19915  such  portion  of  said  annual  payments  as  may  be  necessary  will 
1991G  be  appropriated  to  and  expended  for  such  purposes. 

19917  ARTICLE  3.  The  President  may  cause  to  be  surveyed,  in 

19918  the  same  manner  in  which  the  public  lauds  are  surveyed,  the 

19919  reservation  herein  provided  for  the  Kickapoos  5  and  may  assign 

19920  to  each  person,  or  family,  desiring  it,  such  quantity  of  land  as, 

19921  in  his  opinion,  will  be  sufficient  for  such  person,  or  family,  with 

19922  the  understanding  that  he,  or  they,  will  occupy,  improve,  and 

19923  cultivate  the  same,  and  comply  with  such  other  conditions  as 
19921  the  President  may  prescribe.     The  land  thus  assigned  may  here- 
19925  after  be  confirmed  by  patent  to  the  parties,  or  their  representa- 
1992G  tives,  under  such  regulations  and  restrictions  as  Congress  may 

19927  impose. 

19928  ARTICLE  4.  It  is  agreed  that  the  United  States  shall  pay 

19929  to  such  of  the  Kickapoos  as  have  improvement  upon  the  lands 

19930  hereby  ceded  a  fair  compensation  for  the  same — the  value  to  be 

19931  ascertained  in  such  mode  as  shall  be  prescribed  by  the  Presi- 

19932  dent. 

19933  ARTICLE  5.  The  debts  of  Indians  contracted  in  their  private 
19931  dealings  as  individuals,  whether  to  traders  or  others,  shall  not 
19935  be  paid  out  of  the  general  fund. 

1993G  ARTICLE  G.  It  is  the  desire  of  the  Kickapoo  Indians  that 

19937  their  faithful  friend  and  interpreter,  Peter  Cadue,  should  have  a 

19938  home  provided  for  him  and  his  family.     It  is  therefore  agreed 

19939  that  there  shall  be  assigned  to  him  a  tract  of  land  equal  to  one 

19940  section,  to  be  taken  from  the  legal  subdivisions  of  the  surveyed 

19941  land,  and  to  include  his  present  residence  and  improvement  on 

19942  Cadue's  Greek,  and  the  President  is  authorized  to  issue  a  patent 

19943  to  him  for  the  same. 

19914  ARTICLE  7.  It  is  agreed  that  all  roads  and  highways  laid 

19945  out  by  authority  of  law  shall  have  right  of  way  through  the 

1994G  reservation  on  the  same  terms  as  are  provided  by  law  when 


447 

101)47  roads  and  highways  are  made  through  lands  of  citizens  of  the 

19948  United  States ;  and  railroad  companies,  when  the  lines  of  their 

19949  roads  necessarily  pass  through  the  lands  of  the  Kickapoos,  shall 

19950  have  right  of  way  on  the  payment  of  a  fair  compensation  there- 

19951  for  in  money. 

19952  ARTICLE'S.  The'JKickapoos  release  the  United  States  from 

19953  all  claims  or  demands,  of  any  kind  whatsoever,  arising,  or  which 

19954  may  hereafter  arise,  under  former  treaties,  and  agree,  within 

19955  twelve  months  after  the  ratification  of  this  instrument,  to  remove 

19956  and  subsist  themselves,  without  cost  to  the  United  States ;   in 

19957  consideration  of  which  release  and  agreement  the  United  States 

19958  agree  to  pay  them  the  sum  of  twenty  thousand  dollars. 

19959  ARTICLE  9.  The  Kickapoos  promise  to  use  their  best  efforts 
199GO  to  prevent  the  introduction  and  use  of  ardent  spirits  in  their 
199G1  country,  to  encourage  industry,  thrift,  and  morality,  and  by  every 

19962  possible  means  to  promote  their  advancement  in  civilization. 

19963  They  desire  to  be  at  peace  with  all  men,  and  therefore  bind  them- 

19964  selves  to  commit  no  depredation  or  wrong  upon  Indians  or  citi- 

19965  zens,  and  whenever  difficulties  arise  to  abide  by  the  laws  of  the 

19966  United  States  in  such  cases  made  and  provided,  as  they  expect 

19967  to  be  protected  and  to  have  their  own  rights  vindicated  by  them. 

19968  ARTICLE  10.  The  object  of  these  articles  of  agreement  and 

19969  convention  being  to  advance  the  true  interests  of  the  Kickapoo 

19970  people,  it  is  agreed,  should  they  prove  insufficient,  from  causes 

19971  which  cannot  now  be  foreseen,  to  effect  these  ends,  that  the 

19972  President  may,  by  and  with  the  advice  and  consent  of  the  Sen- 

19973  ate,  adopt  such  policy  in  the  management  of  their  affairs  as  in 

19974  his  judgment  may  be  most  beneficial  to  them ;  or  Congress  may 

19975  hereafter  make  such  provision  by  law  as  experience  shall  prove 

19976  to  be  necessary. 

19977  ARTICLE  11.  This  instrument  shall  be  obligatory  on  the  con- 

19978  tracting  parties  whenever  the  same  shall  be  ratified  by  the  Presi- 

19979  dent  and  the  Senate  of  the  United  States. 

19980  Proclaimed  July  17,  1854. 


19981  Treaty  between  the  United  States  of  America  and  the  Kickapoo 

19982  tribe  of  Indians,  concluded  June  28,  1862  ;   ratification  ad- 

19983  vised,  icith  amendment,  bij  Senate,  March  13,  1863;  amend- 

19984  ment  accepted  May  5,  1863. 

19985  ABRAHAM  LINCOLN,  President  of  the  United  States  of  America, 

19986  to  all  and  singular  to  whom  these  presents  shall  come, 

19987  greeting : 

19988  Whereas  a  treaty  was  made  and  concluded  at  the  agency 

19989  of  the  Kickapoo  tribe  of  Indians,  on  the  twenty-eighth  day  of 


448 

10900  June,  iii  the  year  of  our  Lord  one  thousand  eight  hundred  and 

10001  sixty-two,  by  and  between  Charles  B.  Keith,  commissioner,  on 

10002  the  part  of  the  United  States,  and  the  hereinafter-named  chiefs. 

10003  head-men,  and  delegates  of  the  Kickapoo  Indians,  for  and  on 
10001  behalf  of  said  Indians,  and  duly  authorized  thereto  by  them, 

10005  which  treaty  is  in  the  words  and  figures  following,  to  wit : 

10006  Articles  of  a  treaty  made  and  concluded  at  the  agency  of  the 

10007  Kickapoo  tribe  of  Indians,  on  the  28th  day  of  June,  in  the 

10008  year  of  our  Lord  one  thousand  eight  hundred  and  sixty  - 
10000  two,  by  and  between  Charles  B.  Keith,  commissioner,  on  the 

20000  part  of  the  United  States,  and  the  undersigned  chiefs,  head- 

20001  men,  and  delegates  of  the  Kickapoo  Nation,  on  behalf  of 

20002  said  nation. 

20003  ARTICLE  1.  The  Kickapoo  tribe  of  Indians,  believing  that  it 
20001  will  contribute  to  the  civilization  of  their  people  to  dispose  of  a  por- 

20005  tion  of  their  present  reservation  in  Kansas,  consisting  of  one  hun- 

20006  dred  and  fifty  thousand  acres  of  land,  to  allot  land  in  severalty  to 

20007  those  members  of  said  tribe  who  desire  to  have  separate  tracts  of 

20008  lands,  and  have  adopted  the  customs  of  the  whites,  and  to  set 
20000  apart  for  the  others  of   said  tribe  a  portion  of  said  reserva- 

20010  tion,  to  be  held  by  them  in  common,  or  (if  a  majority  of  them  so 

20011  elect)  provide  for  them  a  suitable  home  elsewhere,  to  be  held  by 

20012  them  in  common,  it  is  therefore  hereby  agreed  that  the  Secre- 

20013  tary  of  the  Interior  shall  cause  the  whole  of  said  reservation  to 

20014  be  surveyed  in  the  same  manner  as  the  public  lands  are  surveyed, 

20015  and  the  quantity  of  laud  hereinafter  mentioned  to  be  set  apart 

20016  to  those  of  said  tribe  who  desire  to  have  their  land  in  severalty  ; 

20017  and,  if  so  elected  by  a  majority  of  the  others  of  said  tribe,  the 

20018  quantity  of  land  hereinafter  mentioned  to  be  by  such  others 
20010  held  in  common,  and  the  remainder  of  the  land,  after  the  special 

20020  reservations  hereinafter  provided  for  shall  have  been  made,  to 

20021  be  sold  for  the  benefit  of  said  tribe. 

20022  ARTICLE  2.  It  shall  be  the  duty  of  the  Secretary  of  the  lu- 

20023  terior  to  cause  to  be  made  an  accurate  census  of  all  the  mem- 

20024  bers  of  the  tribe,  and  to  classify  them  in  separate  lists,  showing 

20025  the  names,  ages,  and  numbers  of  those  desiring  lauds  in  sever- 

20026  alty,  and  of  those  desiring  lauds  in  common,  designating  chiefs 

20027  and  heads  of  families  respectively ;  each  adult  choosing  for  him- 

20028  self  or  herself,  and  each  head  of  a  family  for  the  minor  children 
20020  of  such  family,  and  the  agent  for  orphans  and  persons  of  an  un- 

20030  sound  mind  and  otherwise  incompetent,  as  to  which  of  these 

20031  classes  they  will  belong.     And  thereupon   shall  be  assigned, 

20032  under  the  direction  of  the  Commissioner  of  Indian  Affairs,  to 

20033  each  chief,  at  the  signing  of  the  treaty,  one  half  section ;  to 

20034  each  other  head  of  a  family,  one  quarter  section  ;  and  to  each 

20035  other  person  forty  acres  of  land ;  to  include  in  every  case  as  far 


449 


20030 

20037 

20038 

20039 

20040 

20041 

20042 

20043 

20044 

20045 

20046 

20047 

20048 

20049 

20050 

20054 

20052 

20053. 

20054 

20055 

2005G 

20057 

20058 

20059 

20060 

20061 

20062 

20063 

20064 

20065 

20066 

20067 

20068 

20069 

20070 

20071 

20072 

20073 

20074 

20075 

20076 

20077 

20078 

20079 

20080 

20081 


as  practicable,  to  each  family,  their  improvements  and  a  reason 
able  i>ortion  of  timber,  to  be  selected  according  to  the  legal  sub 
division  of  survey.  When  such  assignments  shall  have  been 
completed,  certificates  shall  be  issued  by  the  Commissioner  of 
Indian  Affairs  for  the  tracts  assigned  in  several ty,  specifying 
the  names  of  the  individuals  to  whom  they  have  been  assigned 
respectively,  and  tbat  said  tracts  are  set  apart  for  the  perpetual 
and  exclusive  use  and  benefit  of  such  assignees  and  their  heirs* 
Until  otherwise  provided  by  law,  such  tracts  shall  be  exempt 
from  levy,  taxation,  or  sale,  and  shall  be  alienable  in  fee,  or 
leased,  or  otherwise  disposed  of  only  to  the  United  States,  or  to 
persons  then  being  members  of  the  Kickapoo  tribe,  and  of  In 
dian  blood,  with  the  permission  of  the  President,  and  under 
such  rules  and  regulations  as  the  Secretary  of  the  Interior  shall 
provide,  except  as  may  be  hereinafter  provided.  And  on  re 
ceipt  of  such  certificates,  the  person [s]  to  whom  they  are  issued 
shall  be  deemed  to  have  relinquished  all  right  to  any  portion  of 
the  lands  assigned  to  others  in  severalty,  or  to  a  portion  of  the 
tribe  in  common,  and  to  the  proceeds  of  sale  of  the  same  when^ 
soever  made. 

ARTICLE  3.  At  any  time  hereafter,  when  the  President  of 
the  United  States  shall  have  become  satisfied  that  any  adults, 
being  males  and  heads  of  families,  who  may  be  allottees  under 
the  provision  of  the  foregoing  article,  are  sufficiently  intelligent 
and  prudent  to  control  their  affairs  and  interests,  he  may, 
at  the  request  of  such  persons,  cause  the  land  severally  held  by 
them  to  be  conveyed  to  them  by  patent  in  fee-simple,  with 
power  of  alienation  ;  and  may,  at  the  same  time,  cause  to  be  set 
apart  and  placed  to  their  credit  severally,  their  proportion  of 
the  cash  value  of  the  credits  of  the  tribe,  principal  and  interest, 
then  held  in  trust  by  the  United  States,  and  also^  as  the  same 
may  be  received,  their  proportion  of  the  proceeds  of  the  sale  of 
lands  under  the  provisions  of  this  treaty.  Aud  on  such  patents 
being  issued,  aud  such  payments  ordered  to  be  made  by  the 
President,  such  competent  persons  shall  cease  to  be  members 
of  said  tribe,  and  shall  become  citizens  of  the  United  States ; 
and  thereafter  the  lands  so  patented  to  them  shall  be  subject  to 
levy,  taxation,  and  sale,  in  like  manner  with  the  property  of 
other  citizens  :  Froridcd,  That  before  making  any  such  applica 
tion  to  the  President,  they  shall  appear  in  open  court,  in  the 
district  court  of  the  United  States  for  the  district  of  Kansas, 
and  make  the  same  proof  and  take  the  same  oath  of  allegiance 
as  is  provided  by  law  for  the  naturalization  of  aliens  5  and  shall 
also  make  proof,  to  the  satisfaction  of  said  court,  that  they  are 
sufficiently  intelligent  and  prudent  to  control  their  affairs  and 
interests;  that  they  have  adopted  the  habits  of  civilized  life, 
57  I  T 


450 

20082  and  have  been  able  to  support,  for  at  least  five  years,  themselves 

20083  and  families. 

20084  ARTICLE  4.  To  those  members  of  said  tribe  who  desire  to 

20085  hold  their  lands  in  common,  there  shall  be  set  apart  from  the 
2008G  present  reservation  of  the  tribe  an  undivided  quantity  sufficient 

20087  to  allow  one  half  section  to  each  chief,  one  quarter  section  to 

20088  each  other  head  of  a  family,  and  forty  acres  to  each  other  per- 

20089  son ;  and  said  land  shall  be  held  by  that  portion  of  the  tribe  for 

20090  whom  it  is  set  apart  by  the  same  tenure  as  the  whole  reserve 

20091  has  been  held  by  all  of  said  tribe  under  the  treaty  of  1854.     And 

20092  upon  such  land  being  assigned  in  common,  the  persons  to  whom 

20093  it  is  assigned  shall  be  held  to  have  relinquished  all  title  to  lands 

20094  assigned  in  severalty,  and  in  the  proceeds  of  sales  thereof  wThen- 

20095  ever  made  ;  or  should  a  majority  of  the  adult  males  of  said  class 

20096  decide  to  remove  to  the  Indian  country  south  of  Kansas,  then, 

20097  and  in  that  case,  their  new  home  shall  not  be  limited  to  the 

20098  quantity  above  designated,  but  shall  be  as  large  as  can  be  pur- 

20099  chased  with  the  proceeds  of  the  sale  of  the  tract  to  which  they 

20100  would  have  been  entitled  had  they  determined  to  remain  upon 

20101  the  present  reservation,  computing  the  same  at  the  rate  of  at 

20102  least  one  dollar  and  twenty-five  cents  per  acre  :  Provided,  That 

20103  the  purchase  of  such  new  home  shall  be  made  by  the  Commis- 

20104  sioner  of  Indian  Affairs,  under  the  direction  of  the  Secretary  oi 

20105  the  Interior,  and  at  such  locality  within  said  Indian  country  as 
2010G  he  may  select :  And  provided  also,  That  such  new  home  shall  be 

20107  purchased  and  the  Indians  entitled  removed  thereto,  at  the  cost 

20108  of  the  United  States,  within  the  period  of  two  years  after  the 

20109  completion  of  the  surveys  herein  provided  for.     And  such  Indi- 

20110  ans  shall  be  entitled  to  the  benefits  of  their  full  proportionate 

20111  share  of  all  assets  belonging  to  said  tribe,  in  the  same  manner 

20112  that  they  would  have  been  entitled  had  such  removal  not  been 

20113  made. 

20114  ARTICLE  5.  The  Kickapoo  tribe  of  Indians,  entertaining 

20115  the  opinion  that  it  is  the  desire  of  the  Government  and  the 

20116  people  of  the  United  States  to  extend  railroad  communication 

20117  as  far  west  as  possible  in  the  shortest  possible  time,  and    eliev- 

20118  ing  that  it  will  greatly  enhance  the  value  of  their  lands  reserved 

20119  in  severalty  by  having  a  railroad  built,  connecting  with  the 

20120  eastern  railroads  running  from  the  city  of  Atchison?  in  the  State 

20121  of  Kansas,  westerly  in  the  direction  of  the  gold  mines  in  Colora- 

20122  do  Territory  5  and  entertaining  the  opinion  that  the  Atchison 

20123  and  Pike's  Peak  Railroad  Company,  incorporated  by  an  act  of 

20124  the  legislative  assembly  of  the  Territory  of  Kansas  approved 

20125  February  11,  1859.  has  advantages  for  travel  and  transportation 

20126  over  all  other  companies,  it  is  therefore  provided  that  the  Atch- 

20127  ison  and  Pike's  Peak  Railroad  Company  shall  have  the  privi- 


451 


20128 

20121) 

20130 

20131 

20132 

20133 

20134 

20135 

20136 

20137 

20138 

20139 

20140 

20141 

20142 

20143 

20144 

20145 

20140 

20147 

20148 

20149 

20150 

20151 

20152 

20153 

20154 

20155 

2015G 

20157 

20158 

20159 

201GO 

20101 

20162 

20163 

20164 

20165 

20166 

20167 

20168 

20169 

20170 

20171 

20172 

20173 


lege  of  buying  the  remainder  of  their  laud  within  six  mouths 
after  the  tracts  herein  otherwise  disposed  of  shall  have  been 
selected  and  set  apart,  provided  said  railroad  company  purchase 
the  whole  of  such  surplus  lands  at  the  rate  of  one  dollar  and 
twenty-five  cents  per  acre ;  and  when  the  selections   shall  have 
been  made  and  assigned  as  aforesaid,  it  shall  be  the  duty  of  the 
Commissioner  of  Indian  Affairs  to  notify  the  president  of  said 
railroad  company  thereof;  and  if  said  railroad  company  signi 
fies  its  consent  to  purchase  said  surplus  lands  within  sixty  days 
thereafter,  and  shall  make,  execute,  and  deliver  to  the  Secreta 
ry  of  the  Interior  the  bonds  of  the  said  company  in  a  penal  sum 
equal  to  double  the  value  of  said  surplus  lands,  as  heretofore 
ascertained,  with  the  condition  that  the  said  bonds  shall  become 
void  whenever  the  said  company  shall  comply  with  the  condi 
tions  of  the  treaty,  the  Secretary  of  the  Interior  shall  issue  to 
said  railroad  company  certificates  of  purchase,  and  such  certifi 
cates  shall  be  deemed  and  held  in  all  courts  as  evidence  of  the 
right  of  possession  in  said  railroad  company  to  all  or  any  part 
of  said  lauds,  unless  the  same  shall  be  forfeited  as  hereinafter 
provided.     And  if  said  railroad  company  make  such  purchase, 
it  shall  be  subject  to  the  following  considerations,  viz :  They 
shall  construct  and  fully  equip  a  good  and  efficient  railroad 
from  the  city  of  Atchisou,  in  the  State  of  Kansas,  westerly, 
within  six  years,  and  as  follows:  The  first  section  of  fifteen 
miles  of  said  road  to  be  completed  within  three  years  from  the 
date  of  said  purchase,  and  the  second  section  to  a  point  as  far 
west  as  the  western  boundary  of  said  reservation  within  three 
years  thereafter ;  and  no  patent  or  patents  shall  issue  to  said 
company  or  its  assigns  for  any  portion  of  said  lands  until  the 
first  section  of  said  road  shall  be  completed,  and  then  for  not 
more  than  one-half  of  said  Itiuds  ;  and  no  patent  or  patents  shall 
issue  to  said  company  or  its  assigns  for  any  of  the  remaining 
portion  of  said  lands  until  said  second  section  of  said  railroad 
shall  be  completed  as  aforesaid ;  and  before  any  patents  shall 
issue  for  any  part  of  said  lands,  payments  shall  be  made  for  the 
lands  to  be  patented  at  the  rate  of  one  dollar  and  twenty-five 
cents  per  acre.    And  said  company  shall  pay  the  whole  amount 
of  the  purchase-money  for  said  lauds  in  the  securities  of  the 
United  States  to  the  Secretary  of  the  Interior,  in  trust  for  said 
Kickapoo  tribe  of  Indians,  Avithin  six  years  from  the  date  of 
such  purchase ;  and  when  so  paid  the  president  is  authorized 
hereby  to  issue  patents  therefor.     Said  company  shall,  in  like 
manner,  pay  to  the  Secretary  of  the  Interior,  in  trust  as  afore 
said,  each  and  every  year,  until  the  wThole  purchase-mouey  shall 
have  been  paid,  interest  from  elate  of  purchase,  at  six  per  cent, 
per  annum,  on  all  the  purchase-money  remaining  unpaid.    Said 


452 

20174  interest,  aiid  the  interest  due  on  the  purchase-money  after  it  is 

20175  paid  to  the  United  States,  shall  be  held  in  trust  and  paid  to  said 

20176  Indians  on  the  first  day  of  April  of  each  and  every  year ;  and  in 

20177  ten  years  from  the  ratification  of  this  treaty  there  shall  be  paid 

20178  by  the  United  States  to  said  tribe  of  Indians  ten  thousand  dol- 

20179  lars,  as  their  first  instalment  upon  the  amount  of  said  purchase- 

20180  money,  and  ten  thousand  dollars  each  and  every  year  thereafter 

20181  until  all  is  paid. 

20182  ARTICLE  6.  In  case  said  railroad  company  shall  fail  to  corn - 

20183  plete  either  section  of  said  railroad  in  a  good  and  efficient  man- 
20181  ner,  or  shall  fail  to  pay  the  whole  of  the  purchase-money  for 

20185  said  lands  within  the  time  herein  prescribed,  or  shall  fail  to  pay 

20186  all  or  any  part  of  the   interest  upon  the  same  each  year  as 

20187  aforesaid,  within  thirty  days  from  the  date  when  such  payment 

20188  of  interest  may  fall  due,  then  the  contract  or  purchase  shall  be 

20189  deemed  and  held  absolutely  null  and  void,  if  the  Secretary  of  the 

20190  Interior  shall  so  determine,  and  said  company  or  its  assigns 

20191  shall  forfeit  all  payments  of  principal  and  interest  made  on  such 

20192  purchase,  and  all  right  and  title,  legal  and  equitable,  of  any 

20193  kind  whatsoever,  in  and  to  all  and  every  part  of  said  lands  which 

20194  shall  not  have  been  before  the  date  of  such  forfeiture  earned 

20195  and  paid  for  pursuant  to  the  provisions  of  this  treaty.    And 

20196  whenever  any  patents  shall  issue  to   said  railroad  company  for 

20197  any  part  of  said  lands,  it  shall  contain  the  condition  that  the 

20198  said  company  shall  sell  the  lands  described  in  such  patent,  ex- 

20199  cept  so  much  as  shall  be  uecessaiy  for  the  working  of  the  road, 

20200  within  five  years  from  the  issuing  of  such  patent.     And  said 

20201  company  shall  have  the  perpetual  right  of  way  over  the  lands  of 

20202  the  Kickapoos  not  sold  to  it  for  the  construction  and  operation 

20203  of  said  railroad,  not  exceeding  one  hundred  feet  in  width,  and 

20204  the  right  to  enter  on  said  lands  and  take  and  use  such  gravel, 

20205  stone,  earth,  water,  and  other  material,  except  timber,  as  may 

20206  be  necessary  for  the  construction  and  operation  of  the  said  road, 

20207  making  compensation  for  any  damages  to  improvements  caused 

20208  by  obtaining  such  material,  and  for  any  damages  arising  from 

20209  the  location  or  running  of  said  road,  to  improvements  made  be- 

20210  fore  the  road  was  located  ;  such  damages  and  compensation,  in 

20211  cases  where  said  company  and  the  persons  whose  improvements 

20212  are  injured  or  the  property  taken  cannot  agree,  to  be  ascertained 

20213  and  adjusted  under  the  direction  of  the  Commissioner  of  Indian 

20214  Affairs.     And  in  case  said  company  shall  not  promptly  pay  the 

20215  amount  of  such  damages  and  compensation,  the  Secretary  of  the 

20216  Interior  may  withhold  patents  for  any  part  of  the  lands  pur- 

20217  chased  by  them  until  payment  be  made  of  the  amount  of  such 

20218  damages,  with  six  per  cent,  interest  thereon  from  the  date  when 

20219  the  same,  not  including  improvements,  shall  have  been  ascer- 


453 


20220 

20221 

20222 

20223 

20224 

20225 

20220 

20227 

20228 

20229 

20230 

20231 

20232 

20233 

20234 

20235 

20236 

20237 

20238 

20239 

20240 

20244 

20242 

20243 

20244 

20245 

20240 

20247 

20248 

20249 

20250 

20251 

20252 

20253 

20254 

20255 

20256 

20257 

20258 

20259 

20260 

20261 

20262 

20263 

20264 

20265 


tamed  and  demanded  ;  and  in  case  said  company  shall  not  pur* 
chase  said  surplus  lands,  or  having  purchased,  shall  forfeit  the 
whole  or  any  part  thereof,  the  Secretary  of  the  Interior  shall 
thereupon  cause  the  same  to  be  appraised  at  not  less  than  one 
dollar  and  twenty-live  cents  per  acre,  and  shall  sell  the  same  in 
quantities  not  exceeding  one  hundred  and  sixty  acres  at  auction, 
to  the  highest  bidder  for  cash,  at  not  less  than  [the]  appraised 
value:  Provided,  fioivecer,  In  case  any  of  said  lands  have  been 
conveyed  to  bona-nde  purchasers  by  said  railroad  company,  such 
purchasers  shall  be  entitled  to  a  patent  for  said  lauds  so  pur- 
chased  by  them  on  payment  to  the  United  States  in  trust  for 
said  Kickapoos  of  the  appraised  value  thereof,  (exclusive  of  their 
improvements,)  and  not  less  than  one  dollar  and  twenty-five 
cents  per  acre  therefor,  under  such  rules  and  regulations  as  may 
be  prescribed  by  the  Secretary  of  the  Interior.  On  the  purchase 
of  said  lands  by  the  said  railroad  company  the  same  shall  be 
come  a  part  of  the  State  of  Kansas,  but  none  of  said  lands  shall 
be  subject  to  taxation  until  the  patents  have  been  issued  there 
for. 

ARTICLE  7.  Stricken  out. 

ARTICLE  8.  Stricken  out. 

ARTICLE  9.  Stricken  out. 

ARTICLE  10.  Whereas  some  years  since  a  portion  of  the 
Kickapoos  went  down  among  the  Southern  Indians,  and  there 
is  reason  to  believe  that  but  few,  if  any,  of  them  will  ever  return, 
and  they  having  been  notified  of  the  provisions  of  this  treaty, 
it  is  hereby  agreed  that  they  shall  receive  no  benefits  arising 
therefrom,  unless  they  return  to  the  present  reservation  of  the 
Kickapoos  within  one  year  from  the  ratification  of  this  treaty, 
in  which  case  it  is  hereby  agreed  that  forty  acres  each  be  al 
lotted  to  them,  with  the  understanding  that  they  will  occupy, 
improve,  and  cultivate  the  same,  and  in  every  respect  to  be 
governed  by  the  same  rules  and  regulations  as  is  prescribed  for 
the  government  of  the  lands  reserved  by  the  preceding  arti 
cles. 

ARTICLE  11.  There  shall  be  reserved  six  hundred  and  forty 
acres  of  land  to  be  selected  by  the  chiefs  of  said  tribe  of  Kick 
apoos  as  a  site  for  a  saw  and  grist  mill,  three  hundred  and 
twenty  acres  where  the  mission-house  now  is,  and  one  hundred 
and  sixty  acres  where  the  house  built  for  the  agency  now  is, 
which,  with  the  improvements  thereupon,  shall  be  disposed  of 
when  the  objects  for  which  they  have  been  reserved  shall  have 
been  accomplished,  in  such  a  manner  and  for  such  purposes  as 
may  be  provided  by  law. 

ARTICLE  12.  Stricken  out, 

ARTICLE  13.  Inasmuch  as  it  was  provided  by  the  treaty 


454 

20266  between  the  United  States  and  said  Kickapoos,  entered  into  on 

20267  the  18th  day  of  May,  A.  D.  1854,  proclaimed  July  17;  1854,  that 

20268  the  President  may  cause  to  be  surveyed,  in  the  same  manner 

20269  that  the  public  lands  are  surveyed,  the  reservation  provided  for 

20270  the  Kickapoos,  it  is  agreed  that  the  expense  of  said  surveys 

20271  shall  be  paid  by  the  United  States  out  of  the  proceeds  of  sales 

20272  of  said  lands,  and  all  expenses  incident  to  the  negotiation  and 

20273  execution  of  this  treaty,  and  not  other  wise  provided  for,  shall  be 

20274  defrayed  by  the  Kickapoos;  the  same  to  be  deducted  from  any 

20275  funds  applicable  to  that  purpose  now  or  hereafter  held  for  them 

20276  in  trust  by  the  UnitedStates. 

20277  ARTICLE  14.  It  is  further  agreed  that  all  rights,  title,  and 

20278  interest  of  the  Kickapoos  in  their  present  reservation  shall 

20279  cease,  and  the  same  is  hereby  ceded  to  and  vested  in  the  United 

20280  States,  subject  to  the  limitations  and  for  the  purposes  herein  ex- 

20281  pressed  and  provided  for. 

20282  ARTICLE  15.  Any  stipulation  in  former  treaties  inconsistent 

20283  with  those  embraced  in  the  foregoing  articles  shall  be  of  no 

20284  force  or  eftect, 

20285  ARTICLE  16.  Should  the  Senate  reject  or  amend  any  of  the 

20286  foregoing  articles,  such  rejection  or  amendment  shall  not  affect 

20287  the  other  provisions  of  this  treaty,  but  the  same  shall   go  into 

20288  effect  when  ratified  and  approved. 

20289  Proclaimed  May  28,  1863. 


20290  KICKAPOOS  OF  THE  VERMILLIOX. 

•«* 

20291  A  treaty  made  and  concluded  by  Benjamin  Parke,  a  commissioner 

20292  on  the  part  of  the  United  States  of  America,  of  the  one  part, 

20293  and  the  chiefs,  warriors,  and  head-men  of  the  tribe  of  Kicka- 

20294  poos  of  the  Vermilion,  of  the  other  part. 

20295  ARTICLE  1.  The  chiefs,  warriors,  and  head-men  of  the  said 

20296  tribe  agree  to  cede,  and  hereby  relinquish,  to  the  United  States, 

20297  all  the  lands  which  the  said  tribe  has  heretofore  possessed,  or 

20298  which  they  may  rightfully  claim,  on  the  Wabash  River,  or  any 

20299  of  its  waters. 

20300  ARTICLE  2.  And  to  the  end  that  the  United  States  may  be 

20301  enabled  to  fix  with  the  other  Indian  tribes  a  boundary  between 

20302  their  respective  claims,  the  chiefs,  warriors,  and  head-men  of 

20303  the  said  tribe  do  hereby  declare  that  their  right  full  claim  is  as 

20304  follows,  viz  :   Beginning  at  the  northwest  corner  of  the  Vin- 

20305  cennes  tract ;  thence  westwardly,  by  the  boundary  established 

20306  by  a  treaty  with  the  Piankeshaws  on  the  thirtieth  day  of  De- 


455 

20307  cember,  eighteen  hundred  and  five,  to  the  dividing  ridge  be- 

20308  tween  the  waters  of  the  Embarras  and  the  Little  Wabash; 

20309  thence  by  the  said  ridge  to  the  source  of  the  Vermilion  River ; 

20310  thence  by  the  same  ridge  to  the  head  of  Pine  Creek ;  thence  by 

20311  the  said  creek  to  the  Wabash  River ;   thence  by  the  said  river 

20312  to  the  mouth  of  the  Vermilion  River;  and  thence  by  the  Ver- 

20313  milion,  and  the  boundary  heretofore  established,  to  the  place  of 

20314  beginning. 

20315  ARTICLE  3.  The  said  chiefs,  warriors,  and  head-men  of  the 

20316  said  tribe  agree  to  relinquish,  and  they  do  hereby  exonerate  and 

20317  discharge  the  United  States  from,  the  annuity  of  one  thousand 

20318  dollars,   to   which    they  are   now   entitled.      In   consideration 

20319  whereof,  and  of  the  cession  hereby  made,  the  United  States 

20320  agree  to  pay  the  said  tribe  t\vo  thousand  dollars  annually,  in 

20321  specie,  for  ten  years;  which,  together  with  three  thousand  dol- 

20322  lars  now  delivered,  is  to  be  considered  a  full  compensation  for 

20323  the  cession  hereby  made,  as   also  of   all   annuities,  or  other 

20324  claims  of  the  said  tribe  against  the  United  States  by  virtue  of 

20325  any  treaty  with  the  said  United  States. 

2032G  ARTICLE  4.  As  the  said  tribe  contemplate  removing  from 

20327  the  country  they  now  occupy,  the  annuity  herein  provided  for 

20328  shall  be  paid  at  such  place  as  may  be  hereinafter  agreed  upon 

20329  between  the  United  States  and  said  tribe. 

20330  ARTICLE  5.  This  treaty,  after  the  same  shall  be  ratified  by 

20331  the  President  and  Senate  of  the  United  States,  shall  be  binding 

20332  on  the  contracting  parties. 

20333  Proclaimed  May  10,  1820. 

20334  Articles  of  a  convention  made  and  concluded  between  Benjamin 

20335  Parke,  a  commissioner  on  the  part  of  the  United  States  for 
2033G  that  purpose,  of  the  one  part,  and  the  chiefs,  warriors,  and 

20337  head-men  of  the  tribe  of  KicJcapoos  of  the  Vermilion,  of  the 

20338  other  part. 

20339  ARTICLE  1.  It  is  agreed  that  the  annuity  secured  to  the 

20340  said  tribe  by  the  treaty  of  the  thirtieth  of  August,  eighteen 

20341  hundred  and  nineteen,  shall  hereafter  be  paid  to  the  said  tribe 

20342  at  Kaskaskias,  in  the  State  of  Illinois. 

20343  ARTICLE  2.  As  the  said  tribe  are  now  about  leaving  their 

20344  settlements  on  the  Wabash,  and  have  desired  some  assistance 

20345  to  enable  them  to'remove,  the  said  Benjamin  Parke,  on  behalf 
2034G  of  the  United   States,  has  paid  and  advanced  to  the  said  tribe 

20347  two  thousand  dollars,  the  receipt  whereof  is  hereby  acknowl- 

20348  edged  ;  which  said  sum  of  two  thousand  dollars  is  to  be  consid- 

20349  ered  as  an  equivalent,  in  fall,  for  the  annuity  due  the  said  tribe 

20350  by  virtue  of  the  aforesaid  treaty,  for  the  year  eighteen  hundred 

20351  and  twenty-one. 

20352  Proclaimed  January  8  1821. 


456 

20353  KIOWAS,  KATAKAS,  ETC. 

20354  Treaty  with  the  Kioway,  Ka-ta-ka,  and  Ta-wa-ka-ro  Nations  of 

20355  Indians. 

2035G  Whereas  a  treaty  of  peace  and  friendship  was  made  and 

20357  signed  on  the  24th  day  of  August,  1835,  between  Montfort  Stokes 

20358  and  Brigadier-General  Matthew  Arbuckle,  commissioners  on  be- 

20359  half  of  the  United  States,  on  the  one  part,  and  the  chiefs,  and 

20360  head-men,  and  representatives  of  the  Comanche,  Witchetaw, 

20361  Cherokee,   Muscogee,  Choctaw,   Osage,    Seneca,  and    Quapaw 

20362  Nations  or  tribes  of  Indians,  on  the  other  part ;  and 

20363  Whereas  the  said  treaty  has  been  duly  ratified  by  the  Gov- 
2036-4  eminent  of  the  United  States,  now  know  all  whom  it  may  con- 

20365  cern,  that  the  President  of  the  United  States,  by  letter  of  ap- 

20366  pointment  and  instructions  of  the  7th  day  of  April,  1837,  has 

20367  authorised  Colonel  A.  P.  Chouteau  to  make  a  convention  or 

20368  treaty  between  the  United  States  and  any  of  the  nations  or 

20369  tribes  of  Indians  of  the  Great  Western  Prairie,  we  the  said 

20370  Montfort  Stokes  and  A.  P.  Chouteau,  commissioners  of  Indian 

20371  treaties,  have  this  day  made  and  concluded  a  treaty  of  peace 

20372  and  friendship  between  the  United  States  of  America  and  the 

20373  chiefs,  head-men,  and  representatives  of  the  Kioway,  Ka-ta-ka, 

20374  and  Ta-wa-ka-ro  Nations  of'  Indians  on  the  following  terms  and 

20375  conditions,  that  is  to  say  : 

20376  ARTICLE  1.  There  shall  be  perpetual  peace  and  friendship 

20377  between  all  the  citizens  of  the  United  States  of  America  and 

20378  all  the  individuals  composing  the  Kioway,  Ka-ta-ka,  and  Ta-wa- 

20379  ka-ro  Nations,  and  their  associated  bands  or  tribes  of  Indians 

20380  and  between  these  nations  or  tribes  and  the   Museogee  and 

20381  Osage  Nations  or  tribes  of  Indians. 

20382  ARTICLE  2.  Every  injury,  or  act  of  hostility  by  one  or  either 

20383  of  the  contracting  parties  on  the  other,  shall  be  mutually  for 

20384  given  and  forever  forgot. 

20385  ARTICLE  3.  There  shall  be  a  free  and  friendly  intercourse 

20386  between  all  the  contracting  parties  hereto ;  and  it  is  distinctly 

20387  understood  and  agreed  by  the  Kioway,  Ka-ta-ka,  and  Ta-wa-ka 

20388  ro  Nations,  and  their  associated  bands  or  tribes  of  Indians,  that 

20389  the  citizens  of  the  United  States  are  freely  permitted  to  pass  and 

20390  repass  through  their  settlements  or  hunting-ground  without  mo- 

20391  lestatiou  or  injury,  on  their  way  to  any  of  the  provinces  of  the 

20392  republics  of  Mexico  or  Texas,  or  returning  therefrom,  and   that 

20393  the  nations  or  tribes  named  in  this  article  further  agree  to  pay 

20394  the  full  value  of  any  injury  their  people  may  do  to  the  goods  or 

20395  property  of  the  citizens  of  the  United  States,  taken  or  destroyed 


457 


20396 

20397 

20398 

20399 

20400 

20401 

20402 

20403 

20404' 

20405 

20406 

20407 

20408 

20409 

20410 

20411 

20412 

20413 

20414 

20415 

20410 

20417 

20418 

20419 

20420 

20421 

20422 

20423 

20424 

20425 

20426 

20427 

20428 

20429 

20430 

20431 

20432 

20433 

20434 

20435 

20436 

20437 

20438 

20439 

20440 

20441 


when  peaceably  passing  through  the  country  they  inhabit  or 
hunt  in,  or  elsewhere.  And  the  United  States  hereby  guarantee 
to  any  Indian  or  Indians  of  the  Kioway,  Ka-ta-ka  and  Ta-wa- 
ka-ro  Nations,  and  their  associated  bands  or  tribes  of  Indians,  a 
full  indemnification  for  any  horses  or  other  property  whicli  may 
be  stolen  from  them,  Provided,  That  the  property  so  stolen  can 
not  be  recovered,  and  that  sufficient  proof  is  produced  that  it 
was  actually  stolen  by  a  citizen  of  the  United  States,  and  within 
the  limits  thereof. 

ARTICLE  4.  It  is  understood  and  agreed  by  all  the  nations 
or  tribes  of  Indians,  parties  to  this  treaty,  that  each  and  all  of 
the  said  nations  or  tribes  have  free  permission  to  hunt  and  trap 
in  the  Great  Prairie  west  of  the  Cross  Timber  to  the  western 
limits  of  the  United  States. 

ARTICLE  5.  The  KiowTay,  Ka-ta-ka,  and  Ta-wa-ka-ro  Nations 
and  their  associated  bands  or  tribes  of  Indians  agree  and  bind 
themselves  to  pay  full  value  for  any  injury  their  people  may  do 
to  the  goods  or  other  property  of  such  traders  as  the  President 
of  the  United  States  may  place  near  to  their  settlements  or  hunt 
ing-ground  for  the  purpose  of  trading  with  them. 

ARTICLE  6.  The  Kioway,  Ka-ta-ka,  and  Ta-wa-ka-ro  Nations 
and  their  associated  bands  or  tribes  of  Indians  agree  that,  in 
the  event  any  of  the  red  people  belonging  to  the  nations  or  tribes 
of  Indians  residing  south  of  the  Missouri  Eiver,  and  west  of  the 
States  of  Missouri  and  Arkansas,  not  parties  to  this  treaty,  should 
visit  their  towns,  or  be  found  on  their  hunting-ground,  that  they 
will  treat  them  with  kindness  and  friendship,  and  do  no  injury 
to  them  in  any  way  whatever. 

ARTICLE  7.  Should  any  difficulty  hereafter  unfortunately 
arise  between  any  of  the  nations  or  tribes  of  Indians,  parties 
hereunto,  in  consequence  of  murder,  the  stealing  of  horses,  cat 
tle,  or  other  cause,  it  is  agreed  that  the  other  tribes  shall  inter 
pose  their  good  offices  to  remove  such  difficulties;  and  also  that 
the  Government  of  the  United  States  may  take  such  measures 
as  they  may  deem  proper  to  effect  the  same  object,  and  see  that 
full  justice  is  done  to  the  injured  party. 

ARTICLE  8.  It  is  agreed  by  the  commissioners  of  the  United 
States  that  in  consequence  of  the  Kioway,  Ka-ta-ka,  and  Ta-wa- 
ka-ro  Nations  and  their  associated  bands  or  tribes  of  Indians, 
having  freely  and  willingly  entered  into  this  treaty,  and  it  being 
the  first  they  have  made  with  the  United  States,  or  any  of  the 
contracting  parties,  that  they  shall  receive  presents  immediately 
after  signing,  as  a  donation  from  the  United  States  $  nothing 
being  asked  from  the  said  nations  or  tribes  in  return,  except  to 
remain  at  peace  with  the  parties  hereto,  which  their  own  good 
and  that  of  their  posterity  require, 
58  I  T 


458 

20442  ARTICLE  9.  The  Kio way,  Ka-ta-ka,  and  Ta-wa-ka-ro  Nations, 

20443  and  their  associated  bands  or  tribes  of  Indians,  agree  that  their 

20444  entering  into  this  treaty  shall  in  no  respect   interrupt    their 

20445  friendly  relations  with   the  republics  of  Mexico   and  Texas, 
2044G  where  they  all  frequently  hunt,  and  the  Kioway,  Ka-ta-ka,  and 

20447  Ta-wa-ka-ro  Nations  sometimes  visit  ;  and  it  is  distinctly  under  - 

20448  stood  that  the  Government  of  the  United  States  desire  that 

20449  perfect  peace  shall  exist  between  the  nations  or  tribes  named  in 

20450  this  article,  and  the  said  republics. 

20451  ARTICLE  10.  This  treaty  shall  be  obligatory  on  the  nations 

20452  or  tribes,  parties  hereto,  from  and  after  the  date  hereof,  and  on 

20453  the  United  States,  from  and  after  its  ratification  by  the  Govern  - 

20454  nient  thereof. 

20455  Proclaimed  February  21,  1838. 


20450  MAHAS. 

20457  A  treaty  of  peace  and  friendship,  made  and  concluded  between 

20458  William  Clark ^    Ninian  Edwards,   and  Auguste   Chouteau, 

20459  commissioners  plenipotentiary  of  the  United  States  of  Amer- 

20460  ica,  on  the  part  and  behalf  of  the  said  States,  of  the  one  part, 
204G1  k  and  the  chiefs  and  warriors  of  the  Mahas,  on  the  part  and 

20462  behalf  of  said  tribe  or  nation,  of  the  other  part. 

20463  The  parties  being  desirous  of  re-establishing  peace  and 

20464  friendship  between  the  United  States  and  the  said  tribe  or 

20465  nation,  and  of  being  placed  in  all  things,  and  in  every  respect, 

20466  on  the  same  footing  upon  which  they  stood  before  the  late  war 

20467  between  the  United  States  and  Great  Britain,  have  agreed  to 

20468  the  following  articles : 

20469  ARTICLE  1.  Every  injury  or  act  of  hostility  committed  by 

20470  one  or  either  of  the  contracting  parties  against  the  other,  shall 

20471  be  mutually  forgiven  and  forgot. 

20472  ARTICLE  2.  There  shall  be  perpetual  peace  and  friendship 

20473  between  all  the  citizens  of  the  United  States  of  America  and 

20474  all  the  individuals  composing  the  tribe  or  nation  of  the  Mahas, 

20475  and  all  friendly  relations  that  existed  between  them  before  the 

20476  war,  shall  be,  and  the  same  are  hereby,  renewed. 

20477  ARTICLE  3.  The  undersigned  chiefs  and  warriors,  for  them- 

20478  selves  and  their  said  tribe  or  nation,  do  hereby  acknowledge 

20479  themselves  and  their  tribe  or  nation  to  be  under  the  protection 

20480  of  the  United  States,  and  of  no   other  nation,  power,  or  sov- 

20481  ereigu,  whatsoever. 

20482  Eatified  December  26, 1815. 


459 


20483 

20484 

20485 

20486 

20487 

20488 

20489 

20490 

20491 

20492 

20493 

20494 

20495 

20496 

20497 

20498 

20499 

20500 

20501 

20502 

20503 

20504 

20505 

20506 

20507 

20508 

20509 

20510 

20511 

20512 

20513 

20514 

20515 

20516 

20517 

20518 

20519 

20520 

20521 

20522 

20523 

20524 

20525 

20526 

20527 


For  the  purpose  of  perpetuating  the  friendship  which  has 
heretofore  existed,  as  also  to  remove  all  future  cause  of  discus 
sion  or  dissention,  as  it  respects  trade  and  friendship  between 
the  United  States  and  their  citizens,  and  the  Maha  tribe  of 
Indians,  the  President  of  the  United  States  of  America,  by 
Brigadier-General  Henry  Atkinson,  of  the  United  States  Army, 
and  Major  Benjamin  O?Fallon,  Indian  agent,  with  full  powers 
and  authority,  specially  appointed  and  commissioned  for  that 
purpose,  of  the  one  part,  and  the  undersigned  chiefs,  head 
men,  and  warriors  of  the  said  Maha  tribe  of  Indians,  on  be 
half  of  their  tribe,  of  the  other  part,  have  made  and  entered 
into  the  following  articles  and  conditions,  which,  when  ratified 
by  the  President  of  the  United  States,  by  and  with  the  advice 
and  consent  of  the  Senate,  shall  be  binding  on  both  parties, 
to  wit : 

ARTICLE  1.  It  is  admitted  by  the  Maha  tribe  of  Indians 
that  they  reside  within  the  territorial  limits  of  the  United  States, 
acknowledge  their  supremacy,  and  claim  their  protection.  The 
said  tribe  also  admit  the  right  of  the  United  States  to  regulate 
all  trade  and  intercourse  with  them. 

ARTICLE  2.  The  United  States  agree  to  receive  the  Maha 
tribe  of  Indians  into  their  friendship,  and  under  their  protection, 
and  to  extend  to  them,  from  time  to  time,  such  benefits  and  acts 
of  kindness  as  may  be  convenient  and  seem  just  and  proper  to 
the  President  of  the  United  States. 

ARTICLE  3.  All  trade  and  intercourse  with  the  Maha  tribe 
shall  be  transacted  at  such  place  or  places  as  maybe  designated 
and  pointed  out  by  the  President  of  the  United  States,  through 
his  agents ;  and  none  but  American  citazeus,  duly  authorized  by 
the  United  States,  shall  be  admitted  to  trade  or  hold  intercourse 
with  said  tribe  of  Indians. 

ARTICLE  4.  That  the  Maha  tribe  may  be  accommodated 
with  such  articles  of  merchandize,  &c.,  as  their  necessaties  may 
demand,  the  United  States  agree  to  admit  and  licence  traders 
to  hold  intercourse  with  said  tribe,  under  mild  and  equitable  regu 
lations  $  in  consideration  of  which  the  Maha  tribe  bind  themselves 
to  extend  protection  to  the  persons  and  the  property  of  the  traders, 
and  the  persons  legally  employed  under  them,  whilst  they  remain 
within  the  limits  of  their  particular  district  of  country.  And 
the  said  Maha  tribe  further  agree,  that  if  any  foreigner,  or  other 
person  not  legally  authorized  by  the  United  States,  shall  come 
into  their  district  of  country,  for  the  purposes  of  trade  or  other 
views,  they  will  apprehend  such  person  or  persons,  and  deliver 
him  or  them  to  some  United  States  superintendent  or  agent  of 
Indian  affairs,  or  to  the  commandant  of  the  nearest  military 


460 

20528  post,  to  be  dealt  with  according  to  law.  And  they  further  agree 

20529  to  give  safe  conduct  to  all  persons  who  may  be  legally  authorized 

20530  by  the  United  States  to  pass  through  their  country  ;  and  to  pro- 

20531  tect  in  theirpersous  and  property  all  agents  or  other  persons  sent 

20532  by  the  United  States  to  reside  temporarily  among  them  ;  nor 

20533  will  they,  whilst  on  their  distant  excursions,  molest  or  interrupt 

20534  any  American  citizen  or  citizens  who  may  be  passing  from  the 

20535  United  States  to  New  Mexico,  or  returning  from  thence  to  the 

20536  United  States. 

20537  ARTICLE  5.  That  the  friendship  which  is  now  established 

20538  between  the  United  States  and  the  Maha  tribe  should  not  be 

20539  interrupted  by  the  misconduct  of  individuals,  it  is  hereby  agreed 

20540  that  for  injuries  done  by  individuals,  no  private  revenge  or  retal- 

20541  iation  shall  take  place,  but  instead  thereof,  complaints  shall  be 

20542  made  by  the  party  injured,  to  the  superintendent  or  agent  of 

20543  Indian  affairs,  or  other  person  appointed  by  the  President ;  and 

20544  it  shall  be  the  duty  of  said  chiefs,  upon  complaint  being  made 

20545  as  aforesaid,  to  deliver  up  the  person  or  persons  against  whom 

20546  the  complaint  is  made,  to  the  end  that  he  or  they  may  be  pun- 

20547  ished  agreeably  to  the  laws  of  the  United  States.     And,  in  like 

20548  manner,  if  any  robbery,  violence,  or  murder  shall  be  committed 

20549  on  any  Indian  or  Indians  belonging  to  said  tribe,  the  person  or 

20550  persons  so  offending  shall  be  tried,  and  if  found  guilty  shall  be 

20551  punished  in  like  manner  as  if  the  injury  had  been  done  to  a  white 

20552  man.    And  it  is  agreed  that  the  chiefs  of  said  Maha  tribe  shall? 

20553  to  the  utmost  of  their  power,  exert  themselves  to  recover  horses 

20554  or  other  property  which  may  be  stolen  or  taken  from  any  citizen 

20555  or  citizens  of  the  United  States,  by  any  individual  or  individuals 

20556  of  said  tribe  ;  and  the  property  so  recovered  shall  be  forthwith 

20557  delivered  to  the  agents  or  other  person  authorized  to  receive  it, 

20558  that  it  may  be  restored  to  the  proper  owner.    And  the  United 

20559  States  hereby  guarranty  to  any  Indian  or  Indians  of  said  tribe 

20560  a  full  indemnification  for  any  horses  or  other  property  which  may 

20561  be  stolen  from  them  by  any  of  their  citizens :  Provided,  That 

20562  the  property  stolen  cannot  be  recovered,  and  that  sufficient  proof 

20563  is  produced  that  it  was  actually  stolen  by  a  citizen  of  the  United 

20564  States.    And  the  said  Maha  tribe  engage,  on  the  requisition  or 

20565  demand  of  the  President  of  the  United  States,  or  of  the  agents? 

20566  to  deliver  up  any  white  man  resident  among  them. 

20567  ARTICLE  6.  And  the  chiefs  and  warriors,  as  aforesaid,  prom- 

20568  ise  and  engage  that  their  tribe  will  never,  by  sale,  exchange,  or 

20569  as  presents,  supply  any  nation,  tribe,  or  band  of  Indians,  not  in 

20570  amity  with  the  United  States,  with  guns,  ammunition,  or  other 

20571  implements  of  war. 

20572  Proclaimed  February  6,  1826. 


461 


20573 


MAKAHS. 


20574  Treaty  between  the  United  States  of  America  and  the  Maltha  tribe  oj 

20575  Indians  ;  concluded  at  Neah  Bay,  Washington  Territory,  Jan- 
2057G  nary  31, 1855 ;  ratified  by  the  Senate,  March  8, 1829. 


20577 
20578 
20579 
20580 
20581 
20582 
20583 
20584 
20585 
20586 
20587 
20588 
20589 
20590 
20591 
20592 
20593 
20594 
20595 
20596 
20597 
20598 
20599 

20600 
20601 
20602 
20603 
20604 
20605 
20606 
20607 
20608 
20609 
20610 
20611 
20612 
20613 
20614 
20615 


JAMES  BUCHANAN,  President  of  the  United  States  of  America, 
to  all  and  singular  to  whom  these  presents  shall  come,  greet 
ing: 

Whereas  a  treaty  was  made  and  concluded  at  Neah  Bay,  in 
the  Territory  of  Washington,  on  the  thirty-first  day  of  January, 
eighteen  hundred  and  fifty-five,  between  Isaac  I.  Stevens,  gov 
ernor  and  superintendent  of  Indian  affairs  for  said  Territory,  on 
the  part  of  the  United  States,  and  the  hereinafter-named  chiefs? 
head-men,  and  delegates  of  the  several  villages  of  the  Makah 
tribe  of  Indians,  viz:  Neah  Waatch,  Tsoo-Yess,  and  Osett,  occu 
pying  the  country  around  Cape  Classett  or  Flattery,  on  behalf 
of  the  said  tribe  and  duly  authorized  by  the  same;  which  treaty 
is  in  the  words  and  figures  following,  to  wit: 
Articles  of  agreement  and  convention,  made  and  concluded  at 
Neah  Bay,  in  the  Territory  of  Washington,  this  thirty-first 
day  of  January,  in  the  year  eighteen  hundred  and  fifty-five, 
by  Isaac  I.  Stevens,  governor  and  superintendent  of  Indian 
affairs  for  the  said  Territory,  on  the  part  of  the  United 
States,  and  the  undersigned  chiefs,  head-men,  and  delegates 
of  the  several  villages  of  the  Makah  tribe  of  Indians,  viz : 
Neah  Waatch,  Tsoo-Yess,  and  Osett,  occupying  the  country 
around   Cape  Classett  or  Flattery,  on  behalf  of  the  said 
tribe  and  duly  authorized  by  the  same. 
ARTICLE  1.  The  said  tribe  hereby  cedes,  relinquishes,  and 
conveys  to  the  United  States  all  their  right,  title,  and  interest 
in  and  to  the  lands  and  country  occupied  by  it,  bounded  and 
described  as  follows,  viz :   Commencing  at  the  mouth  of  the 
Oke-ho  Eiver,  on  the  Straits  of  Fuca;  thence  running  west- 
wrardly  with  said  straits  to  Cape  Classett  or  Flattery ;  thence 
southwardly  along  the  coast  to  Osett,  or  the  Lower  Cape  Flat 
tery  5  thence  eastwardly  along  the  line  of  lands  occupied  by  the 
Kwe-deh-tut  or  Kwill-eh-yute  tribe  of  Indians,  to  the  summit  of 
the  coast-range  of  mountains,  and  thence  northwardly  along  the 
line  of  lauds  lately  ceded  to  the  United  States  by  the  S'Klallam 
tribe  to  the  place  of  beginning,  including  all  the  islands  lying 
off  the  same  on  the  straits  and  coast, 

ARTICLE  2.  There  is,  however,  reserved  for  the  present  use 
and  occupation  of  the  said  tribe  the  following  tract  of  laud,  viz  : 
Commencing  on  the  beach  at  the  mouth  of  a  small  brook 


462 

20616  rvmniDg  into  Neah  Bay  next  to  the  site  of  the  old  Spanish  fort ; 

20617  thence  along  the  shore  round  Cape  Classett  or  Flattery,  to  the 

20618  mouth  of  another  small  stream  running  into  the  bay  on  the 
20610  south  side  of  said  cape,  a  little  above  the  Waatch    village; 

20620  thence  following  said  brook  to  its  source;  thence  in  a  straight 

20621  line  to  the  source  of  the  first-mentioned  brook,  and  thence  fol- 

20622  lowing  the  same  down  to  the  place  of  beginning ;  which  said 

20623  tract  shall  be  set  apart,  and  so  far  as  necessary  surveyed  and 
20621  marked  out  for  their  exclusive  use ;  nor  shall  any  white  man  be 

20625  permitted  to  reside  upon  the  same  without  permission  of  the 

20626  said  tribe  and  of  the  superintendent  or  agent;  but  if  necessary 

20627  for  the  public  convenience,  roads  may  be  run  through  the  said 

20628  reservation,  the  Indians  being  "compensated  for  any  damage 

20629  thereby  done  them.     It  is,  however,  understood  that  should  the 

20630  President  of  the  United  States  hereafter  see  tit  to  place  upon 

20631  the  said  reservation  any  other  friendly  tribe  or  band  to  occupy 

20632  the  same  in  common  with  those  above  mentioned,  he  shall  be  at 

20633  liberty  to  do  so. 

20634  ARTICLE  3.  The  said  tribe  agrees  to  remove  to  and  settle 

20635  upon  the  said  reservation,  if  required  so  to  do.  within  one  year 

20636  after  the  ratification  of  this  treaty,  or  sooner,  if  the  means  are 

20637  furnished  them.     In  the  mean  time  it  shall  be  lawful  for  them 

20638  to  reside  upon  any  land  not  in  the  actual  claim  and  occupation 

20639  of  citizens  of  the  United  States,  and  upon  any  land  claimed  or 
20610  occupied,  if  with  the  permission  of  the  owner. 

20641  ARTICLE  4.  The  right  of  taking  fish  and  of  whaling  or  seal- 

20642  ing  at  usual  and  accustomed  grounds  and  stations  is  further 

20643  secured  to  said   Indians  in   common  with   all   citizens  of  the 

20644  United  States,.and  of  erecting  temporary  houses  for  the  purpose 

20645  of  curing,  together  with  the  privilege  of  hunting  and  gathering 

20646  roots  and  berries  on  open  and  unclaimed  lands  :  Provided,  hoic- 

20647  crer,  That  they  shall  not  take  shell  fish  from  any  beds  staked  or 
•20648  cultivated  by  citizens. 

20649  ARTICLE  5.   In   consideration   of    the   above   cession   the 

20650  United  States  agree  to  pay  to  the  said  tribe  the  sum  of  thirty 

20651  thousand  dollars,  in  the  following  manner,  that  is  to  say:    Dur- 

20652  ing  the  first  year  after  the  ratification  hereof,  three  thousand 

20653  dollars;  for  the  next  two  years,  twenty-five  hundred  dollars  each 

20654  year  ;  for  the  next  three  years,  two  thousand  dollars  each  year  ; 

20655  for  the  next  four  years,  one  thousand  five  hundred  dollars  each 

20656  year ;  and  for  the  next  ten  years,  one  thousand  dollars  each 

20657  year;  all  which  said  sums  of  money  shall  be  applied  to  the  use 

20658  and  benefit  of  the  said  Indians,  under  the  direction  of  the  Pres 

20659  ideut  of  the  United  States,  who  may,  from  time  to  time,  deter- 

20660  mine,  at  his  discretion,  upon  what  beneficial  objects  to  expend 

20661  the  same.    AndJ  the  superintendent  of  Indian  affairs,  or  other 


463 

20662  proper  officer,  shall,  each  year,  inform  the  President  of  the  wishes 

20663  of  said  Indians  in  respect  thereto. 

20664  ARTICLE  6.  To  enable  the  said  Indians  to  remove  to  and 

20665  settle  upon  their  aforesaid  reservation,  and  to  clear,  fence,  and 

20666  break  up  a  sufficient  quantity  of  land  for  cultivation,  the  United 

20667  States  farther  agree  to  pay  the  sum  of  three  thousand  dollars,  to 

20668  be  laid  out  and  expended  under  the  direction  of  the  President, 
20660  and  in  such  manner  as  he  shall  approve.    And  any  substantial 

20670  improvements  heretofore   made  by  any  individual  Indian,  and 

20671  which  he  may  be  compelled  to  abandon  in  consequence  of  this 

20672  treaty,  shall  be  valued  under  the  direction  of  the  President  and 

20673  payment  made  therefor  accordingly. 

20674  ARTICLE  7.  The  President  may  hereafter,  when  in  his  opin- 

20675  ion  the  interests  of  the  Territory  shall  require,  and  the  welfare 

20676  of  said  Indians  be  promoted  thereby,  remove  them  from  said 

20677  reservation  to  such  suitable  place  or  places  within  said  Territory 

20678  as  he  may  deem  fit,  on  remunerating  them  for  their  improve- 

20679  ments  and  the  expenses  of  their  removal,  or  may  consolidate 

20680  them  with  other  friendly  tribes  or  bands;  and  he  may  further, 
2068L  at  his  discretion  cause  the  whole,  or  any  portion  of  the  lands 

20682  hereby  reserved,  or  such  other  land  as  may  be  selected  in  lieu 

20683  thereof,  to  be  surveyed  into  lots,  and  assign  the  same  to  such 

20684  individuals  or  families  as  are  willing  to  avail  themselves  of  the 

20685  privilege,  and  will  locate  thereon  as  a  permanent  home,  on  the 

20686  same  terms  and  subject  to  the  same  regulations  as  are  provided 

20687  in  the  sixth  article  of  the  treaty  with  the  Omahas,  so  far  as  the 

20688  same  may  be  practicable. 

20689  ARTICLE  8.  The  annuities  of  the  aforesaid  tribe  shall  not 

20690  be  taken  to  pay  the  debts  of  individuals. 

20691  ARTICLE  9.  The  said  Indians  acknowledge  their  dependence 

20692  on  the   Government  of  the  United  States,  and  £>romise  to  be 

20693  friendly  writh  all  citizens  thereof,  and  they  pledge  themselves  to 

20694  commit  no  depredations  on  the  property  of  such  citizens.    And 

20695  should  any  one  or  more  of  them  violate  this  pledge,  and  the  fact 

20696  be  satisfactorily  proven  before  the  agent,  the  property  taken 

20697  shall  be  returned,  or  in  default  thereof,  or  if  injured  or  destroyed, 

20698  compensation  may  be  made  by  the  Government  out  of  their  an- 

20699  unities.    Nor  will  they  make  war  on  any  other  tribe  except  in 

20700  self-defence,  but  wrill  submit  all  matters  of  difference  between 
20704  them  and  other  Indians  to  the  Government  of  the  United  States 

20702  or  its  agent  for  decision  and  abide  thereby.    And  if  any  of  the 

20703  said  Indians  commit  any  depredations  on  any  other  Indians 

20704  within  the  Territory,  the  same  rule  shall  prevail  as  that  pre- 
20705  scribed  in  this  article  in  case  of  depredations  against  citizens. 
20706  And  the  said  tribe   agrees  not  to  shelter  or  conceal  offenders 


464 

20707  against  the  United  States,  but  to  deliver  up  the  same  for  trial 

20708  by  the  authorities, 

20709  ARTICLE  10.  The  above  tribe  is  desirous  to  exclude  from  its 
()0710  reservation  the  use  of  ardent  spirits,  and  to  prevent  its  people 

20711  from  drinking  the  same,  and  therefore  it  is  provided  that  any 

20712  Indian  belonging  thereto  who  shall  be  guilty  of  bringing  liquor 

20713  into  said  reservation,  or  who  drinks  liquor,  may  have  his  or  her 

20714  proportion  of  the  annuities  withheld  from  him  or  her  for  such 

20715  time  as  the  President  may  determine. 

20716  ARTICLE  11.  The  United  States  further  agree  to  establish 

20717  at  the  general  agency  for  the  district  of  Puget's  Sound,  within 

20718  one  year  from  the  ratification  hereof,  and  to  support  for  the  pe- 

20719  riod  of  twenty  years,  an  agricultural  and  industrial  school,  to 

20720  be  free  to  children  of  the  said  tribe  in  common  with  those  of  the 

20721  other  tribes  of  said  district,   and  to   provide  a   smithy  and 

20722  carpenter's  shop,  and  furnish  them  with  the  necessary  tools  and 

20723  employ  a  blacksmith,  carpenter,  and  farmer  for  the  like  term  to 

20724  instruct  the  Indians  in  their  respective  occupations  :  Provided, 

20725  hoicever,  That  should  it  be  deemed  expedient  a  separate  school 

20726  may  be  established  for  the  benefit  of  said  tribe  and  such  others 

20727  as  may  be  associated  with  it,  and  the  like  persons  employed  for 

20728  the  same  purposes  at  some  other  suitable  place.    And  the  United 

20729  States  further  agree  to  employ  a  physician  to  reside  at  the  said 

20730  central  agency,  or  at  such  other  school  should  one  be  established, 

20731  who  shall  furnish  medicine  and  advice  to  the  sick,  and  shall 

20732  vaccinate  them  •  the  expenses  of  the  said  school,  shops,  persons 

20733  employed,  and  medical  attendance  to  be  defrayed  by  the  United 

20734  States  and  not  deducted  from  the  annuities. 

20735  ARTICLE  12.  The  said  tribe  agrees  to  free  all  slaves  now 

20736  held  by  its  people,  and  not  to  purchase  or  acquire  others  here- 

20737  after. 

20738  ARTICLE  13.  The  said  tribe  finally  agrees  nut  to  trade  at 

20739  Vancouver's  Island  or  elsewhere  out  of  the  dominions  of  the 

20740  United  States,  nor  shall  foreign  Indians  be  permitted  to  reside 

20741  in  its  reservation  without  consent  of  the  superintendent  or 

20742  agent. 

20743  ARTICLE  14.  This  treaty  shall  be  obligatory  on  the  con- 

20744  tracting  parties  as  soon  as  the  same  shall  be  ratified  by  the  Pres- 

20745  ideut  of  the  United  States. 

20746  Proclaimed  April  IS,  1859. 

20747  MAXDANS. 

20748  Treaty  with  the  Nandan  tribe. 

20749  Whereas  acts  of  hostility  have  been  committed  by  some 

20750  restless  men  of  the  Mandan  tribe  of  Indians  upon  some  of  the 

20751  citazens  of  the  United  States  : 


465 

20752  Therefore,  to  put  a  stop  to  any  further  outrages  of  the  sort, 

20753  and  to  establish  a  more   friendly  understanding  between  the 

20754  United  States  and  the  said  Mandan  tribe,  the  President  of  the 

20755  United  States,  by  Henry  Atkinson,  Brigadier-General  of  the 

20756  United  States  Army,   and  Major  Benjamin  O'Fallon,  Indian 

20757  agent,  commissioners  duly  appointed  and  commissioned  to  treat 

20758  with  the  Indian  tribes  beyond  the  Mississippi  River,  forgive  the 

20759  offences  which  have  been  committed,  the  chiefs  and  warriors 
20700  having  first  made  satisfactory  explanations  touching  the  same. 
207(31  And,  for  the  purpose  of  removing  all  future  cause  of  misunder- 

20762  standing  as  respects  trade  and  friendly  intercourse  between  the 

20763  parties,   the  above-named  commissioners  on   the  part  of  the 

20764  United  States,  and  the  undersigned  chiefs  and  warriors  of  the 

20765  Mandan  tribe  of  Indians  on  the  part  of  said  tribe,  have  made 

20766  and  entered  into  the  following  articles  and  conditions,  which, 

20767  when  ratified  by  the  President  of  the  United  States,  by  and  with 

20768  the  advice  and  consent  of  the  Senate,  shall  be  binding  on  both 

20769  parties,  to  wit : 

20770  ARTICLE  1.  Henceforth  there  shall  be  a  firm  and  lasting 

20771  peace  between  the  United  States  and  the  Mandan  tribe  of  In- 

20772  dians  ;  and  a  friendly  intercourse  shall  immediately  take  place 

20773  between  the  parties. 

20774  ARTICLE  2.  It  is  admitted  by  the  Maudan  tribe  of  Indians 

20775  that  they  reside  within  the  territorial  limits  of  the  United  States, 

20776  acknowledge  their  supremacy,  and  claim  their  protection.     The 

20777  said  tribe  also  admit  the  right  of  the  United  States  to  regulate 

20778  all  trade  and  intercourse  with  them. 

20779  ARTICLE  3.  The  United  States  agree  to  receive  the  Mandan 

20780  tribe  of  Indians  into  their  friendship  and  under  their  protection, 

20781  and  to  extend  to  them,  from  time  to  time,  such  benefits  and  acts 

20782  of  kindness  as  may  be  convenient  and  seem  just  and  proper  to 

20783  the  President  of  the  United  States. 

20784  ARTICLE  4.  All  trade  and  intercourse  with  the  Maudau  tribe 

20785  shall  be  transacted  at  such  place  or  places  as  may  be  designated 

20786  and  pointed  out  by  the  President  of  the  United  States  through 

20787  his  agents ;  and  none  but  American  citazens,  duly  authorized 

20788  by  the  United  States,  shall  be  admitted  to  trade  or  hold  inter- 

20789  course  with  said  tribe  of  Indians. 

20790  ARTICLE  5.  That  the  Maudan  tribe  may  be  accommodated 

20791  with  such  articles  of  merchandize,  &c.,  as  their  necessities  may 

20792  demand,  the  United  States  agree  to  admit;  and  licence  traders  to 

20793  hold  intercourse  with  said  tribe  under  mild  and  equitable  regu- 

20794  lations  ;  in  consideration  of  which  the  Maudan  tribe  bind  them- 

20795  selves  to  extend  protection  to  the  persons  and  the  property  of 

20796  the  traders,  and  the  persons  legally  employed  under  them,  whilst 

20797  they  remain  within  the  limits  of  their  district  of  country.    And 

59  I  T 


466 

20798  the  said  Mandan  tribe  further  agree  that  if  any  foreigner  or 

20799  other  person  not  legally  authorized  by  the  United  States  shall 

20800  come  into  their  district  of  country  for  the  purpose  of  trade  or 

20801  other  views,  they  will  apprehend  such  person  or  persons,  and 

20802  deliver  him  or  them  to  some  United  States  superintendent  or 

20803  agent  of  Indian  affairs,  or  to  the  commandant  of  the  nearest 

20804  military  post,  to  be  dealt  with  according  to  law.    And  they  fur- 

20805  ther  agree  to  give  safe  conduct  to  all  persons  who  may  be  legally 

20806  authorized  by  the  United  States  to  pass  through  their  country, 

20807  and  to  protect  in  their  persons  and  property  all  agents  or  other 

20808  persons  sent  by  the  United  States  to  reside  temporarily  among 

20809  them. 

20810  ARTICLE  6.   That  the  friendship  which  is  now  established 

20811  between  the  United  States  and  the  Mandan  tribe  shall  not  be 

20812  interrupted  by  the  misconduct  of  individuals,  it  is  hereby  agreed 

20813  that,  for  injuries  done  by  individuals,  no  private  revenge  or  re- 

20814  taliation  shall  take  place,  but  instead  thereof  complaints  shall 

20815  be  made  by  the  party  injured  to  the  superintendent  or  agent 
20810  of  Indian  affairs,  or  other  person  appointed  by  the  President; 

20817  and  it  shall  be  the  duty  of  the  said  chiefs,  upon  complaint  being 

20818  made  as  aforesaid,  to  deliver  up  the  person  or  persons  against 

20819  ^vhorn  the  complaint  is  made,  to  the  end  that  he  or  they  may  be 

20820  punished  agreeably  to  the  laws  of  the  United  States.    And,  in 

20821  like  manner,  if  any  robbery,  violence,  or  murder,  shall  be  com- 

20822  rnitted  on  any  Indian  or  Indians  belonging  to  said  tribe,  the  per- 

20823  son  or  persons  so  offending  shall  be  tried,  and  if  found  guilty, 

20824  shall  be  punished  in  like  manner  as  if  the  injury  had  been  done 

20825  to  a  white  man.    And  it  is  agreed  that  the  chiefs  of  the  said 

20826  Mandan  tribe  shall,  to  the  utmost  of  their  power,  exert  thern- 

20827  selves  to  recover  horses  or  other  property  which  may  be  stolen 

20828  or  taken  from  a  citazen  or  citazeus  of  the  United  States,  by  any 

20829  individual  or  individuals  of  said  tribe ;  and  the  property  so  re- 

20830  covered  shall  be  forthwith  delivered  to  the  agents  or  other  per- 

20831  son  authorized  to  receive  it,  that  it  may  be  restored  to  the 

20832  proper  owner.    And  the  United  States  hereby  guaranty  to  any 

20833  Cndian  or  Indians  of  said  tribe  a  full  indemnification  for  any 

20834  horses  or  other  property  which  may  be  stolen  from  them  by  any 

20835  of  their  citazens :   Provided,  That  the  property  so  stolen  cannot 

20836  be  recovered,  and  that  sufficient  proof  is  produced  that  it  was 

20837  actually  stolen  by  a  citazen  of  the  United  States,    And  the  said 

20838  Mandan  tribe  engage,  on  the  requisition  or  demand  of  the  Pres- 

20839  ident  of  the  United  States,  or  of  the  agents,  to  deliver  up  any 

20840  white  man  resident  among  them. 

20841  ARTICLE  7.   And  the  chiefs  and   warriors  as    aforesaid 

20842  promise  and  engage  that  their  tribe  will  never,  by  sale,  ex- 


467 

20843  change,  or  as  presents,  supply  any  nation,  tribe,  or  band  of  In- 

20844  dians,  not  in  amity  with  the  United  States,  with  guns,  ammu 

20845  nition,  or  other  implements  of  war. 

20840  Proclaimed  February  6,  1826. 


20847 


MENOMENEES. 


20848  A   treaty  of  peace  and  friendship  made  and  concluded  by  and  be- 

20849  tween  William  Clark,  Ninian  Edwards^  and  Auguste  Chouteau, 

20850  commissioners  on  the  part  and  behalf  of  the  United  States  of 

20851  America,  of  the  one  part,  and  the  undersigned  chiefs  and  warriors, 

20852  deputed  by  the  Menomenee  tribe  or  nation  of  Indians,  on  the 

20853  part  and  behalf  of  their  said  tribe  or  nation,  of  the  other 

20854  part. 

20855  The  parties,  being  desirous  of  re-establishing  peace  and 

20856  friendship  between  the  United  States  and  the  said  tribe  or  na- 

20857  tion,  and  of  being  placed  in  all  things,  and  in  every  respect,  on 

20858  the  same  footing  upon  which  they  stood  before  the  late  war, 

20859  have  agreed  to  the  following  articles  : 

20860  ARTICLE  1.   Every  injury  or  act  of  hostility  by  one  or 

20861  either  of  the  contracting  parties  against  the  other  shall  be  mu- 

20862  tually  forgiven  and  forgot. 

20863  ARTICLE  2.  There  shall  be  perpetual  peace  and  friendship 
"20864  between  all  the  citizens  of  the  United  States  and  all  the  indi- 

20865  viduals  composing  the  said  Menomeuee  tribe  or  nation. 

20866  ARTICLE  3.  The  undersigned  chiefs  and  warriors,  on  the 

20867  part  and  behalf  of  their  said  tribe  or  nation,  do,  by  these  pres- 

20868  ents,  confirm  to  the  United  States  all  and  every  cession  of  land 

20869  heretofore  made  by  their  tribe  or  nation  to  the  British,  French, 

20870  or  Spanish  government,  within  the  limits  of  the  United  States, 

20871  or  their  territories  j  and  also  all  and  every  treaty,  contract,  and 

20872  agreement  heretofore  concluded  between  the  said  United  States 

20873  and  the  said  tribe  or  nation. 

20874  ARTICLE  4.  The  contracting  parties  do  hereby  agree,  promise, 

20875  and  oblige  themselves,  reciprocally,  to  deliver  up  all  prisoners 

20876  now  in  their  hands  (by  what  means  soever  the  same  may  have 

20877  come  into  their  possession,)  to  the  officer  commanding  at  Prairie 

20878  du  Chien,  to  be  by  him  restored  to  the  respective  parties  hereto, 

20879  as  soon  as  it  may  be  practicable. 

20880  ARTICLE  5.  The  undersigned  chiefs  and  warriors  as  afore- 

20881  said,  for  themselves  and  those  they  represent,  do  hereby  ackno wl- 

20882  edge  themselves  to  be  under  the  protection  of  the  United  States, 

20883  and  of  no  other  nation,  power,  or  sovereign  whatsoever. 

20884  Proclaimed  December  26.  1817, 


468 

20885  Articles  of  agreement  made  and  concluded  at  the  city  of  Washing- 
20880  ton,  this  eighth  day  of  February,  one  thousand  eight  hundred 

2(*>887  and  thirty-one,  between  John  H.  Eaton,  Secretary  of  War,  and 

20888  Samuel  C.  Stambaugh,  Indian  agent  at  Green  Say,  specially 

20880  authorized  by  the  President  of  the  United  States,  and  the  under- 

20890  signed  chiefs  and  head-men  of  the  Menomonee  Nation  of  Indians, 

20891  fully  authorized  and  empowered  by  the  said  nation  to  conclude 

20892  and  settle  all  matters  provided  for  by  this  agreement. 

20893  The  Menoinonee  tribe  of  Indians,  by  their  delegates  in  coun- 

20894  cil,  this  day,  define  the  boundaries  of  their  country  as  follows, 

20895  to  wit : 

2089G  On  the  east  side  of  Green  Bay,  Fox  Biver,  and  Winnebago 

20897  Lake;  beginning  at  the  south  end  of  Winnebago  Lake;  thence 

20898  southeastwardly  to  the  Milwaukyor  Manawauky  Biver;  thence 

20899  down  said  river  to  its  mouth  at  Lake  Michigan  ;  thence  north, 

20900  along  the  shore  of  Lake  Michigan,  to  the  mouth  of  Green  Bay ; 

20901  thence  up  Green  Bay,  Fox  Biver,  and  Wiimebago  Lake  to  the 

20902  place  of  beginning.    And  on  the  icest  side  of  Fox  Biver  as  fol- 

20903  lows :  beginning  at  the  mouth  of  Fox  Biver ;  thence  down  the 

20904  east  shore  of  Green  Bay,  and  across  its  mouth  so  as  to  include 

20905  all  the  islands  of  the  "  Grand  Traverse  ;"  thence  westerly,  on  the 

20906  highlands  between  the  Lake  Superior  and  Green  Bay,  to  the 

20907  upper  forks  of  the  Menomouee  Biver ;  thence  to  the  Plover 

20908  portage  of  the  Wisconsin  Biver ;  thence  up  the  Wisconsin  Biver 

20909  to  the  Soft  Maple  Biver  ;  thence  to  the  source  of  the  Soft  Maple  - 

20910  Biver;  thence  west  to  the  Plume  Biver,  which  falls  into  the 

20911  Chippeway  Biver ;  thence  down  said  Plume  Biver  to  its  mouth ; 

20912  thence  down  the  Chippeway  Biver  thirty  miles ;  thence  east- 

20913  erly  to  the  forks  of  the  Maiioy  Biver,  which  falls  into  the  Wis- 

20914  consin  Biver;  thence  down  the  said  Maiioy  Biver  to  its  mouth ; 

20915  thence  down  the  Wisconsin  Biver  to  the  Wisconsin  portage ; 

20916  thence  across  the  said  portage  to  the  Fox  Biver ;  thence  down 

20917  Fox  Biver  to  its  mouth  at  Green  Bay,  or  the  place  of  beginning. 

20918  The  country  described  within  the  above  boundaries  the  Me- 

20919  nomonees  claim  as  the  exclusive  property  of  their  tribe.     Not 

20920  yet  having  disposed  of  any  of  their  lands,  they  receive  no  annu- 

20921  ities  from  the  United  States,  whereas  their  brothers  the  Pooto- 

20922  wottoinees  on  the  south,  and  the  Winnebagoes  on  the  west,  have 

20923  sold  a  great  portion  of  their  country,  receive  large  annuities, 

20924  and  are  now  encroaching  upon  the  lands  of  the  Menomonees. 

20925  For  the  purposes,  therefore,  of  establishing  the  boundaries  of 

20926  their  country,  and  of  ceding  certain  portions  of  their  lands  to 

20927  the  United  States,  in  order  to  secure  great  and  lasting  benefits 

20928  to  themselves  and  posterity,  as  well  as  for  the  purpose  of  set- 

20929  tling  the  long-existing  dispute  between  themselves  and  the  sev- 


469 

20930  eral  tribes  of  the  New  York  Indians,  who  claim  to  have  pur- 

20931  chased  a  portion  of  their  lands,  the  undersigned,  chiefs  and  head- 

20932  men  of  the  Menomonee  tribe,  stipulate  and  agree  with  the  United 

20933  States  as  follows : 

20934  First.  The  Menomonee  tribe  of  Indians  declare  theinselve  the 

20935  friends  and  allies  of  the  United  States,  under  whose  parental 

20936  care  and  protection  they   desire  to  continue  ;   and  although 

20937  always  protesting  that  they  are  under  no  obligation  to  recog- 

20938  nise  any  claim  of  the  New  York  Indians  to  any  portion  of  their 

20939  country  ;  that  they  neither  sold  nor  received  any  value  for  the 

20940  land  claimed  by  these  tribes ;  yet  at  the  solicitation  of  their 

20941  Great  Father,  the  President  of  the  United  States,  and  as  an 

20942  evidence  of  their  love  and  veneration  for  him,  they  agree  that 

20943  such  part  of  the  land  described,  being  within  the  following 

20944  boundaries,  as  he  may  direct,  may  be  set  apart  as  a  home  to  the 

20945  several  tribes  of  the  New  York  Indians,  who  may  remove  to  and 

20946  settle  upon  the  same  within  three  years  from  the  date  of  this 

20947  agreement,  viz :  beginning  on  the  west  side  of  Fox  Eiver,  near 

20948  the  "  Little  Kackalin,"  at  a  point  known   as  the   "  Old  Mill 

20949  Dam  f  thence  northwest  forty  miles  $  thence  northeast  to  the 

20950  Oconto   Creek,    falling  into   Green   Bay  ;   thence   down   said 

20951  Oconto   Creek  to  Green  Bay  ;   thence  up  and  along   Green 

20952  Bay   and  Fox  Eiver  to  the    place   of  beginning;    excluding 

20953  therefrom  all  private  land  claims  confirmed,  and  also  the  follow- 

20954  ing  reservation  for  military  purposes  :  beginning  on  the  Fox 

20955  Eiver,   at  the  mouth  of  the  first  creek  above  Fort  Howard ; 

20956  thence  north  sixty-four  degrees  west  to  Duck  Creek;  thence 

20957  down   said  Duck  Creek   to  its  mouth;   thence  up   and   along 

20958  Green  Bay  and  Fox  Eiver  to   the  place  of  beginning.     The 

20959  Menomouee  Indians  also  reserve  for  the  use  of  the  United 

20960  States,  from  the  country  herein  designated  for  the  New  York 

20961  Indians,  timber  and  fire-wood  for  the  United  States  garrison, 

20962  and  as  much  land  as  may  be  deemed  necessary  for  public  high- 

20963  ways,  to  be  located  by  the  direction  and  at  the  discretion  of 

20964  the  President  of  the  United  States.    The  country  hereby  ceded 

20965  to  the  United  States  for  the  benefit  of  the  New  York  Indians 

20966  contains  by  estimation  about  five  hundred  thousand  acres,  and 

20967  includes  all  their  improvements  on  the  west  side  of  Fox  Eiver. 

20968  As  it  is  intended  for  a  home  for  the  several  tribes  of  the  New 

20969  York  Indians  who  may  be  residing  upon  the  lands  at  the  expira- 

20970  tion  of  three  years  from  this  date,  and  for  none  others,  the  Presi- 

20971  dent  of  the  United  States  is  hereby  empowered  to  apportion  the 

20972  lands  among  the  actual  occupants  at  that  time,  so  as  not  to  assign 

20973  to  any  tribe  a  greater  number  of  acres  than  may  be  equal  to  one 

20974  hundred  for  each  soul  actually  settled  upon  the  lands,  and  if,  at 

20975  the  time  of  such  apportionment,  any  lands  shall  remain  unoccu- 


470 

20976  pied  by  any  tribe  of  the  New  York  Indians,  such  portion   as 

20977  would  have  belonged  to  said  Indians,  had  it  been  occupied,  shall 

20978  revert  to  the  United  States.    That  portion,  if  any,  so  reverting, 

20979  to  be  laid  off  by  the  President  of  the  United  States.    It  is  dis- 

20980  tinctly  understood  that  the  lands  hereby  ceded  to  the  United 

20981  States  for  the  New  York  Indians  are  to  be  held  by  those  tribes, 

20982  under  such  tenure  as  the  Menomonee  Indians  now  hold  their 

20983  lands,  subject  to  such  regulations  and  alteration  of  tenure  as 

20984  Congress   and  the  President  of  the  United  States  shall  from 

20985  time  to  time  think  proper  to  adopt. 

20986  Second.  For  the  above  cession  to  the  United  States  for  the 

20987  benefit  of  the  New  York  Indians  the  United  States  consent  to 

20988  pay  theMenomouee  Indians  twenty  thousand  dollars,  five  thou- 

20989  sand  to  be  paid  on  the  first  day  of  August  next,  and  five  thou- 

20990  sand  annually  thereafter,  which  sums  shall  be  applied  to  the 

20991  use  of  the  Menomonees  after   such  manner   as  the  President 

20992  of  the  United  States  may  direct. 

20993  Third.  The  Menomonee  tribe  of  Indians,  in  consideration  of 

20994  the  kindness  and  protection  of  the  Government  of  the  United 

20995  States,  and  for  the  purpose  of  securing  to  themselves  and  pos- 

20996  terity  a  comfortable  home,  hereby  cede  and  forever  relinquish  to 

20997  the  United  States  all  their  country  on  the  southeast  side  of 

20998  Wiunebago  Lake,  Fox  River,  and  Green  Bay,  which  they  describe 

20999  in  the  following  boundaries,  to  wit :  Beginning  at  the  south  end 

21000  of  Winnebago  Lake  and  running  in  a  southeast  direction  to 

21001  Milwauky  or  Manawauky  Eiver  5  thence  down  said  river  to  its 

21002  mouth;  thence  north,  along  the  shore  of  Lake  Michigan  to  the 

21003  entrance  of  Green  Bay ;  thence  up  and  along  Green  Bay,  Fox 

21004  River,  and  Winnebago  Lake  to  the  place  of  beginning,  excluding 

21005  all  private  land  claims  which  the  United  States  have  heretofore 

21006  confirmed  and  sanctioned.    It  is  also  agreed  that  all  the  islands 

21007  which  lie  in  Fox  River  and  Green  Bay  are  likewise  ceded ;  the 

21008  whole  comprising,  by  estimation,  two  million  five  hundred  thou- 

21009  sand  acres, 

21010  Fourth.  The  following-described  tract  of  land,  at  present 

21011  owned  and  occupied  by  the  Menomonee  Indians,  shall  be  set 

21012  apart  and  designated  for  their  future  homes,  upon  which  their 

21013  improvements  as  an  agricultural  people  are  to  be  made  :  Begin- 

21014  ning  on  the  west  side  of  Fox  Eiver,  at  the  "  Old  Mill  Dam," 

21015  near  the  "  Little  Kackaliu,"  and  running  up  and  along  said  river 

21016  to  the  Winnebago  Lake ;  thence  along  said  lake  to  the  mouth 

21017  of  Fox  River ;  thence  up  Fox  River  to  the  Wolf  River ;  thence 

21018  up  Wolf  River  to  a  point  southwest  of  the  west  corner  of  the 

21019  tract  herein  designated  for  the  New  York  Indians ;  thence  north  • 

21020  east  to  said  west  corner  5  thence  southeast  to  the  place  of  begin- 

21021  ning.    The  above  reservation  being  made  to  the  Menomonee 


471 

21022  Indians  for  the  purpose  of  weaning  them  from  their  wandering 

21023  habits,  by  attaching  them  to  comfortable  homes,  the  President 

21024  of  the  United  States,  as  a  mark  of  affection  for  his  children  of 

21025  the  Menomonee  tribe,  will  cause  to  be  employed  five  farmers  of 

21026  established  character  for  capacity,  industry,  and  moral  habits, 

21027  for  ten  successive  years,  whose  duty  it  shall  be  to  assist  the 

21028  Menomonee  Indians  in  the  cultivation  of  their  farms,  and  to  in- 

21029  struct  their  children  in  the  business  and  occupation  of  farming. 

21030  Also,  five  females  shall  be  employed,  of  like  good  character,  for 

21031  the  purpose  of  teaching  young  Menomonee  women jn  the  busi- 

21032  ness  of  useful  housewifery  during  a  period  of  ten  years.  .  The 

21033  annual  compensation  allowed  to  the  farmers  shall  not  exceed 

21034  five  hundred  dollars,  and  that  of  the  females  three  hundred  dol- 

21035  lars.    And. the  United  States  will  cause  to  be  erected  houses 

21036  suited  to  their  condition  on  said  lands  as  soon  as  the  Indians 

21037  agree  to  occupy  them,  for  which  ten  thousand  dollars  shall  be 

21038  appropriated ;  »also,  houses  for  the  farmers,  for  which  three 

21039  thousand  dollars  shall  be  appropriated  ;  to  be  expended  under 

21040  the  direction  of  the  Secretary  of  War.    Whenever  the  Menomo- 

21041  nees  thus  settle  their  lands  they  shall  be  supplied  with  useful 

21042  household  articles,  horses,  cows,  hogs,  and  sheep,  farming  uten- 

21043  sils,  and  other  articles  of  husbandry  necessary  to  their  comfort, 

21044  to  the  value  of  six  thousand  dollars ;  and  they  desire  that  some 

21045  suitable  device  may  be  stamped  upon  such  articles  to  preserve 

21046  them  from  sale  or  barter  to  evil-disposed  white  persons,  none  of 

21047  which,  nor  any  other  articles  with  which  the  United  States  may 

21048  at  any  time  furnish  them,  shall  be  liable  to  sale,  or  be  disposed 

21049  of  or  bargained,  without  permission  of  the  agent.    The  whole 

21050  to  be  under  the  immediate  care  of  the  farmers  employed  to  re. 

21051  main  among  said  Indians,  but  subject  to  the  general  controul 

21052  of  the  United  States  Indian  agent  at  Green  Bay,  acting  under 

21053  the  Secretary  of  War.    The  United  States  will  erect  a  grist  and 

21054  saw  mill  on  Fox  River  for  the  benefit  of  the  Menomonee  Indians, 

21055  and  employ  a  good  miller,  subject  to  the  direction  of  the  agent, 

21056  whose  business  it  shall  be  to  grind  the  grain  required  for  the 

21057  use  of  the  Menomonee  Indians  and  saw  the  lumber  necessary 

21058  for  building  on  their  lands,  as  also  to  instruct  such  young  men 

21059  of  the  Menomonee  Nation  as  desire  to  and  conveniently  can 

21060  be  instructed  in  the  trade  of  a  miller.    The  expenses  of  erecting 

21061  such  mills  and  a  house  for  the  miller  to  reside  in  shall  not  ex- 

21062  ceed  six  thousand  dollars,  and  the  annual  compensation  of  the 

21063  miller  shall  be  six  hundred  dollars,  to  continue  for  ten  years. 

21064  And  if  the  mills  so  erected  by  the  United  States  can  saw  more 

21065  lumber  or  grind  more  grain  than  is  required  for  the  proper  use 

21066  of  said  Menomonee  Indians,  the  proceeds  of  such  milling  shall 


472 

21067  be  applied  to  the  payment  of  other  expenses  occurring  in  the 

21068  Green  Bay  agency,  under  the  direction  of  the  Secretary  of  War. 

21069  In  addition  to  the  above  provision  made  for  the  Menomo- 

21070  nee  Indians,  the  President  of  the  United  States  will  cause  articles 

21071  of  clothing  to  be  distributed  among  their  tribe  at  Green  Bay, 

21072  within  six  months  from  the  date  of  this  agreement,  to  the  amount 

21073  of  eight  thousand  dollars  5  and  flour  and  wholesome'provisions 

21074  to  the  amount  ot  one  thousand  dollars,  one  thousand  dollars  to 

21075  be  paid  in  specie  ;  the  cost  of  the  transportation  of  the  clothing 

21076  and  provisions  to  be  included  in  the  sum  expended.    There  shall 

21077  also  be  allowed  annually  thereafter,  for  the  space  of  twelve  suc- 

21078  cessive  years,  to  the  Menomonee  tribe,  in  such  manner  and  form 

21079  as  the  President  of  the  United  States  shall  deem  most  beneficial 

21080  and  advantageous  to  the  Indians,  the  sum  of  six  thousand  dol- 

21081  lars.    As  a  matter  of  great  importance  to  the  Meuomonees,  there 

21082  shall  be  one  or  more  gun  and  black  smith's  shops  erected,  to  be 

21083  supplied  with  a  necessary  quantity  of  iron  and  steel,  which,  with 

21084  a  shop  at  Green  Bay,  shall  be  kept  up  for  the  use  of  the  tribe, 

21085  and  continued  at  the  discretion  of  the  President  of  the  United 

21086  States.    There  shall  also  be  a  house  for  an  interpreter  to  reside 

21087  in,  erected  at  Green  Bay,  the  expenses  not  to  exceed  five  huu- 

21088  dred  dollars. 

21089  Fifth.  In  the  treaty  of  Butte  des  Morts,  concluded  in  August, 

21090  1827,  an  article  is  contained,  appropriating  one  thousand  five 

21091  hundred  dollars  annually,  for  the  support  of  schools   in  the 

21092  Menomonee  country.    And  the  representatives  of  the  Menomo- 

21093  nee  Nation,  who  are  parties  hereto,  require,  and  it  is  agreed  to, 

21094  that  said  appropriation  shall  be  increased  five  hundred  dollars, 

21095  and  continued  for  ten  years  from  this  date,  to  be  placed  in  the 

21096  hands  of  the  Secretary  at  War,  in  trust  for  the  exclusive  use  and 

21097  benefit  of  the  Menomonee  tribe  of  Indians,  and  to  be  applied  by 

21098  him  to  the  education  of  the  children  of  the  Menomonee  Indians, 

21099  in  such  manner  as  he  may  deem  most  advisable. 

21100  Sixth.  The  Menomonee  tribe  of  Indians  shall,  be  at  liberty 

21101  to  hunt  and  fish  on  the  lands  they  have  now   ceded  to  the 

21102  United  States,  on  the  east  side  of  Fox  River  and  Green  Bay, 

21103  with  the  same  privileges  they  at  present  enjoy,  until  it  be  sur- 

21104  veyed  and  offered  for  sale  by  the  President ;  they  conducting 

21105  themselves  peaceably  and  orderly.    The  chiefs  and  warriors  of 

21106  the  Meuomonee  Nation,  acting  under  the  authority  and  on  behalf 

21107  of  their  tribe,  solemnly  pledge  themselves  to  preserve  peace  and 

21108  harmony  between  their  people  and  the  Government  of  the  United 

21109  States  forever.    They  neither  acknowledge  the  power  nor  pro- 

21110  tection  of  any  other  State  or  people.     A  departure  from  this 

21111  pledge  by  any  portion  of  their  tribe  shall  be  a  forfeiture  of  the 

21112  protection  of  the  United  States  Government,  and  their  annuities 

21113  will  cease.    In  thus  declaring  their  friendship  for  the  United 


473 

21114  States,  however,  the  Meiiomonee  tribe  of  Indians,  having1  the 

21115  most  implicit  confidence  in  their  Great  Father,  the  President  of 

21116  the  United  States,  desire   that  he  will,  as  a  kind  and  faithful 

21117  guardian  of  their  welfare,  direct  the  provisions  of  this  compact  to 

21118  be  carried  into  immediate  effect.     The  Menomonee  chiefs  re- 

21119  quest  that  such  part  of  it  as  relates  to  the  New  York  Indians 

21120  be  immediately  submitted  to  the  representatives  of  their  tribes. 

21121  And  if  they  refuse  to  accept  the  provision  made  for  their  benefit, 

21122  and  to  remove  upon  the  lauds  set  apart  for  them,  on  the  west 

21123  side  of  Fox  Eiver,  that  he  will  direct  their  immediate  removal 

21124  from  the  Menomouee  country  ;  but  if  they  agree  to  accept  of  the 

21125  liberal  offer  made  to  them  by  the  parties  to  this  compact,  then 

21126  the  Meuomonee  tribe,  as  dutiful  children  of  their  Great  Father  the 

21127  President,  will  take  them  by  the  hand  as  brothers,  and  settle 

21128  down  with  them  in  peace  and  friendship. 

21129  The  boundary,  as  stated  and  defined  in  this  agreement,  of 

21130  the  Menomonee  country,  with  the  exception  of  the  cessions 

21131  hereinbefore  made  to  the  United  States,  the  Menomouees  claim 

21132  as  their  country  ;  that  part  of  it  adjoining  the  farming  country, 

21133  on  the  west  side  of  Fox  River,  will  remain  to  them  as  heretofore? 

21134  for  a  hunting  ground,  until  the  President  of  the  United  States 

21135  shall  deem  it  expedient  to  extinguish  their  title.    In  that  case 

21136  the  Meuoniouee  tribe  promise  to  surrender  it  immediately,  upon 

21137  being  notified  of  the  desire  of  Government  to  possess  it ;  the 

21138  additional  annuity  then  to  be  paid  to  the  Menomouee  tribe  to 

21139  be  fixed  by  the  President  of  the  United  States.     It  is  conceded 

21140  to  the  United  States  that  they  may  enjoy  the  right  of  making 

21141  such  roads,  and  of  establishing  such  military  posts,  in  any  part 

21142  of  the  country  now  occupied  by  the  Menomonee  Nation,  as  the 

21143  President  at  any  time  may  think  proper. 

21144  As  a  further  earnest  of  the  good  feeling  on  the  part  of  their 

21145  Great  Father,  it  is  agreed  that  the  expenses  of  the  Menomonee 

21146  delegation  to  the  city  of  Washington,  and  of  returning,  will  be 

21147  paid,  and  that  a  comfortable  suit  of  clothes  will  be  provided  for 

21148  each ;  also,  that  the  United  States  will  cause  four  thousand  dollars 

21149  to  be  expended  in  procuring  fowling-guus,  and  ammunition  for 

21150  them ;  and  likewise,  in  lieu  of  any  garrison  rations,  hereafter 

21151  allowed  or  received  by  them,  there  shall  be  procured  and  given 

21152  to  said  tribe  one  thousand  dollars7  worth  of  good  and  wholesome 

21153  provisions  annually,  for  four  years,  by  which  time  it  is  hoped 

21154  their  hunting  habits  may  cease,  and   their  attention  be  turned 

21155  to  the  pursuits  of  agriculture. 

21156  SUPPLEMENTARY   ARTICLES. 

21157  First.  It  is  agreed  between  the  undersigned,  commissioners 

21158  on  behalf  of  the  United  States,  and  the  chiefs  and  warriors 

60  I  T 


474 

21159  representing  the  Menoinonee  tribe  of  Indians,  that,  for  the  rea- 

21160  sons  above  expressed,  such  parts  of  the  first  article  of  the  agree- 

21161  ment  entered  into  between  the  parties  hereto,  on   the   eighth 

21162  instant,  as  limits  the  removal  and  settlement  of  the  New  York 

21163  Indians  upon  the  lands  therein  provided  for  their  future  homes, 

21164  to  three  years,  shall  be  altered  and  amended,  so  as  to  read  as 

21165  follows:  That  the  President  of  the  United  States  shall  prescribe 

21166  the  time  for  the  removal  and  settlement  of  the  New  York  In- 

21167  diaus  upon  the  lands  thus  provided  for  them;  and,  at  the  expi- 

21168  ration  of  such   reasonable  time,  he  shall   apportion   the  laud 

21169  among  the  actual  settlers,  in  such  manner  as  he  shall   deem 

21170  equitable  and  just.     And  if,  within  such  reasonable  time  as  the 

21171  President  of  the  United  States  shall  prescribe  for  that  purpose, 

21172  the  New  York  Indians  shall  refuse  to  accJe.pt  the  provisions 

21173  made  for  their  benefit,  or,  having  agreed,  shall  neglect  or  refuse 
21171  to  remove  from  New  York,  and  settle  oil  the  said  lands,  within 

21175  the  time  prescribed  for  that  purpose,  that  then,  and  in  either  of 

21176  these  events,  the  lands  aforesaid  shall  be  and  remain  the  prop- 

21177  erty  of  the  United  States,  according  to  said  first  article,  except- 

21178  ing  so  much  thereof  as  the  President  shall  deem  justly  due  to 

21179  such  of  the  New  York  Indians  as  shall  actually  have  removed 

21180  to  and  settled  on  the  said  lauds. 

21181  Second.  It  is  further  agreed  that  the  part  of  the  sixth  ar- 

21182  tide  of  the  agreement  aforesaid  which  requires  the  removal  of 

21183  those  of  the  New  York  Indians  who  may  not  be  settled  on  the 

21184  lands  at  the  end  of  three  years,  shall  be  so  amended  as  to  leave 

21185  such  removal  discretionary  with  the  President  of  the  United 

21186  States  ;  the  Menoinonee  Indians  having  full  confidence  that  in 

21187  making  his  decision  he  will  take  into  consideration  the  welfare 

21188  and  prosperity  of  their  nation :  Provided,  That  for  the  purpose 

21189  of  establishing  the  rights  of  the  New  York  Indians  on  a  per- 

21190  mauent  and  just  footing,  the  said  treaty  shall  be  ratified  with 

21191  the  express  understanding  that  two  townships  of  land  on  the 

21192  east  side  of  the  Winnebago  Lake,  equal  to  forty-six  thousand 

21193  and  eighty  acres,  shall  be  laid  oif,  (to  commence  at  some  point 

21194  to  be  agreed  on,)  for  the  use  of  the  Stockbridge  and  Munsee 

21195  tribes ;  and  that  the  improvements  made  on  the  lands  now  in  the 

21196  possession  of  the  said  tribes,  on  the  east  side  of  the  Fox  Ittvef, 

21197  which  said  lands  are  to  be  relinquished,  shall,  after  being  valued 

21198  by  a  commissioner  to  be  appointed  by  the  President  of  the 

21199  United  States,  be  paid  for  by  the  Government :  Provided,  liow- 

21200  ever,  That  the  valuation  of  such  improvements  shall  not  exceed 

21201  the  sum  of  twenty-five  thousand  dollars ;  and  that  there  shall 

21202  be   one   township   of  land,  adjoining  the  foregoing,  equal   to 

21203  twenty-three  thousand  and  forty  acres,  laid  off  and  granted  for 

21204  the  use  of  the  Brothertown  Indians,  who  are  to  be  paid,  by 


475 

21205  the  Government,  the  sum  of  one  thousand  six  hundred  dollars 

21206  for  the  improvements  on  the  lands  now  in  their  possession  on 

21207  the  east  side  of  Fox  Eiver,  and  which  lands  are  to  be  relin- 

21208  quished  by  said  Indians;  also,  that  a  new  line  shall  be  run, 

21209  parallel  to  the  southwestern  boundary-line  or  course  of  the  tract 

21210  of  five  hundred  thousand  acres  described  in  the  first  article  of 

21211  this  treaty,  and  set  apart  for  the  New  York  Indians,  to  com- 

21212  mence  at  a  point  on  the  west  side  of  the  Fox  Eiver,  and  one 

21213  mile  above  the  Grand  Shute  on  Fox  Eiver,  and  at  a  sufficient 

21214  distance  from  the  said  boundary-line,  as  established  by  the  said 

21215  first  article,  as  shall  comprehend  the  additional  quantity  of  two 

21216  hundred  thousand  acres  of  land,  on  and  along  the  west  side  of 

21217  Fox  Eiver,  without  including  any  of  the  confirmed  private  land 

21218  claims  on  the  Fox  Eiver,  and  which  two  hundred  thousand 

21219  acres  shall  be  a  part  of  the  five  hundred  thousand  acres  intended 

21220  to  be  set  apart  for  the  Six  Nations  of  the  New  York  Indians  and 

21221  the  St.  Eegis  tribe;  and  that  an  equal  quantity  to  that  which 

21222  is  added  on  the  southwestern  side  shall  be  taken  off  from  the 

21223  northeastern  side  of  the  said  tract,  described  in  that  article,  on 

21224  the  Oconto  Creek,  to  be  determined  by  a  commissioner  to  be 

21225  appointed  by  the  President  of  the  United  States ;  so  that  the 

21226  whole  number  of  acres  to  be  granted  to  the  Six  Nations  and  St. 

21227  Eegis  tribe  of  Indians  shall  not  exceed  the  quantity  originally 

21228  stipulated  by  the  treaty. 

21229  Proclaimed  July  9, 1832. 

21230  Whereas  articles  of  agreement  between  the  United  States 

21231  of  America,  and  the  Menominee  Indians,  were  made  and  con- 

21232  eluded  at  the  city  of  Washington,  on  the  eighth  day  of  February, 

21233  A.  D.  one  thousand  eight  hundred  and  thirty-one,  by  John  H. 

21234  Eaton  and  Samuel  C.  Stambaugh,  commissioners  on  the  part  of 

21235  the  United  States,  and  certain  chiefs  and  head-men  of  the  Meno- 

21236  minee  Nation,  on  the  part  of  said  nation  ;  to  which  articles  an  ad- 

21237  dition  or  supplemental  article  was  afterwards  made,  on  the  17th 

21238  day  of  February,  in  the  same  year,  by  which  the  said  Menominee 

21239  Nation  agree  to  cede  to  the  United  States  certain  parts  of  their 

21240  land  ;  and  that  a  tract  of  country  therein  defined  shall  be  set  apart 

21241  for  the  New  York  Indians.     All  which,  with  the  many  other  stip- 

21242  ulations  therein  contained,  will  more  fully  appear  by  reference 

21243  to  the  same.    Which  said  agreements  thus  forming  a  treaty,  were 

21244  laid  before  the  Senate  of  the  United  States  during  their  then 

21245  session,  but  were  not  at  said   session  acted  on  by  that  body. 

21246  Whereupon  a  further  agreement  was  on  the  fifteenth  day  of 

21247  March,  in  the  same  year,  entered  into  for  the  purpose  of  pre- 
21248  serving  the  provisions  of  the   treaty,  made  as  aforesaid  ;  by 
21249  which  it  is  stipulated  that  the  said  articles  of  agreement,  con- 


476 

21250  eluded  as  aforesaid,  should  be  laid  before  the  next  Senate  of  the 

21251  United  States,  at  their  ensuing  session  ;  and  if  sanctioned  and 

21252  confirmed  by  them,  that  each  and  every  article  thereof  should  be 

21253  as  binding  and  obligatory  upon  the  parties  respectively  as  if 

21254  they  had  been  sanctioned  at  the  previous  session.     And 

21255  Whereas  the  Senate  of  the  United  States,  by  their  resolution 

21256  of  the  twenty-fifth  day  of  June,  one  thousand  eight  hundred  and 

21257  thirty-two,  did  advise  and  consent  to  accept,  ratify,  and  confirm 

21258  the  same,  and  every  clause  and  article  thereof,  upon  the  condi- 

21259  tions  expressed  in  the  proviso  contained  in  their  said  resolution, 

21260  which  proviso  is  as  follows :  "  Provided,  That  for  the  purpose  of 
212G1  establishing  the  rights  of  the  New  York  Indians  on  a  perma- 

21262  nent  and  just  footing,  the  said  treaty  shall  be  ratified,  with  the 

21263  express  understanding  that  two  townships  of  land  on  the  east 

21264  side  of  Winnebago  Lake,  equal  to  forty-six  thousand  and  eighty 

21265  acres,  shall  be  laid  off  (to  commence  at  some  point  to  be  agreed 

21266  on)  for  the  use  of  the  Stockbridge  and  Man  see  tribes;  and  that 

21267  the  improvements  made  on  the  lauds  now  in  the  possession  of 

21268  the  said  tribes  on  the  east  side  of  the  Fox  River,  which  said 

21269  lauds  are  to  be  relinquished,  shall,  after  being  valued  by  a  com- 

21270  missioner  to  be  appointed  by  the  President  of  the  United  States^ 

21271  be  paid  for  by  the  Government:  Provided,  however,  That  the 

21272  valuation  of  such  improvements   shall  not  exceed  the  sum  of 

21273  twenty-five  thousand  dollars.     And  that  there  shall  be  one  town- 

21274  ship  of  land  adjoining  the  foregoing,  equal  to  twenty-three  thou- 

21275  sand  and  forty  acres,  laid  off  and   granted  for  the  use  of  the 

21276  Brothertown  Indians,  who  are  to  be  paid  by  the  Government 

21277  the  sum  of  one  thousand  six  hundred  dollars  for  the  improve- 

21278  ments  on  the  lands  now  in  their  possession,  on  the  east  side  of 

21279  Fox  River,  and  which  lands  are  to  be  relinquished  by  said  In- 

21280  dians;  also  that  a  new  line  shall  be  run,  parallel  to  the  south. 

21281  western  boundary-line  or  course  of  the  tract  of  five  hundred 

21282  thousand  acres  described  in  the  first  article  of  this  treaty,  and 

21283  set  apart  for  the  New  York  Indians,  to  commence  at  a  point  on  the 

21284  west  side  of  the  Fox  River,  and  one  mile  above  the  Grand  Shute, 

21285  on  Fox  River,  and  at  a  sufficient  distance  from  the  said  bound- 

21286  ary-line  as  estimated  by  the  said  first  article,  as  shall  compre- 

21287  hend  the  additional  quantity  of  two  hundred  thousand  acres  of 

21288  land  on  and  along  the  west  side  of  Fox  River,  without  including 

21289  any  of  the  confirmed  private  land  claims  on  the  Fox  River  ; 

21290  and  which  two  hundred  thousand  acres  shall  be  a  part  of  the 

21291  five  hundred  thousand  acres  intended  to  be  set  apart  for  the 

21292  Six  Nations  of  the  New  York  Indians  and  the  St.  Regis  tribe  j 

21293  and  that  an  equal  quantity  to  that  which  is  added  to  the  south- 

21294  western  side  shall  be  taken  off  from  the  northeastern  side  of  the 

21295  said  tract  described  in  that  article,  on  the  Oconto  Creek,  to  be 


477 

21296  determined  by  a  commissioner  to  be  appointed  by  the  President 

21297  of  the  United  States  ;  so  that  the  whole  number  of  acres  to  be 

21298  granted  to  the  Six  Nations  and  St.  Regis  tribe  of  Indians  shall 

21299  not  exceed  the  quantity  originally  stipulated  by  the  treaty." 

21300  And 

21.301  Whereas,  before  the  treaty  aforesaid,  conditionally  ratified, 

21302  according  to  the  proviso  to  the  said  resolution  of  the  Senate, 

21303  above  recited,  could  be  obligatory  upon  the  said  Menoininee 

21304  Nation,  their  assent  to  the  same  must  be  had  and  obtained. 

21305  And  whereas  the  honorable  Lewis  Cass,  Secretary  of  the 

21306  Department  of  War,  by  his  letter  of  instructions  of  the  eleventh 

21307  day  of  September,  A.  D.  1832,  did  authorize  and  request  George 

21308  B.  Porter,  Governor  of  the  Territory  of  Michigan,  to  proceed  to 

21309  Green  Bay,  and  endeavor  to  procure  the  assent  of  the  Menom- 

21310  inees  to  the  change  proposed  by  the  Senate,  as  above  set  forth; 

21311  urging  the  necessity  of  directing  his  first  efforts  to  an  attempt  to 

21312  procure  the  unconditional  assent  of  the  Menominees  to  the  said 

21313  treaty,  as  ratified  by  the  Senate.     But  should  he  fail  in  this  ob- 

21314  ject  that  he  would  then  endeavor  to  procure  their  assent  to  the 

21315  best  practicable  terms,  short  of  those  proposed  by  the  Senate ; 

21316  giving  them  to  understand  that  be  merely  received  such  propo- 

21317  sition  as  they  might  make,  with  a  view  to  transmit  it  for  the 

21318  consideration  of  the  President  and  Senate  of  the  United  States. 

21319  And  if  this  course  became  necessary  that  it  would  be  very  desira- 

21320  able  that  the  New  York  Indians  should  also  signify  their  ac- 

21321  ceptance  of  the  modifications  required  by  the  Meuominees. 

21322  And   whereas,  in   pursuance  of  the  said  instructions,  the 

21323  said  George  B.  Porter  proceeded  to  Green  Bay,  and  having  as- 

21324  sembled  all  the  chiefs  and  head-men  of  the  Menomiuee  Nation? 

21325  in  council,  submitted  to  them,  on  the  twenty-second  day  of  Oc- 

21326  tober,  A.  D.  one  thousand  eight  hundred  and  thirty-two,  the 

21327  said  proviso  annexed  to  the  resolution  aforesaid  of  the  Senate 

21328  of  the  United  States,  for  the  ratification  of  the  said  treaty ;  and 

21329  advised  and  urged  on  them  the  propriety  of  giving  their  assent  to 

21330  the  same.      And  the  said  chiefs  and  head-men  having  taken  time 

21331  to  deliberate  and  reflect  on  the  proposition  so  submitted  to  them, 

21332  and  which  they  had  been  urged  to  assent  to,  did  in  the  most 

21333  positive  and  decided  manner  refuse  to  give  their  assent  to  the 

21334  same.     (The  many  reasons  assigned  for  this  determination,  by 

21335  them,  being  reported  in  the  journal  of  the  said  commissioner, 

21336  which  will  be  transmitted  with  this  agreement.) 

21337  And  whereas,  after  failing  in  the  object  last  stated,  the  said 

21338  George  B.  Porter  endeavored  to  procure  the  assent  of  the  said 

21339  chiefs  and  head-men  of  the  Menoininee  Nation  to  the  best  prac- 

21340  ticable  terms   short  of  those  proposed  by  the  Senate  of  the 

21341  United  States ;  and  after  much  labor  and  pains,  entreaty  and 


478 

21342  persuasion,  the  said  Menominees  consented  to  the  following,  as 

21343  the  modifications  which  they  would  make ;  and  which  are  re- 

21344  dnced  to  writing,  in  the  form  of  an  agreement,  as  the  best  prac- 

21345  ticable  terms  which  could  be  obtained  from  them,  short  of  those 

21346  proposed  by  the  Senate  of  the  United  States,  which  they  had 

21347  previously  positively  refused  to  accede  to.     And  as  the  uiodifi- 

21348  cations  so  made  and  desired  have  been  acceded  to  by  the  New 

21349  York   Indians,  with  a  request  that  the  treaty  thus  modified 

2 1350  might  be  ratified  and  approved  by  the  President  and  the  Senate  of 

21351  the  United  States,  it  is  the  anxious  desire  of  the  Menominees, 

21352  also,  that  the  treaty,  with  these  alterations,  may  be  ratified  and 

21353  approved  without  delay,  that  they  may  receive  the  benefits  and 

21354  advantage  secured  to  them  by  the  several  stipulations  of  the 

21355  said  treaty,  of  which  they  have  so  long  been  deprived. 

21356  The  following  is  the  article  of  agreement  made  between  the 

21357  said  George  B.  Porter,  commissioner  on  the  part  of  the  United 

21358  States,  specially  appointed  as  aforesaid,  and  the  said  Menominee 

21359  Nation,  through  their  chiefs  and  head-men  on  the  part  of  their 

21360  Nation : 

21361  First.  The  said  chiefs  and  head- men  of  the  Menomiuee  Nation 

21362  of  Indians  do  not  object  to  any  of  the  matters  contained  in  the  pro- 

21363  visio  annexed  to  the  resolution  of  the  Senate  of  the  United  States, 

21364  so  far  as  the  same  relate  to  the  granting  of  three  townships  of  land 

21365  on  the  east  side  of  Winnebago  Lake,  to  the  Stockbridge,  Mun- 

21366  see,  and  Brothertown  tribes;  to  the  valuation  and  payment  for 

21367  their  improvements,  &c.,  (ending  writh  the  words  "and  ichich 

21368  lands  are  to  be  relinquished  by  said  Indians.")     They  therefore  as- 

21369  sent  to  the  same. 

21370  Second.  The  said  chiefs  and  head-men  of  the  Menominee 

21371  Nation  of  Indians,  objecting  to  all  the  matters  contained  in  the 

21372  said  proviso   annexed  to  the  resolution  of  the   Senate  of  the 

21373  United  States,  so  far  as  the  same  relate  to  the  running  of  a  new 

21374  line  parallel  to  the  south  western  boundary-line  or  course  Of  the  tract 

21375  of  five  hundred  thousand  acres,  described  in  the  first  article  of  the 

21376  treaty,  and  set  apart  for  the  New  York  Indians,  to  commence  at 

21377  a  point  on  the  southwestern  side  of  Fox  Kiver,  and  one  mile 

21378  above  the  Grand  Shute,  on  Fox  Kiver,  and  at  a  sufficient  dis- 

21379  tance  from  the  said  .boundary-line,  as  established  by  the  said 

21380  first  article,  as  shall  comprehend  the  additional  quantity  of  two 

21381  hundred  thousand  acres  of  land,  on  and  along  the  west  side  of 

21382  the  Fox  Kiver,  without  including  any  of  the  confirmed  private 

21383  land  claims,  on  the  Fox  Kiver,  to  compose  a  part  of  the  five 

21384  hundred  thousand  acres  intended  to  be  set  apart  for  the  Six 

21385  Nations  of  the  New  York  Indians  and  St.  "Regis  tribe,  agree,  in 

21386  lieu  of  this  proposition,  to  set  off  a  like  quantity  of  two  hundred 

21387  thousand  acres  as  follows:  The  said  Menominee  Nation  hereby 


479 

21388  agree  to  cede,  for  the  benefit  of  the  New  York  Indians  along  tbe 

21380  southwestern  boundary -line  of  the  present  five  hundred  thousand 

21390  acres  described  in  the  first  article  of  the  treaty  as  set  apart  for 

21391  the  New  York  Indians,  a  tract  of  land,  bounded  as  follows : 

21392  Beginning  on  the  said  treaty  line,  at  the  old  mill-dam  on  Fox 

21393  River,  and  thence  extending  up  along  Fox  River  to  the  little 

21394  Rapid  Croche;  from  thence  running  a  northwest  course  three 

21395  miles;  thence  on  a  line  running  parallel  with  the  several  courses 

21396  of  Fox  River,  and  three  miles  distant  from  the  river,  until  it 

21397  will  intersect  a  line,  running  on  a  northwest  course,  commencing 

21398  at  a  point  one  mile  above  the  Grand  Shute;  thence  on  aline 

21399  running  northwest,  so  far  as  will  be  necessary  to  include,  between 

21400  the  said  last  line  and  the  line  described  as  the  southwestern 

21401  boundary-line  of  the  five  hundred  thousand  acres  in  the  treaty 

21402  aforesaid,  the  quantity  of  two  hundred  thousand  acres;  and 

21403  thence  running  northeast  until  it  will  intersect  the  line  forming 

21404  the  southwestern  boundary-line  aforesaid ;  and  from  thence  along 

21405  the  said  line  to  the  old  mill-dam,  or  place  of  beginning;  contaiu- 
21400  ing  two  hundred   thousand   acres.     Excepting  and  reserving 

21407  therefrom  the  privilege  of  Charles  A.  Grignon,  for  erecting  a  mill 

21408  on  Apple  Creek,  &c.,  as  approved  by  the  Department  of  War  on 

21409  the  twenty-second  day  of  April  one  thousand  eight  hundred  and 

21410  thirty-one,  and  all  confirmed  private  land  claims  on  the  Fox 

21411  River.     The  lines  of  the  said  tract  of  land  so  granted  to  be  run, 

21412  marked,  and  laid  off  without  delay,  by  a  commissioner  to  be  ap- 

21413  pointed  b}^  the  President  of  the  United  States.    And  that  in  ex- 

21414  change  for  the  above,  a  quantity  of  land  equal  to  that  which  is 

21415  added  to  the  southwestern  side  shall  be  taken  off  from  the 
21410  northeastern  side  of  the  said  tract,  described  in  that  article,  on 

2 1417  the  Oconto  Creek,  to  be  run,  marked,  and  determined  by  tlie 

21418  commissioner  to  be  appointed  by  the  President  of  the  United 

21419  States,  as  aforesaid,  so  that  the  whole  number  of  acres  to  be 

21420  granted  to  the  Six  Nations  and  St.  Regis  tribe  of  Indians  shall 

21421  not  exceed  the  quantity  of  five  hundred  thousand  acres. 

21422  Third.  The  said  chiefs  and  head-men  of  the  MenomineeNa- 

21423  tion  agree,  that  in  case  the  said  original  treaty,  made  as  afore- 

21424  said,  and  the  supplemental  articles  thereto,  be  ratified  and  con- 

21425  firmed  at  the  ensuing  session  of  the  Senate  of  the  United  States, 
21420  with  the  modifications  contained  in  this  agreement,  that  each 

21427  and  every  article  thereof  shall  be  as  binding  and  obligatory  upon 

21428  the  parties,  respectively,  as  if  they  had  been  sanctioned  at  the 

21429  times  originally  agreed  upon. 

21430  In  consideration  of  the  above  voluntary  sacrifices  of  their 

21431  interest,  made  by  the  said  Meuominee  Nation,  and  as  evidence 

21432  of  the  good  feeling  of  their  Great  Father,  the  President  of  the 

21433  United  States,  the  said  George  B.  Porter,  commissioner  as  afore- 


480 

21434  said,  lias  delivered  to  the  said  chiefs,  head-men,  and  the  people 

21435  of  the  said  Meuoininee  Nation  here  assembled,  presents  in  cloth - 

21436  ing  to  the  amount  of  one  thousand  dollars,  five  hundred  bushels 

21437  of  corn,  ten  barrels  of  pork,  and  ten  barrels  of  flour,  &c.,  &c. 

21438  N.  B. — All  the  provisions  of  the  foregoing  treaty,  as  well 

21439  as  those  of  that  of  1831,  which  bind  the  United  States  to  pay 

21440  for  farmers,  blacksmiths,  millers,   &c.,  are  annulled  ;  as  also 

21441  those  in  regard  to  appropriations  for  education,  improvements 

21442  on  Fox  Kiver  and  Winnebago  Lake,  and  for  providing  cattle, 

21443  farming  utensils,  or  other  articles,   are  annulled  by   the  third 

21444  article  of  the  treaty  of  September  3,  1830,  proclaimed  Febru- 

21445  ary  15,  1837,  (page  483.) 

2144G  APPENDIX. 

21447  To  all  to  tchom  these  presents  shall  come,  the  undersigned,  chiefs 

21448  and  head-men  of  the  sundry  tribes  of  New  York  Indians,  (as 

21449  set  forth  in  the  specifications  annexed  to  their  signatures,)  send 

21450  greeting  : 

21451  Whereas  a  tedious,  perplexing,  and  harassing  dispute  and 

21452  controversy  have  long  existed  between  the  Menominee  Nation 

21453  of  Indians  and  the  New  York  Indians,  more  particularly  known 

21454  as  the  Stockbridge,  Munsee,  and  Brothertown  tribes,  the  Six  Na- 

21455  tions  and  St.  Eegis  tribe.  The  treaty  made  between  the  said  Meno- 

21456  miuee  Nation  and  the  United  States,  and  the  conditional  ratifica- 

21457  tiou  thereof  by  the  Senate  of  the  United  States,  being  stated  and 

21458  set  forth  in  the  within  agreement,  entered  into  between  the  chiefs 

21459  and  head-men  of  the  said  Menominees,  and  George  B.  Porter, 

21460  governor  of  Michigan,  commissioner  specially  appointed,  with 

21461  instructions  referred  to  in  the  said  agreement ; 

21462  And  whereas  the  undersigned  are  satisfied,  and  believe,  that 

21463  the  best  efforts  of  the  said  commissioner  were  directed  and  used 

21464  to  procure,  if  practicable,  the  unconditional  assent  of  the  said 

21465  Menominees  to  the  change  proposed  by  the  Senate  of  United 

21466  States  in  the  ratification  of  said  treaty,  but  without  success; 

21467  And  whereas  the  undersigned  further  believe  that  the  terms 

21468  stated  in  the  within  agreement  are  the  best  practicable  terms, 

21469  short  of  those  proposed  by  the  Senate  of  the  United  States,  which 

21470  could  be  obtained  from  the  said  Menomiuees  ;  and  being  asked  to 

21471  signify  our  acceptance  of  the  modifications  proposed  as  aforesaid 

21472  by  the  Menominees,  we  are  compelled,  by  a  sense  of  duty  and  pro- 

21473  priety,  to  say  that  we  do  hereby  accept  of  the  same.     So  far  as 

21474  the  tribes  to  which  we  belong  are  concerned,  we  are  perfectly 

21475  satisfied  that  the  treaty  should  be  ratified  on  the  terms  proposed 

21476  by  the  Menominees.    We  further  believe  that  the  tract  of  land 

21477  which  the  Menominees  in  the  within  agreement  are  willing  to 


481 

21478  cede,  in  exchange  for  an  equal  quantity  on  the  northeast  side  of 

21479  the  tract  of  fivre  hundred  thousand  acres,  contains  a  sufficient 

21480  quantity  of  good  land,  favorably  and  advantageously  situated, 

21481  to  answer  all  the  wants  of  the  New  York  Indians,  and  St.  Regis 

21482  tribe.     For  the  purpose,  then,  of  putting  an  end  to  strife,  and 

21483  that  we  may  all  sit  down  in  peace  and  harmony,  we  thus  signify 

21484  our  acceptance  of  the  modifications  proposed  by  the  Meuomi- 

21485  nees;  and  we  most  respectfully  request  that  the  treaty  as  now 

21486  modified  by  the  agreement  this  day  entered  into  with  the  Me- 

21487  nominees,  may  be  ratified  and  approved  by  the  President  and 

21488  Senate  of  the  United  States. 

21489  Proclaimed  March  13,  1835. 


21490 
21491 
21492 
21493 
21494 
21495 
21496 

21497 
21498 
21499 
21500 
21501 
21502 
21503 
21504 
21505 
21506 
21507 
21508 
21509 
21510 
21511 
21512 
21513 
21514 
21515 
21516 
21517 
21518 
21519 
21520 
21521 


Articles  of  agreement  made  and  concluded  at  Cedar  Point,  on  Fox 
River,  near  Green  Bay,  in  the  Territory  of  Wisconsin,  this 
third  day  of  September,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  thirty-six,  between  Henry  Dodge,  governor 
of  said  Territory  of  Wisconsin,  commissioner  on  the  part  of 
the  United  States,  on  the  one  part,  and  the  chiefs  and  head 
men  of  the  Menomonie  Nation  of  Indians  of  the  other  part. 

ARTICLE  1.  The  said  Menomonie  Nation  agree  to  cede  to 
the  United  States  all  of  that  tract  or  district  of  country  included 
within  the  following  boundaries,  viz  :  Beginning  at  the  mouth 
of  Wolf  River,  and  running  up  and  along  the  same  to  a  point 
on  the  north  branch  of  said  river  where  it  crosses  the  extreme 
north  or  rear  line  of  the  five  hundred  thousand  acre  tract  hereto 
fore  granted  to  the  New  York  Indians ;  thence  following  the  line 
last  mentioned,  in  a  northeastwardly  direction,  three  miles ; 
thence  in  a  northwardly  course,  to  the  upper  forks  of  the  Me- 
uomonie  River,  at  a  point  to  intersect  the  boundary-line  between 
the  Menomonie  and  Chippewa  Nation  of  Indians;  thence  follow 
ing  the  said  boundary-line  last  mentioned  in  an  eastwardly  di 
rection  as  defined  and  established  by  the  treaty  of  the  Little 
Bute  des  Mort,  in  1827,  to  the  Smooth  Rock  or  Shos-kin-aubie 
River ;  thence  down  the  said  river  to  where  it  empties  into  Green 
Bay,  between  the  Little  and  Great  Bay  de  Noquet;  thence  up 
and  along  the  west  side  of  Green  Bay  (and  including  all  the 
islands  therein  not  heretofore  ceded)  to  the  mouth  of  Fox  River; 
thence  up  and  along  the  said  Fox  River,  and  along  the  west 
side  of  Winnebago  Lake  (including  the  islands  therein)  to  the 
mouth  of  Fox  River,  where  it  empties  into  said  lake;  thence  up 
and  along  said  Fox  River  to  the  place  of  beginning,  (saving  and 
reserving  out  of  the  district  of  country  above  ceded  and  de 
scribed,  all  that  part  of  the  five  hundred  thousand  acre  tract 
granted  by  the  treaties  between  the  Meuomonies  and  the  United 
61  i  T 


482 

21522  States,  made  011  the  eighth  day  of  February,  A.  D.  1831,  and  on 

21523  the  twenty-seventh  day  of  October,  A.  D.  1832,  which  may  be 

21524  situated  within  the  boundaries  hereinbefore   described,)    the 

21525  quantity  of  land  contained  in  the  tract  hereby  ceded  being 

21526  estimated  at  about  four  millions  of  acres. 

21527  And  the  said  Meuouionie  Nation  do  further  agree  to  cede 

2 1528  and  relinquish  to  the  United  States  all  that  tract  or  district  of 

21529  country  lying  upon  the  Wisconsin  River  in  said  Territory,  and 

21530  included  within  the  following  boundaries,  viz :  Beginning  at  a 

21531  point  upon  said  Wisconsin  River,  two  miles  above  the  grant  or 

21532  privilege  heretofore  granted  by  said  nation   and  the  United 

21533  States  to  Amable  Grigiion;  thence  running  up  and  along  said 

21534  river  forty-eight  miles  in  a  direct  line,  and  being  three  miles  in 

21535  width  on  each  side  of  said  river ;  this  tract  to  contain  eight  towu- 

21536  ships  or  one  hundred  and  eighty-four  thousand  three  hundred 

21537  and  twenty  acres  of  land. 

21538  ARTICLE  2.  In  consideration  of  the  cession  of  the  aforesaid 

21539  tract  of  land,  the  United  States  agree  to  pay  to  the  said  Meno- 

21540  monie  Nation,  at  the  lower  end  of  Wah-ne-kun-nah  Lake  in  their 

21541  own  country,  or  at  such  other  place  as  may  be  designated  by  the 

21542  President  of  the  United  States,  the  sum  of  twenty  thousand 

21543  dollars  per  annum  for  the  term  of  twenty  years. 

21544  The  United  States  further  agree  to  pay  and  deliver  to  the 

21545  said   Indians,  each   and  every  year   during  the  said  term   of 

21546  twenty  years,  the  following  articles :  Three  thousand  dollars' 

21547  worth  of  provisions;  two  thousand  pounds  of  tobacco;  thirty 

21548  barrels  of  salt;  also  the  sum  of  five  hundred  dollars  per  year 

21549  during  the  same  term,  for  the  purchase  of  fanning  utensils, 

21550  cattle,  or  implements  of  husbandry,  to  be  expended  under  the 

21551  direction  of  the  superintendent  or  agent.    Also  to  appoint  and 

21552  pay  two  blacksmiths,  to  be  located  at  such  places  as  may  be 

21553  designated  by  the  said  superintendent  or  agent,  to  erect  (and 

21554  supply  with  the  necessary  quantity  of  iron,  steel,  and  tools)  two 

21555  blacksmith-shops,  during  the  same  term. 

21556  The  United  States  shall  also  pay  the  just  debts  of  the  said 

21557  Menomonie  Indians,  agreeably  to  the  schedule  hereunto  annexed, 

21558  amounting  to  the  sum  of  ninety-nine  thousand  seven  hundred 

21559  and  ten  dollars  and  fifty  cents:  Provided,  always,  That  no  part 

21560  or  portion  of  said  debts  shall  be  paid  until  the  validity  and 

21561  justice  of  each  of  them  shall  have  been  inquired  into  by  the 

21562  superintendent  of  Indian  affairs,  who  shall  in  no  instance  in 

21563  crease  the  amount  specified  in  said  schedule,  but  who  shall  allow 

21564  the  sum  specified,  reject  it  entirely,  or  reduce  it  as  upon  exami- 

21565  nation  and  proof  may  appear  just;  and  if  any  part  of  said  sum 

21566  is  left,  after  paying  said  debts  so  adjudged  to  be  just,  then  such 

21567  surplus  shall  be  paid  to  the  said  Indians  for  their  own  use. 


483 


21568 
21560 
21570 
21571 
21572 
21573 
21571 
21575 
21576 
21577 
21578 
21579 
21580 
21581 
21582 
21583 
21581 
21585 
21586 
21587 
21588 
21589 
21590 
21591 
21592 
21593 
21594 
21595 
21596 
21597 
21598 
21599 
21600 
21601 
21602 
21603 
21601 
21605 
21606 
21607 
21608 
21609 

21610 

21611 
21612 
21613 


And  whereas  the  said  Indians  are  desirous  of  making  some 
provision  and  allowance  to  their  relatives  and  friends  of  mixed 
blood,  the  United  States  do  further  agree  to  pay  the  sum  of 
eighty  thousand  dollars,  to  be  divided  among  all  such  persons 
of  mixed  blood  as  the  chiefs  shall  hereafter  designate ;  said  sum 
to  be  apportioned  and  divided  under  the  direction  of  a  commis 
sioner  to  be  appointed  by  the  President :  Provided,  always,  That 
no  person  shall  be  entitled  to  any  part  of  said  fund  unless  he  is 
of  Indian  descent  and  actually  resident  within  the  boundaries 
described  in  the  first  article  of  this  treaty;  nor  shall  anything 
be  allowed  to  any  such  person  who  may  have  received  any 
allowance  under  any  previous  treaty.  The  portions  of  this  fund 
allowed  by  the  commissioner  to  those  half-breeds  who  are 
orphans,  or  poor  or  incompetent  to  make  a  proper  use  thereof, 
shall  be  paid  to  them  in  instalments  or  otherwise,  as  the  Presi 
dent  may  direct. 

ARTICLE  3.  The  said  Meuoinonie  Nation  do  agree  to  release 
the  United  States  from  all  such  provisions  of  the  treaty  of  1831 
and  1832,  aforesaid,  as  requires  the  payment  of  farmers,  black 
smiths,  millers,  &c.  They  likewise  relinquish  all  their  right 
under  said  treaty  to  appropriation  for  education,  and  to  all  im 
provements  made  or  to  be  made  upon  their  reservation  on  Fox 
Kiver  and  Winnebago  Lake,  together  with  the  cattle,  farming 
utensils  or  other  articles  furnished  or  to  be  furnish [edj  to  them 
under  said  treaty.  And  in  consideration  of  said  release  and 
relinquishment,  the  United  States  stipulate  and  agree  that  the 
sum  of  seventy-six  thousand  dollars  shall  be  allowed  to  the  said 
Indians,  and  this  sum  shall  be  invested  in  some  safe  stock,  and  the 
interest  thereof  as  it  accrues  shall  also  be  so  vested  until  such 
time  as  in  the  judgment  of  the  President  the  income  of  the 
aggregate  sum  can  be  usefully  applied  to  the  execution  of  the 
provisions  in  the  said  fourth  article,  or  to  some  other  purposes 
beneficial  to  the  said  Indians. 

ARTICLE  4.  The  above  annuities  shall  be  paid  yearly  and 
every  year  during  the  said  term,  in  the  month  of  June  or  July, 
or  as  soon  thereafter  as  the  amount  shall  be  received ;  and  the 
said  Menomonie  Nation  do  agree  to  remove  from  the  country 
ceded  within  one  year  after  the  ratification  of  this  treaty. 

This  treaty  shall  be  binding  and  obligatory  on  the  contract 
ing  parties  as  soon  as  the  same  shall  be  ratified  by  the  President 
and  Senate  of  the  United  States. 

Proclaimed  February  15,  1837. 

SCHEDULE. 

It  is  agreed  on  the  part  of  the  United  States,  that  the  follow 
ing  claims  shall  be  allowed  and  paid,  agreeably  to  the  second 
article  of  the  foregoing  treaty,  viz : 


484 

21614  To  John  Lawe,  twelve  thousand  five  hundred  dollars. 

21615  To  Augustine  Grignon,  ten  thousand  dollars. 

21616  To  William  Powell  and  Robert  Grignon,  four  thousand  two 

21617  hundred  and  fifty  dollars. 

21618  To  Charles  A.  Grignon,  ten  thousand  dollars. 

21619  To  John  Lawe  &  Co.,  six  thousand  dollars. 

21620  To  Walter  T.  Webster,  one  hundred  dollars. 

21621  To  John  P.  Arndt,  five  hundred  and  fifty  dollars. 

21622  To  William  Farnsworth  and  Charles  R.  Brush,  two  thousand 

21623  five  hundred  dollars. 

21624  To  James  Porlier,  seven  thousand  five  hundred  dollars. 

21625  To  heirs  of  Louis  Beaupre,  one  thousand  five  hundred  dollars. 

21626  To  Dorainick  Brunette,  two  hundred  and  thirty-one  dollars 

21627  and  fifty  cents. 

21628  To  Alexander  J.  Irwin,  one  thousand  two  hundred  and  fifty 

21629  dollars. 

21630  To  American  Fur  Company  (western  outfit)  four  hundred 

21631  dollars.  41 

21632  To  Charles  Griguon,  one  thousand  two  hundred  dollars. 

21633  To  Joseph  Rolette,  one  thousand  seven  hundred  and  fifty 

21634  dollars. 

21635  To  Charles  A.  and  Alexander  Grignon,  seven  hundred  and 

21636  fifty  dollars. 

21637  To  James  Reed,  seven  hundred  dollars. 

21638  To  Peter  Powell,  one  thousand  seven  hundred  and  fifty 

21639  dollars. 

21640  To  Paul  Grignon,  five  thousand  five  hundred  dollars. 

21641  To  William  Dickinson,  three  thousand  dollars. 

21642  To  Robert  M.  Eberts,  seventy-four  dollars. 

21643  To  Joseph  Jourdain,  fifty  dollars. 

21644  To  James  Knaggs,  five  hundred  and  fifty  dollars,  ($550.) 

21645  To  Ebenezer  Childs,  two  huudred  dollars. 

21646  To  Lewis  Rouse,  five  thousand  dollars. 

2L647  To  William  Farnsworth,  two  thousand  five  hundred  dollars. 

21648  To  Saral.  Irwin  &  Geo.  Boyd,  jr.,  one  hundred  and  five 

21649  dollars. 

21650  To  Aneyas  Grignon,  two  thousand  five  hundred  dollars. 

21651  To  Pierre  Grignon,  deceased,  by  Rob.  &  Peter  B.  Grignon, 

21652  six  thousand  dollars. 

21653  To  Stanislius  Chappue,  one  hundred  dollars. 

21654  To  John  Lawe,  one  thousand  two  hundred  dollars. 

21655  To  William  Dickinson,  two  hundred  and  fifty  dollars, 

21656  To  Stanislius  Chappue,  two  thousand  five  hundred  dollars. 

21657  To  Lewis  Grignon,  seven  thousand  two  hundred  and  fifty 

21658  dollars. 


485 


21659 
21660 
21661 
21662 
21663 
21664 

21665 
21666 
21667 
21668 
21669 
21670 
21671 
21672 
2L673 
21674 
21675 
21676 
21677 
21678 
21679 
21680 
21681 
21682 
21683 
21684 
21685 
21686 
21687 
21688 
21689 
21690 
21691 
21692 
21693 
21694 
21695 
21696 
21697 
21698 
21699 
21700 
21701 
21702 
21703 


Articles  of  a  treaty  made  and  concluded  at  Lake  Pow-aw-hay-Jcon- 
nay,  in  the  State  of  Wisconsin,  on  the  eighteenth  day  of  October, 
one  thousand  eight  hundred,  and  forty-eight,  between  the 
United  States  of  America,  by  William  Medill,  a  commissioner 
duly  appointed,  for  that  purpose,  and  the  Menomonee  tribe  of 
Indians,  by  the  chiefs,  head-men,  and  warriors  of  said  tribe. 

ARTICLE  1.  It  is  stipulated  and  solemnly  agreed  that  the 
peace  and  friendship  now  so  happily  subsisting  between  the 
Government  and  people  of  the  United  States  ami  the  Menomo 
nee  Indians  shall  be  perpetual. 

ARTICLE  2.  The  said  Menomonee  tribe  of  Indians  agree  to 
cede,  and  do  hereby  cede,  sell,  and  relinquish  to  the  United 
States  all  their  lands  in  the  State  of  Wisconsin,  wherever  situ 
ated. 

ARTICLE  3.  In  consideration  of  the  foregoing  cession,  the 
United  States  agree  to  give,  and  do  hereby  give,  to  said  Indians 
for  a  home,  to  be  held  as  Indians'  lands  are  held,  all  that  coun 
try  or  tract  of  land  ceded  to  the  said  United  States  by  the  Chip- 
pewa  Indians  of  the  Mississippi  and  Lake  Superior,  in  the  treaty 
of  August  2, 1847,  and  the  Pillager  baud  of  Chippewa  Indians, 
in  the  treaty  of  August  21,  1847,  which  may  not  be  assigned  to 
the  Winuebago  Indians,  under  the  treaty  with  that  tribe  of 
October  13,  1846,  and  which  is  guarantied  to  contain  not  less 
than  six  hundred  thousand  acres. 

ARTICLE  4.  In  further  and  full  consideration  of  said  ces 
sion,  the  United  States  agree  to  pay  the  sum  of  three  hundred 
and  fifty  thousand  dollars,  at  the  several  times,  in  the  manner, 
and  for  the  purposes  following,  viz  : 

To  the  chiefs,  as  soon  after  the  same  shall  be  appropriated 
by  Congress  as  may  be  convenient,  to  enable  them  to  arrange 
and  settle  the  affairs  of  their  tribe  preparatory  to  their  removal 
to  the  country  set  apart  for  and  given  to  them  as  above,  thirty 
thousand  dollars. 

To  such  persons  of  mixed  blood,  and  in  such  proportion  to 
each  as  the  chiefs  in  council,  and  a  commissioner  to  be  appointed 
by  the  President,  shall  designate  and  determine,  and  as  soon 
after  the  appropriation  thereof  as  maybe  found  practicable  and 
expedient,  forty  thousand  dollars. 

In  such  manner  and  at  such  times  as  the  President  shall 
prescribe,  in  consideration  of  their  removing  themselves,  which 
they  agree  to  do,  without  further  cost  or  expense  to  the  United 
States,  twenty  thousand  dollars. 

In  such  manner  and  at  such  times  as  the  President  shall 
prescribe,  in  consideration  of  their  subsisting  themselves  the 
first  year  after  their  removal,  which  they  agree  to  do,  without 


486 

21704  further  cost  or  expense  on  the  part  of  the  United  States,  twenty 

21705  thousand  dollars. 

21706  To  be  laid  out  and  applied,  under  the  direction  of  the  Pres 

21707  ideut,  in  the  establishment  of  a  manual-labor  school,  the  erection 

21708  of  a  grist  and  saw  mill,  and  other  necessary  improvements  in 
21700  their  new  country,  fifteen  thousand  dollars. 

21710  To  be  laid  out  and  applied,  under  the  direction  of  the  Pres- 

21711  ident,  in  procuring  a:  suitable  person  to  attend  and  carry  on  the 

21712  said  grist  and  saw  mill  for  a  period  of  fifteen  years,  nine  thou- 

21713  sand  dollars. 

21714  To  be  laid  out  and  applied,  under  the  direction  of  the  Pres- 

21715  ident,  in  continuing  and  keeping  up  a  blacksmith's  shop,  and 

21716  providing  the  usual  quantity  of  iron  and  steel  for  the  use  and 

21717  benefit  of  said  tribe,  for  a  period  of  twelve  years,  commencing 

21718  with  the  year  one  thousand  eight  hundred  and  fifty-seven,  and 

21719  when  all  provision  for  blacksmiths'  shops  under  the  treaty  of 

21720  1836  shall  cease,  eleven  thousand  dollars. 

21721  To  be  set  apart,  applied,  and  distributed  under  the  direction 

21722  of  the  President,  in  payment  of  individual  improvements  of  the 

21723  tribe  upon   the  lands  above  ceded   to  the  United  States,  five 

21724  thousand  dollars. 

21725  And  the  balance,  amounting  to  the  sum  of  two  hundred 

21726  thousand  dollars,  to  be  paid  over  to  the  tribe,  as  Indian  annui- 

21727  ties  are  required  to  be  paid,  in  ten  equal  annual  instalments, 

21728  commencing  with   the  year  one  thousand  eight  hundred  and 

21729  fifty-seven,  and  when  their  annuities  or  annual  instalments  un- 

21730  der  the  treaty  of  J836  shall  have  ceased. 

21731  ARTICLE  5.  It  is  stipulated  and  agreed  that  the  sum  now 

21732  invested  in  stocks  under  the  Senate's  amendment  to  the  treaty 

21733  of  1836,  with  the  interest  due  thereon  at  this  time,  shall  be  and 

21734  remain  invested,  under  the  direction  of  the  President,  and  that 

21735  the  interest  hereafter  arising  therefrom  shall  be  disposed  of  .as 

21736  follows:  that  is  to  say,  so  much  thereof  as  may  be  necessary  to 

21737  the  support  and  maintenance  of  the  said  manual-labor  school,  and 

21738  other  means  of  education,   and  the  balance  be  annually  paid 

21739  over  in  money  as  other  annuities,  or  applied  for  the  benefit  and 

21740  improvement  of  said    tribe,  as  the  President,  on  consultation 

21741  with  the  chiefs,  may  from  time  to  time  determine. 

21742  ARTICLE  6.  To  enable  the  said  Indians  to  explore  and  ex- 

21743  amine  their  new  country,  and  as  an  inducement  to  an  early  re- 

21744  moval  thereto,  it  is  agreed  that  the  United  States  will  pay  the 

21745  necessary  expenses  of  a  suitable  delegation,  to  be  selected  for 

21746  that  purpose,  under  the  direction  of  the  President. 

21747  ARTICLE  7.  It  is  alleged  that  there  were  less  goods  deliv- 

21748  ered  to  the  said  Indians  at  the  annuity  payment  of  1837  than 

21749  were  due  and  required  to  be  paid  and  delivered  to  them  under 


487 


21750 
21751 
21752 
21753 
21754 
21755 
21756 
21757 
21758 
21759 
21760 
21761 
21762 
21763 
21764 
21765 
21766 
21767 
21768 

21769 
21770 
21771 

21772 
21773 
21774 
21775 
21776 
21777 
21778 
21779 
21780 
21781 
21782 
21783 
21784 
21785 
21786 
21787 
21788 
21780 
21790 
21791 
21792 
21793 


the  stipulations  of  their  treaties  with  the  United  States  then  in 
force;  and  it  is  therefore  agreed  that  the  subject  shall  be  prop 
erly  investigated,  and  that  full  indemnity  shall  be  made  to  them 
for  any  loss  which  they  may  be  shown  to  have  sustained. 

ARTICLE  8.  It  is  agreed  that  the  said  Indians  shall  be  per 
mitted,  if  they  desire  to  do  so,  to  remain  on  the  lands  hereby 
ceded  for  and  during  the  period  of  two  years  from  the  date 
hereof,  and  until  the  President  shall  notify  them  that  the  same 
are  wanted. 

ARTICLE  9.  It  is  stipulated  that  Kobert  Grigon,  who  has 
erected  a  saw-mill  upon  the  Little  Wolf  Kiver  at  his  own  expense, 
for  the  benefit  and  at  the  request  of  said  Indians,  shall  have  the 
right  of  a  pre-emptor  to  the  lands  upon  which  such  improve 
ments  are  situated,  not  exceeding  in  quantity  on  both  sides  of 
said  river  one  hundred  and  sixty  acres. 

ARTICLE  10.  This  treaty  to  be  binding  on  the  contracting 
parties  as  soon  as  it  is  ratified  by  the  President  and  Senate  of 
the  United  States. 

Katified  January  23,  1849. 

FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 
to  all  and  singular  to  whom  these  presents  shall  come, 
greeting : 

Whereas  a  treaty  was  made  and  concluded  at  the  Falls  of 
Wolf  Kiver,  in  the  State  of  Wisconsin,  on  the  twelfth  day  of 
May,  one  thousand  eight  hundred  and  fifty-four,  between  the 
United  States  of  America,  by  Francis  Huebschmann,  superin 
tendent  of  Indian  affairs,  duly  authorized  thereto,  and  the  Me- 
nomonee  tribe  of  Indians,  by  the  chiefs,  head-men,  and  warriors 
of  said  tribe,  such  articles  being  supplementary  and  amenda 
tory  to  the  treaty  made  between  the  United  States  and  said 
tribe  on  the  eighteenth  day  of  October,  one  thousand  eight 
hundred  and  forty-eight;  which  treaty  is  in  the  words  follow 
ing,  to  wit : 

Articles  of  agreement  made  and  concluded  at  the  Falls  of 
Wolf  Kiver,  in  the  State  of  Wisconsin,  on  the  twelfth  day 
of  May,  one  thousand  eight  hundred  and  fifty- four,  between 
the  United  States  of  America,  by  Francis  Huebschmann, 
superintendent  of  Indian  affairs,  duly  authorized  thereto, 
and  the  Menonionee  tribe  of  Indians,  by  the  chiefs,  head 
men,  and  warriors  of  said  tribe,  such  articles  being  sup. 
plementary  and  amendatory  to  the  treaty  made  between  the 
United  States  and  said  tribe  on  the  eighteenth  day  of  Octo 
ber,  one  thousand  eight  hundred  and  forty-eight. 
Whereas,  among  other  provisions  contained  in  the  treaty  in 


488 


21794 
21795 
21796 
21797 
21798 
21799 
21800 
21801 
21802 
21803 
21804 
21805 
2180G 
21807 
21808 
21809 
21810 
21811 
21812 
21813 
21814 
21815 
21816 
21817 
21818 
21819 
21820 
21821 
21822 
21823 
21824 
21825 
21826 
21827 
21828 
21829 
21830 
21831 
21832 
21833 
21834 
21835 
21836 
21837 
21838 
21839 


the  caption  mentioned,  it  is  stipulated  that  for  and  in  considera 
tion  of  all  the  lands  owned  by  the  Menomonees,  in  the  State  of 
Wisconsin,  wherever  situated,  the  United  States  should  give 
them  all  that  country  or  tract  of  land  ceded  by  the  Chippewa 
Indians  of  the  Mississippi  and  Lake  Superior,  in  the  treaty  of 
the  second  of  August,  eighteen  hundred  and  forty-seven,  and 
by  the  Pillager  band  of  Chippewa  Indians  in  the  treaty  of  the 
twenty-first  of  August,  eighteen  hundred  and  forty-seven,  which 
had  not  been  assigned  to  the  Winnebagoes,  guarantied  not  to 
contain  less  than  six  hundred  thousand  acres  5  should  pay  them 
forty  thousand  dollars  for  removing  and  subsisting  themselves  ; 
should  give  them  fifteen  thousand  dollars  for  the  establishment 
of  a  manual-labor  school,  the  erection  of  a  grist  and  saw  mill, 
and  for  other  necessary  improvements  in  their  new  country ; 
should  cause  to  be  laid  out  and  expended  in  the  hire  of  a  miller, 
for  the  period  of  fifteen  years,  nine  thousand  dollars ;  and  for 
continuing  aud  keeping  up  a  blacksmith  shop  and  providing  iron 
and  steel  for  twelve  years,  commencing  on  the  first  of  January, 
eighteen  hundred  and  fifty-seven,  eleven  thousand  dollars. 

And  whereas,  upon  manifestation  of  great  unwillingness  on 
the  part  of  said  Indians  to  remove  to  the  country  west  of  the 
Mississippi  River,  upon  Crow  Wing,  which  had  been  assigned 
them,  and  a  desire  to  remain  in  the  State  of  Wisconsin,  the 
President  consented  to  their  locating  temporarily  upon  the  Wolf 
and  Oconto  Rivers  : 

Now,  therefore,  to  render  practicable  the  stipulated  pay 
ments  herein  recited,  and  to  make  exchange  of  the  lands  given 
west  of  the  Mississippi  for  those  desired  by  the  tribe,  and  for 
the  purpose  of  giving  them  the  same  for  a  permanent  home, 
these  articles  are  entered  into. 

ARTICLE  1.  The  said  Menomonee  tribe  agree  to  cede,  and 
(Jo  hereby  cede,  sell,  and  relinquish  to  the  United  States  all  the 
lands  assigned  to  them  under  the  treaty  of  the  eighteenth  of 
October,  eighteen  hundred  and  forty-eight. 

ARTICLE  2.  In  consideration  of  the  foregoing  cession  the 
United  States  agree  to  give,  and  do  hereby  give,  to  said  Indians 
for  a  home,  to  be  held  as  Indian  lands  are  held,  that  tract  of 
country  lying  upon  the  Wolf  River,  in  the  State  of  Wisconsin, 
commencing  at  the  southeast  corner  of  township  28  north,  of 
range  16  east,  of  the  fourth  principal  meridian,  running  west 
twenty-four  miles,  thence  north  eighteen  miles,  thence  east 
twenty-four  miles,  thence  south  eighteen  miles,  to  the  place  of 
beginning,  the  same  being  townships  28,  29,  and  30.  of  ranges 
13,  14,  15,  and  16,  according  to  the  public  surveys. 

ARTICLE  3.  The  United  States  agree  to  pay,  to  be  laid  out 
and  applied  under  the  direction  of  the  President  at  the  said  loca- 


489 

21840  tion,  in  the  establishment  of  a  manual-labor  school,  the  erection 

21841  of  a  grist  and  saw  mill,  and  other  necessary  improvements,  fifteen 

21842  thousand  dollars  ;  in  procuring  a  suitable  person  to  attend  and 

21843  carry  on  the  said  grist  and  saw  mill  for  a  period  of  fifteen  years, 

21844  nine  thousand  dollars;  in  continuing  and  keeping  up  a  black- 

21845  smith  shop  and  providing  the  usual  quantity  of  iron  and  steel 
2184G  for  the  use  of  said  tribe  for  a  period  of  twelve  years,  commencing 

21847  with  the  year  eighteen  hundred  and  fifty-seven,  eleven  thousand 

21848  dollars ;  and  the  United  States  further  agree  to  pay  the  said 

21849  tribe,  to  be  applied  under  the  direction  of  the  President,  in  such 

21850  manner  and  at  such  times  as  he  may  deem  advisable,  for  such 

21851  purposes  and  uses  as  in  his  judgment  will  best  promote  the  im- 

21852  provement  of  the  Menomonees,  the  forty  thousand  dollars  stipu- 

21853  lated  to  be  applied  to  their  removal  and  subsistence  west  of  the 

21854  Mississippi.     It  being  understood  that  all  other  beneficial  stipu- 

21855  lations  in  said  treaty  of  1848  are  to  be  fulfilled  as  therein  pro- 
2185G  vided. 

21857  ARTICLE  4.    In  consideration  of  the  difference  in  extent 

21858  between  the  lands  hereby  ceded  to  the  United  States  and  the 

21859  lands  given  in  exchange,  and  for  and  in  consideration  of  the 

21860  provisions  hereinbefore  recited,  and  of  the  relinquishment  by 
218G1  said  tribe  of  all  claims  set  up  by  or  for  them,  for  the  difference 
218G2  in  quantity  of  lands  supposed  by  them  to  have  been  ceded  in  the 
218G3  treaty  of  eighteenth  of  October,  eighteen  hundred  and  forty-eight, 
218G4  and  what  was  actually  ceded,  the  United  States  agree  to  pay  said 
21865  tribe  the  sum  of  two  hundred  and  forty-two  thousand  six  hun- 
2186G  dred  and  eighty-six  dollars,  in  fifteen  annual  instalments,  com- 

21867  mencing  with  the  year  1867,  each  instalment  to  be  paid  out  and 

21868  expended  under  the  direction  of  the  President  of  the  United 

21869  States,  and  for  such  objects,  uses,  and  purposes  as  he  shall 

21870  judge  necessary  and  proper  for  their  wants,  improvement,  and 

21871  civilization. 

21872  ARTICLE  5.  It  is  further  agreed  that  all  expense  incurred 

21873  in  negotiating  this  treaty  shall  be  paid  by  the  United  States. 

21874  ARTICLE  6.  This  treaty  to  be  binding  on  the  contracting 

21875  parties  as  soon  as  it  is  ratified  by  the  President  and  Senate  of 

21876  the  United  States,  and  assented  to  by  Osh-kosh  and  Ke-she-nah, 

21877  chiefs  of  said  tribe. 

-% 

21878  Proclaimed  August  2,  1854. 

21879  FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 

21880  to  all  and  singular  to  whom  these  presents  shall  come, 

21881  greeting: 

21882  Whereas  a  treaty  was  made  and  concluded  at  Kesheua, 

21883  State  of  Wisconsin,  on  the  eleventh  day  of  February,  one  thou- 

21884  sand  eight  hundred  and  fifty-six,  between  Francis  Huebschmann, 

62  i  T 


490 

21885  commissioner  on  the  part  of  the  United  States,  and  the  Menomo- 

21886  nee  tribe  of  Indians,  assembled  in  general  council,  which  treaty 

21887  is  in  the  words  and  figures  following,  to  wit : 

21888  Whereas  a  treaty  was  entered  into  at  Stockbridge,  in  the 

21889  State  of  Wisconsin,  on  the  fifth  of  the  present  month,  between 

21890  the  United  States  of  America  on  the  one  part,  and  the  Stock  - 

21891  bridge  and  Munsee  tribes  of  Indians  on  the  other,  stipulating 

21892  that  a  new  home  shall  be  furnished  to  the  said  Stockbridge  and 

21893  Munsee  Indians,  near  the  south  line  of  the  Menomonee  reserva- 

21894  tion;  and 

21895  Whereas  the  United  States  desire  to  locate  said  Stockbridges 
21890  and  Munsees  near  the  said  line  in  the  western  part  of  the  said 

21897  reservation,  on  lauds  on  which  no  permanent  settlements  have 

21898  been  made  by  the  Menonionees;  and 

21899  Whereas  there  is  no  objection  on  the  part  of  the  Menomo- 

21900  nees  to  the  location  of  the  Stockbridges  and  Munsees  in  their 

21901  neighborhood :   Therefore  this  agreement  and  convention  has 

21902  been  entered  into : 

21903  Articles  of  agreement  made  and  concluded  at  Keshena,  State  of 

21904  Wisconsin,  on  the  eleventh  day  of  February,  in  the  year  of 

21905  our  Lord  eighteen  hundred  and  fifty-six,  between  Francis 
2190G  Iluebschmann,  commissioner  on  the  part  of  the  United 

21907  States,  and  the  Menomonee  tribe  of  Indians,  assembled  in 

21908  general  council. 

21909  ARTICLE  1.  The  Meuomouee  tribe  of  Indians  cede  to  the 

21910  United  States  a  tract  of  laud,  not  to  exceed  two  townships  in 

21911  extent,  to  be  selected  in  the  western  part  of  their  present  reser- 

21912  ration,  on  its  south  line,  and  not  containing  any  permanent 

21913  settlements  made  by  any  of  their  number,  for  the  purpose  of 

21914  locating  thereon  the  Stockbridge  and  Munsee  Indians,  and  such 

21915  others  of  the  New  York  Indians  as  the  United  States  may  desire 

21916  to  remove  to  the  said  location  within  two  years  from  the  ratifi- 

21917  cation  hereof. 

21918  ARTICLE  2.  The  United  States  agree  to  pay  for  the  said 

21919  cession,  in  case  the  said  New  York  Indians  will  be  located  on 

21920  the  said  lands,  at  the  rate  of  sixty  cents  per  acre ;  and  it  is 

21921  hereby  stipulated  that  the  monies  so  to  be  paid  shall  be  expended 

21922  in  a  like  manner,  to  promote  the  improvement  of  the  Menom- 

21923  ouees,  as  is  stipulated  by  the  third  article  of  the    treaty  of 

21924  May  twelfth,  eighteen  hundred  and  fifty-four,  for  the  expeudi- 

21925  ture  of  the  forty  thousand  dollars  which  had  been  set  aside  for 

21926  their  removal  and  subsistence,  west  of  the  Mississippi,  by  the 

21927  treaty  of  October  eighteenth,  eighteen  hundred  and  forty-eight. 

21928  ARTICLE  3.  To  promote  the  welfare  and  the  improvement 

2 1929  of  the  said  Menomonees,  and  friendly  relations  between  them 

21930  and  the  citizens  of  the  United  States,  it  is  further  stipulated— 


491 

21931  1.  That  in  case  this  agreement  arid  the  treaties   made  pre- 
21932  viously  with  the  Menomonees  should  prove  insufficient,  from 

21933  causes  which  cannot  now  been  [bej  foreseen,  to  effect  the  said 

21934  objects,  the  President  of  the  United  States  may,  by  and  with 

21935  the  advice  and  consent  of  the  Senate,  adopt  such  policy  in  the 

21936  management  of  the  affairs  of  the  Menomonees  as  in  his  judgment 

21937  may  be  most  beneficial  to  them;  or  Congress  may,  hereafter, 

21938  make  such  provision  by  law  as  experience  shall  prove  to  be 

21939  necessary. 

21940  2.  That  the  Menomonees  will  suppress  the  use  of  ardent 

21941  spirits  among  their  people,  and  resist,  by  all  prudent  means,  its 

21942  introduction  in  their  settlements. 

21943  3.  That  the  President  of  the  United  States,  if  deemed  by 

21944  him  conducive  to  the  welfare  of  the  Menomonees,  may  cause 

21945  their  annuity  monies  to  be  paid  to  them  in  semi-annual  or  quar- 

21946  terly  instalments. 

21947  4.  That  all  roads  and  highways,  laid  out  by  authority  of 

21948  law,  shall  have  right  of  way  through  the  lands   of  the   said 

21949  Indians  on  the  same  terms  as  are  provided  by  law  for  their  lo- 

21950  cation  through  lands  of  citizens  of  the  United  States. 

21951  ARTICLE  4.  This  instrument  shall  be  binding  upon  the  con- 

21952  tractiug  parties  whenever  the  same  shall  be  ratified  by  the  Pres- 

21953  ident  and  Senate  of  the  United  States. 

21954  Proclaimed  24th  April,  1856. 


21955 


MIAMIS. 


21956  Articles  of  a  treaty  made  and  concluded  at  St.  Martfs,  in  the  State 

21957  of  Ohio,  betiueen  Jonathan  Jennings,  Leicis  Cass,  and  Benja- 

21958  min  ParJce,  commissioners  of  the  United  States,  and  theMiame 

21959  Nation  of  Indians. 

21960  ARTICLE  1.  The  Miami  Nation  of    Indians"  cede  to   the 

21961  United  States  the  following  tract  of  country  :  Beginning  at  the 

21962  Wabash  River,  where  the  present  Indian  boundary-line  crosses 

21963  the  same,  near  the  mouth  of  Raccoon  Creek ;  thence   up  the 

21964  Wabash  River,  to  the  reserve  at  its  head,  near  Fort  Wayne  j 

21965  thence  to  the  reserve  at  Fort  Wayne ;  thence,  with  the  lines 

21966  thereof,  to  the  St.  Mary's  River ;  thence  up  the  St.  Mary's  River 

21967  to  the  reservation  at  the  portage;  thence,  with  the  line  of  the 

21968  cession  made  by  the  Wyaudot  Nation  of  Indians  to  the  United 

21969  States,  at  the  foot  of  the  Rapids  of  the  Miami  of  Lake  Erie,  on 

21970  the  29th  day  of  September,  in  the  year  of  our  Lord  one  thou- 

21971  sand  eight  hundred  and  seventeen,  to  the  reservation  at  Lora* 


492 

21972  mie's  store  5  thence,  with  the  present  Indian  boundary -line,  to 

21973  Fort  Recovery;  and  with  the  said  line,  following  the  courses 

21974  thereof,  to  the  place  of  beginning. 

21975  ARTICLE  2.  From  the  cession  aforesaid  the  following  reser- 

21976  vations,  for  the  use  of  the  Miami  Nation  of  Indians,  shall  be 

21977  made :    One  reservation,  extending  along  the  Wabash  River, 

21978  from  the  mouth  of  Salamauie  River,  to  the  mouth  of  Eel  River, 

21979  and  from  those  points,  running  due  south,  a  distance  equal  to 

21980  a  direct  line  from  the  mouth  of  Salamanie  River  to  the  mouth 

21981  of  Eel  River.     One  other  reservation  of  two  miles  square,  on  the 

21982  river  Salamanie,  at  the  mouth  of  Atchepongqwawe  Creek.    One 

21983  other  reservation  of  six  miles  square,  on  the  Wabash  River, 

21984  below  the  forks  thereof.     One  other  reservation  of  ten  miles 

21985  square,  opposite  the  mouth  of  the  river  A  Bouette.     One  other 

21986  reservation  of  ten  miles   square,  at  the  village  on  Sugar  Tree 

21987  Creek.     One  other  reservation  of  two  miles  square,  at  the  mouth 
219^  of  a  creek  called   Flat  Rock,  where   the  road  to  White  River 

21989  crosses  the  same. 

21990  ARTICLE  3.  The  United  States  agree  to  grant,  by  patent, 

21991  in  fee-simple,  to  Jean  Bapt.  Richardville,  principal  chief  of  the 

21992  Miami  Nation  of  Indians,  the  following  tracts  of  land: 

21993  Three  sections  of  laud,  beginning  about  twenty-live  rods 

21994  below  his  house,  on  the  river  St.  Mary's,  near  Fort  Wayne ; 

21995  thence,  at  right  angles  with  the  course  of  the  river,  one  mile ; 

21996  and  from  this  line  and  the  said  river,  up  the  stream  thereof,  for 

21997  quantity. 

21998  Two  sections  upon  the  east  side  of  the  St.  Mary's  River, 

21999  near  Fort  Wayne,  running  east  one  mile  with  the  line  of  the 

22000  military  reservation;  thence,  from  that  line  and  from  the  river, 

22001  for  quantity. 

22002  Two  sections  on  the  Twenty-seven-Mile  Creek,   where  the 

22003  road  from  St.  Mary's  to  Fort  Wayne  crosses  it,  being  one  section 

22004  on  each  side  of  said  creek. 

22005  Two  sections  on  the  left  bank  of  the  Wabash,  commencing 

22006  at  the  forks  and  running  down  the  river. 

22007  The  United  States  also  agree  to  grant  to  each  of  the  fol- 

22008  lowing  persons,  being  Miami  Indians  by  birth,  and  their  heirs, 

22009  the  tracts  of  laud  herein  described : 

22010  To  Joseph  Richardville  and  Joseph  Richard ville,  Jan.,  two 

22011  sections  of  land,  being  one  on  each  side  of  the  St.  Mary's  River, 

22012  and  below  the  reservation  made  on  that  river  by  the  treaty  of 

22013  Greenville  in  1795. 

22014  To  Wemetche,  or  the  Crescent,  one  section,  below  and  ad- 
-J2015  joining  the  reservation  of  Anthony  Chesne,  on  the  west  side  of 

22016  the  St.  Mary's  River,  and  one  section  immediately  opposite  to 

22017  Macultamunqua,  or  Black  Loon. 


493 


22018 

22019 

22020 

22021 

22022 

22023 

22024 

22025 

22026 

22027 

22028 

22029 

22030 

22031 

22032 

22033 

22034 

22035 

2203G 

22037 

22038 

22039 

22040 

22041 

22042 

22043 

22044' 

22045 

2204G 

22047 

22048 

22049 

22050 

22051 

22052 

22053 

22054 

22055 

22056 

22057 

22058 

22059 

22060 

22061 

22062 

22063 


To  Keenquatakqua,  or  Long  Hair;  Aronzon,  or  Twilight; 
Peconbequa,  or  a  Woman  Striking;  Aughquamauda,  or  Diffi 
culty,  and  to  Miaghqua,  or  Noon,  as  joint  tenants,  five  sections 
of  land  upon  the  Wabash  River,  the  centre  of  which  shall  be  the 
Wyandot  village,  below  the  mouth,  of  Tippecanoe  River. 

To  Francois  Godfrey,  six  sections  of  land,  on  the  Salamauie 
River,  at  a  place  called  La  Petite  Prairie. 

To  Louis  Godfrey,  six  sections  of  land,  upon  the  St.  Mary's 
River,  above  the  reservation  of  Anthony  Shane. 

To  Charley,  a  Miami  chief,  one  section  of  land,  on  the  west 
side  of  the  St.  Mary's  River,  below  the  section  granted  to  Pe- 
raetche,  or  the  Crescent. 

To  the  two  eldest  children  of  Peter  Lauglois,  two  sections 
of  land,  at  a  place  formerly  called  Village  du  Puant,  at  the 
mouth  of  the  river  called  Pauceaupichoux. 

To  the  children  of  Antoine  Bondie,  two  sections  of  land,  on 
the  border  of  the  Wabash  River,  opposite  a  place  called  1'Esle  a 
FAille. 

To  Francois  Lafoutaiue  and  his  sou,  two  sections  of  land, 
adjoining  and  above  the  two  sections  granted  to  Jean  Bapt. 
Richardville,  near  Fort  Wayne,  and  on  the  same  side  of  the  St. 
Mary's  River. 

To  the  children  of  Antoine  Rivarre,  two  sections  of  land, 
at  the  mouth  of  the  Twenty- seven-Mile  Creek,  and  below  the 
same. 

To  Peter  Lauglois'  youugest  child,  one  section  of  laud,  oppo 
site  the  Chipaille,  at  the  Shawuese  village. 

To  Peter  Labadie,  one  section  of  laud,  on  the  river  St.  Mary's, 
below  the  section  granted  to  Charley. 

To  the  son  of  George  Hunt,  one  sectiou  of  land,  on  the  west 
side  of  the  St.  Mary's  River,  adjoining  the  two  sections  granted 
to  Francois  Lafontaiue  and  his  sou. 

To  Meshenoqua  or  the  Little  Turtle,  one  section  of  land,  on 
the  south  side  of  the  Wabash,  where  the  portage  path  strikes 
the  same. 

To  Josette  Beaubieu,  one  section  of  laud  on  the  left  bank  of 
the  St.  Mary's,  above  and  adjoining  the  three  sections  granted 
to  Jean  Bapt.  Richardville. 

To  Ann  Turner,  a  half-blooded  Miami,  one  section  of  land  on 
the  northwest  side  of  the  Wabash  River,  to  commence  at  the 
mouth  of  Fork  Creek,  on  the  west  bank  of  the  said  creek,  and 
running  up  said  creek  oue  mile  in  a  direct  line,  thence  at  right 
angles  with  this  line  for  quantity. 

To  Rebecca  Hackley,  a  half-blooded  Miami,  oue  sectiou  of 
land,  to  be  located  at  Munsey  Town,  on  White  River,  so  that  it 
shall  extend  on  both  sides  to  include  three  hundred  and  twenty 


494 

22064  acres  of  the  prairie,  in  the  bend  of  the  river,  where  the  bend 

220G5  assumes  the  shape  of  a  horseshoe. 

22066  To  William  Wayne  Wells,  a  half-blooded  Miami,  one  section 

22067  of  land  at  the  mouth  of  the  Fork  Creek,  where  the  reservation 

22068  for  Ann  Turner  commences,  running  down  the  Wabash  Eiver  on 

22069  the  northwest  bank  one  mile;  thence  back  one  mile,  thence  east 

22070  one  mile,  to  the  boundary  line  of  the  grant  to  Ann  Turner. 

22071  To  Mary  Wells,  a  half- blooded  Miami,  one  section  of  land, 

22072  at  the  mouth  of  Stoney  Creek,  on  the  southeast  side  of  the  Wa. 

22073  bash  River,  the  centre  of  which  shall  be  at  the  mouth  of  said 

22074  creek,  running  with  the  meanders  thereof,  up  and  down  the  Wa- 

22075  bash  Eiver,  one  half  mile,  and  thence  back  for  quantity. 

22076  To  Jane  Turner  Wells,  a  half-blooded  Miami,  one  section  of 

22077  laud,  on  the  northwest  side  of  the  Wabash  River,  to  commence 

22078  on  the  west  bank  of  said  river,  opposite  the  old  lime  kiln  j  thence 

22079  down  the  said  river  one  mile  and  back  for  quantity. 

22080  ARTICLE  4.  The  Miami  Nation  of  Indians  assent  to  the  ces. 

22081  sion  made  by  the  Kickapoos  to  the  United  States,  by  the  treaty 

22082  concluded  at  Vincennes,  on  the  ninth  day  of  December,  one 

22083  thousand  eight  hundred  and  nine. 

22084  ARTICLE  5.  In  consideration  of  the  cession  and  recognition 

22085  aforesaid,  the  United  States  agree  to  pay  to  the  Miami  Nation  of 

22086  Indians  a  perpetual  annuity  of  fifteen  thousand  dollars,  which, 

22087  together  with  all  annuities  Avhich,  by  any  former  treaty,  the 

22088  United  States  have  engaged  to  pay  to  the  said  Miami  Nation  of 

22089  Indians,  shall  be  paid  in  silver. 

22090  The  United  States  will  cause  to  be  built  for  the  Miarnis  one 

22091  grist-mill  and  one  saw-mill,  at  such  proper  sites  as  the  chiefs  of 

22092  the  nation  may  select,  and  will  provide  and  support  one  black- 

22093  smith  and  one  gunsmith  for  them,  and  provide  them  with  such 

22094  implements  of  agriculture  as  the  proper  agent  may  think  neces- 

22095  sary. 

22096  The  United  States  will  also  cause  to  be  delivered,  annually 

22097  to  the  Miami  Nation  one  hundred  and  sixty  bushels  of  salt. 

22098  ARTICLE  6.  The  several  tracts  of  land  which,  by  the  third 

22099  article  of  this  treaty,  the  United  States  have  engaged  to  grant 

22100  to  the  persons  therein  mentioned,  except  the  tracts  to  be  granted 

22101  to  Jean  Bapt.  Richardville,  shall  never  be  transferred  by  the  said 

22102  persons  or  their  heirs,  without  the  approbation  of  the  President 

22103  of  the  United  States. 

22104  ARTICLE  7.  This  treaty  shall  be  obligatory  on  the  contract' 

22105  ing  parties  after  the  same  shall  be  ratified  by  the  President  of 

22106  the  United  States,  by  and  with  the  advice  and  consent  of  the 

22107  Senate  thereof. 

22108  Proclaimed  January  15,  1819. 


495 


22109  Articles  of  a  treaty  made  and  concluded,  near  the  mouth  of  the 
Mississinewa,  upon  the  Wabash,  in  the  State  of  Indiana,  this 
twenty-third  day  of  October,  in  the  year  of  our  Lord  one  thou 
sand  eight  hundred  and  twenty-six,  between  Leicis  Cass,  James 
B.  Ray,  and  John  Tipton,  commissioners  on  the  part  of  the 
United  States,  and  the  chiefs  and  ivarriors  of  the  Miami  tribe 
of  Indians. 


22111 
22112 
22113 
22114 
22115 


22116  ARTICLE  1,  The  Miami  tribe  of  Indians  cede  to  the  United 

22117  States  all  their  claim  to  land  in  the  State  of  Indiana,  north  and 

22118  west  of  the  Wabash  and  Miami  Elvers,  and  of  the  cession  made 

22119  by  the  said  tribe  to  the  United  States  by  the  treaty  concluded 

22120  at   St.  Mary's,  October  6, 1818,    (proclaimed  January  15,  1819.) 

22121  ARTICLE  2.  From  the  cession  aforesaid  the  following  reser- 

22122  vations,  for  the  use  of  the  said  tribe,  shall  be  made : 

22123  Fourteen  sections  of  land  at  Seek's  Village. 

22124  Five  sections  for  the  Beaver,  below  and  adjoining  the  pre- 
22125  ceding  reservation. 

22126  Thirty-six  sections  at  Flat  Belly's  Village. 

22127  Five  sections  for  Little  Charley,  above  the  old  village,  on  the 

22128  north  side  of  Eel  Eiver. 

22129  One  section  for  Laventure's  daughter,  opposite  the  islands, 

22130  about  fifteen  miles  below  Fort  Wayne. 

22131  One  section  for  Chapine,  above  and  adjoining  Seek's  Village. 

22132  Ten  sections  at  the  White  Eaccoon's  Village. 

22133  Ten  sections  at  the  mouth  of  Mud  Creek,  on  Eel  Eiver,  at 

22134  the  old  village, 

22135  Ten  sections  at  the  forks  of  the  Wabash. 

22136  One  reservation  commencing  two  miles  and  a  half  below  the 

22137  mouth  of  the  Mississinewa,  and  running  up  the  Wabash  five 

22138  miles,  with  the  bank  thereof,  and  from  these  points  running  due 

22139  north  to  Eel  Eiver. 

22140  And  it  is  agreed  that  the  State  of  Indiana  may  lay  out  a 

22141  canal  or  a  road  through  any  of  these  reservations ;  and  for  the 

22142  use  of  a  canal,  six  chains  along  the  same  are  hereby  appropri- 

22143  ated. 

22144  ARTICLE  3.  There  shall  be  granted  to  each  of  the  persons 

22145  named  in  the  schedule  hereunto  annexed,  and  to  their  heirs,  the 

22146  tracts  of  laud  therein  designated  ;  but  the  land  so  granted  shall 

22147  never  be  conveyed  without  the  consent  of  the  President  of  the 

22148  United  States. 

22149  ARTICLE  4.  The  commissioners  of  the  United  States  have 

22150  caused  to  be  delivered  to  the  Miami  tribe  goods  to  the  value  of 

22151  $31,040.53,  in  part  consideration  for  the  cession  herein  made ; 

22152  and  it  is  agreed  that  if  this  treaty  shall  be  ratified  by  the  Pres- 

22153  ident  and  Senate  of  the  United  States,  the  United  States  shall 


496 

22154  pay  to  the  persons  named  in  the  schedule  this  day  signed  by 

22155  the  commissioners,  and  transmitted  to  the  War  Department,  the 

22156  sums  affixed  to  their  names  respectively,  for  goods  furnished  by 

22157  them,  and  amounting  to  the  sum  of  $31,040.53.  And  it  is  further 

22158  agreed  that  payment  for  these   goods   shall  be  made  by  the 

22159  Miami  tribe  out  of  their  annuity,  if  this  treaty  be  not  ratiiied 

22160  by  the  United  States. 

22161  And  the  United  States  further  engage  to  deliver  to  the  said 

22162  tribe,  in  the  course  of  the  next  summer,  the  additional  sum  of 

22163  $26,259.47. 

22164  And  it  is  also  agreed  that  an  annuity  of  thirty-live  thousand 

22165  dollars,  ten  thousand  of  which  shall  be  in  goods,  shall  be  paid 

22166  to  the  said  tribe  in  the  year  one  thousand  eight  hundred  and 

22167  twenty-seven,  and  thirty  thousand   dollars,  five  thousand   of 

22168  which  shall  be  in  goods,  iu  the  year  one  thousand  eight  hundred 

22169  and  twenty-eight;  after  which  time  a  permanent  annuity  of 

22170  twenty-five  thousand  dollars  shall  be  paid  to  them,  as  long  as 

22171  they  exist  together  as  a  tribe  ;  which  several  sums  are  to  include 

22172  the  annuities  due  by  preceding  treaties  to  the  said  tribe. 

22173  And  the  United  States  further  engage  to  furnish  a  wagon 

22174  and  one  yoke  of  oxen  for  each  of  the  following  persons,  namely, 

22175  Joseph  Eichardville,  Black  Kaccoon,  Flat  Belly,  White  Eaccoon, 

22176  Francois  Godfroy,  Little  Beaver,  Mettosanea,  Seek,  and  Little 

22177  Huron;  and  one  wagon  and  a  yoke  of  oxen  for  the  band  living 

22178  at  the  forks  of  the  Wabash. 

22179  And  also  to  cause  to  be  built  a  house,  not  exceeding  the  value 

22180  of  six  hundred  dollars  for  each  of  the  following  persons,  namely, 

22181  Joseph  Eichardville,  Francois  Godfroy,  Louison Godfrey,  Francis 

22182  Lafontaine,  White  Eaccoon,  La  Gros,  Jean  B.  Eichardville,  Flat 

22183  Belly,  and  Wau-we-as-see. 

22184  And  also  to  furnish  the  said  tribe  with  two  hundred  head  of 

22185  cattle,  from  four  to  six  years  old,  and  two  hundred  head  of  hogs  ; 

22186  and  to  cause  to  be  annually  delivered  to  them  two  thousand 

22187  pounds  of  iron,  one  thousand  pounds  of  steel,  and  one  thousand 

22188  pounds  of  tobacco. 

22189  And  to  provide  five  labourers  to  work  three  months  in  the 

22190  year  for  the  small  villages,  and  three  labourers  to  work  three 

22191  months  in  the  year  for  the  Mississiuewa  band. 

22192  ARTICLE  5.  The  Miami  tribe  being  anxious  to  pay  certain 

22193  claims  existing  against  them,  it  is  agreed,  as  a  part  of  the  con- 

22194  sidera'tion  for  the  cession  in  the  first  article,  that  these  claims, 

22195  amounting  to  $7,727.47,  and  which  are  stated  in  a  schedule  this 

22196  day  signed  by  the  commissioners,  and  transmitted  to  the  War 

22197  Department,  shall  be  paid  by  the  United  States. 

22198  ARTICLE  6.  The   United  States  agree  to  appropriate  the 

22199  sum  of  two  thousand  dollars  annually,  as  long  as  Congress  may 


497 

22200  think  proper,  for  the  support  of  poor  infirm   persons  of  the 

22201  Miami  tribe,  and  for  the  education  of  the  youth  of  the  said 

22202  tribe ;  which  sum  shall  be  expended  under  the  direction  of  the 

22203  President  of  the  United  States. 

22204  ARTICLE  7.  It  is  agreed  that  the  United  States  shall  pur- 

22205  chase  of  the  persons  named  in  the  schedule  hereunto  annexed 

22206  the  land  therein  mentioned,  which  was  granted  to  them  by  the 

22207  treaty  of  St.  Mary's,  and  shall  pay  the  price  affixed  to  their 

22208  names  respectively ;  the  payments  to  be  made  when  the  title  to 

22209  the  lauds  is  conveyed  to  the  United  States. 

22210  ARTICLE  8.  The  Miami  tribe  shall  enjoy  the  right  of  hunt- 

22211  ing  upon  the  land  herein  conveyed,  so  long  as  the  same  shall  be 

22212  the  property  of  the  United  States. 

22213  ARTICLE  9.  This  treaty,  after  the  same  shall  be  ratified  by 

22214  the  President   and  Senate,  shall  be  binding  upon  the  United 

22215  States. 

22216  Proclaimed  January  24,  1827. 


22217     tiehedule  of  grants  referred  to  in  the  foregoing  treaty,  article  3d. 


22218 
22219 

22220 
22221 
22222 
22223 
22224 


22226 
22227 
22228 
22229 
22230 
22231 
22232 
22233 
22234 
22235 
22236 
22237 
22238 
22239 
22240 
22241 
22242 
22243 


To  John  B.  Richardville,  one  section  of  land,  between  the 
mouth  of  Pipe  Creek  and  the  mouth  of  Eel  River,  on  the  north 
side  of  the  Wabash,  and  one  section  on  the  northwest  side  of 
the  St.  Joseph,  adjoining  the  old  boundary  line;  also,  one  half 
section  on  the  east  side  of  the  St.  Joseph's,  below  Cha-po-tee's 
village. 

To  John  P>.  Boure,  one  section  on  the  north  side  of  the  St 
Joseph,  including  Chop-patees  village. 

To  the  wife  and  children  of  Charley,  a  Miami  chief,  one 
section  where  they  live.  r 

To  Ann  Hackley  and  Jack  Hackley,  one  section  each,  be 
tween  the  Maumee  and  the  St.  Joseph's  Rivers. 

To  the  children  of  Maria  Christiana  .De  Rome,  a  half-blood 
Miami,  one  section  between  the  Maumee  and  the  St.  Joseph's. 

To  Ann  Turner,  alias  Hackley,  Rebecca  Hackley,  and  Jane 
8.  Wells,  each  one  half  section  of  land,  to  be  located  under  the 
direction  of  the  President  of  the  United  States. 

To  John  B.  Richardville,  one  section  of  land  upon  the  uorth 
side  of  the  Wabash,  to  include  a  large  spring  nearly  opposite 
the  mouth  of  Pipe  Creek. 

To  Francois  Godfroy,  one  section  above  and  adjoining  said 
last  grant  to  J.  B.  Richardville. 

To  Louison  Godfroy,  one  section  above  and  adjoining  the 
grant  to  Francois  Godfroy. 

To  Francis  Lafontainc,  one  section  above  and  adjoining  the 
grant  to  Louison  Godfroy. 
63  IT 


498 

22244  To  John.  B.  Eiehardville,  junior,  one  section  on  the  Wabash, 

22245  below  and  adjoining  the  reservation  running  from  the  AY  abash 

22246  to  Eel  Eiver. 

22247  To  Joseph  Eichardville,  one  section  above  and  adjoining  the 

22248  res 3r ration  running  from  the  Wabash  to  Eel  Eiver. 

22249  To  La  Gros,  three  sections,  where  he  now  lives,  and  one 

22250  section  adjoining  the  Cranberry  in  the  Portage  Prairie. 

22251  A  quarter-section  of  land  to  each  of  the  following  persons, 

22252  namely  :  Charles  Gouiu.  Purri  Gouin,  and  Therese  Gouin,  to  be 

22253  located  under  the  direction  of  the  President  of  the  United  States. 

22254  Two  sections  of  land  at  the  old  town  on  Eel  Eiver,  to  be  re- 

22255  served  for  the  use  of  the  Metchinequea. 

22256  This    treaty  to   be  binding,   when  ratified    by   the   Presi 

22257  dent. 

22258  Proclaimed  December  22,  1837. 

22259  Articles  of  a  treaty  between  the  United  States  and  the  Miami  tribe 

22260  of  Indians,  concluded  at  the  Forks  of  the  Wabash,  in  the  State 

22261  of  Indiana,  on  the  23d  day  of  October,  1834,  by  and  between 

22262  William  Marshall,  commissioner  of  the  United  States,  and  the 

22263  chiefs  and  warriors  of  said  tribe. 

22264  ARTICLE  1.  The  Miami  tribe  of  Indians  agree  to  cede  to  the 

22265  United  States  the  following-described  tracts  of  land  within  the 

22266  State  of  Indiana,  being  a  part  of  reservations  made  to  said  tribe 

22267  from  former  cessions,  now  conveyed  for  and  in  consideration  of 

22268  the  payments  stipulated  to  be  made  to  them  in  the2d  article  of 

22269  this  treaty  of  cession : 

22270  One  tract  of  laud,  thirty-six  sections,  at  Flat  Belly1*  Vil- 

22271  lage,  a  reseive  made  by  the  treaty  of  Wabash  of  1826,  (pro- 

22272  claimed  January  24,  1827.) 

22273  Also,  one  tract  of  land,  about  twenty-three  thousand  acres, 

22274  more  or  less,  a  reserve  made  at  Wabash  treaty  in  1826,  of  five 

22275  miles  in  length  on  the  Wabash  Eiver,  extending  back  to  Eel 

22276  Eiver. 

22277  Also,  one  other  tract  of  ten  sections  at  Eacooii  Village,  and 

22278  a  tract  of  ten  sections  at  Mud  Creek,  on  Eel  Eiver,  reserves 

22279  made  at  Wabash  treaty  of  1826. 

22280  Also,  one  reserve  of  two  miles  square  on  the  Salamauy 
J2281  Elver,  at  the  mouth  of  At-che-poug-qua  Creek,  reserve  made  at 

22282  the  treaty  of  St.  Mary's  of  1818,  (proclaimed  January  15,  1819.) 

Also,  one  other  tract,  being  a  portion  of  the  ten-mile  square 

J284  reserve  made  at  the  treaty  of  St.  Mary's  of  1818,  opposite  the 

i285  mouth  of  the  river  Aboutte,  commencing  at  the  northeast  corner 

22286  of  said  reserve,  thence  south,  with  the  eastern  boundary  of  the 


499 

22287  same,  ten  miles,  to  the  southeast  corner  of  the  reserve,  thence 

22288  west,  with  the  southern  boundary,  one  mile,  thence  north  nine 
22280  miles,  thence  west  nine  miles,  thence  north  one  mile,  to  the 
22290  northwest  corner  of  said  reserve,  thence  to  the  place  of  begin- 

22201  ning. 

22202  The  Miamies  also  agree  to  cede  a  portion  of  their  big  reserve, 

22203  made  at  the  treaty  of  St.  Mary's  of  1818,  situated  southeast  of 

22204  the  Wabash,  extending  along  the  Wabash  Kiver  from  the  mouth 

22205  of  Salamany  Kiver  to  the  mouth  of  Eel  Kiver.    The  part  now 

22206  ceded  shall  be  embraced  within  the  following  bounds,  to  wit: 

22207  Commencing  on  the  Wabash  Kiver,  opposite  the  mouth  of  .Eel 

22208  Kiver,  running  up  said  Wabash  Kiver  eight  miles,  thence  south 
22200  two  miles,  thence  westwardly  one  mile,  thence  south  to  the  south- 

22300  em  boundary  of  said  reserve,  thence  along  said  boundary-Hue 

22301  seven  miles  to  the  southwest  corner,  thence  northerly  with  the 

22302  western  boundary-line  to  the  place  of  beginning. 

22303  ARTICLE  2.  For  and  in  consideration  of  the  cession  made 

22304  in  the  first  article  of  this  treaty,  the  United  States  agree  to  pay 

22305  the  Miami  tribe  of  Indians  the  sum  of  two  hundred  and  eight 
22300  thousand  dollars ;  of  this  sum  fifty-eight  thousand  dollars  to  be 

22307  paid  within  six  months  from  the  ratification  of  this  treaty,  fifty 

22308  thousand  dollars  to  be  applied  to  the  payment  of  the  debts  of 
22300  the  tribe,  and  the  remaining  sum  of  one  hundred  thousand  dol- 

22310  lars  in  annual  instalments  of  ten  thousand  dollars  per  year. 

22311  ARTICLE  3.  From  the  cession  made  in  the  first  article  of 

22312  this  treaty,  there  shall  be  granted  to  each  of  the  persons  named 

22313  in  the  schedule  hereunto  annexed,  and  to  their  heirs  and  assigns, 

22314  by  patent  from  the  President  of  the  United  States,  the  lands 

22315  therein  named. 

22316  ARTICLE  4.  It  is  agreed,  between  the  parties  to  this  treaty  $ 

22317  that  a  patent  in  fee-simple  shall  be  issued  by  the  President  of 

22318  the  United  States  to  John  B.  Kichardville,  principal  chief  of  the 
22310  Miami  tribe,  for  a  reserve  of  ten  sections  at  the  Forks  of  the 

22320  Wabash,  made  to  said  tribe  by  treaty  of  twenty-third  October^ 

22321  1826,  he  having  an  Indian  title  to  the  same,  a  copy  of  which, 

22322  marked  A,  accompanies  this  treaty. 

22323  ARTICLE  5.  The  United  States  agree  to  furnish  a  skilfu^ 

22324  miller  to  superintend  a  mill  for  the  Miamies,  in  lieu  of  the  gun 

22325  smith  promised  by  the  5th  article  of  the  treaty  of  St.  Mary's  of 

22326  1818. 

22327  ARTICLE  6.  The  United  States  agree  to  have  the  buildings 

22328  and  improvements  on  the  lands  ceded  by  the  first  article  of  this 
22320  treaty  valued  ;   to  cause  a  similar  amount  in  value  laid  out  in 

22330  building,  clearing,  and  fencing  ground,  for  the  use  of  the  Indians, 

22331  on  such  place  or  places  as  their  chiefs  may  select,  and  that  the 

22332  Indians  have  peaceable  possession  of  their  houses  and  impro've* 


500 

21J333  ments  oil  the  lands  ceded  in  the  first  article  of  this  treaty  until 

22334  the  improvements  are  made  as  provided  for  in  this  article. 

22335  ARTICLE  7.  The  United  States  agree  to  pay  the  Miami 

22336  Indians  fifteen  hundred  dollars  for  horses  heretofore  stolen  from 

22337  them  by  the  whites. 

22338  ARTICLE  8.  The  United  States  agree  to  cause  patents  in  fee- 

22339  simple  to  issue  to  the  following-named  persons  for  the  several 

22340  tracts  of  land  attached  to  their  names,  granted  to  them  by  for- 

22341  iner  treaties,  to  wit: 

22342  '         To  Little  Charley,  for  five  sections  of  land,  above  the  old 

22343  village,  on  the  north  side  of  Eel  Biver,  granted  to  him  by  treaty 

22344  of  Wabasli  of  1826,  (proclaimed  January  24, 1827.) 

22345  To  Laronture's  daughter,  for  one  section  of  land  on  the 

22346  Maumee  Eiver,  granted  to  her  by  treaty  of  Wabash  of  1826, 

22347  (proclaimed  January  24,  1827.) 

22348  To  To-pee-ah,  son  of  Francis  Lafontain,  for  one  section, 
22340  granted  him  by  treaty  of  St.  Mary's  of  1818,  (proclaimed  Jan- 

22350  nary  15,  1810.) 

22351  To  Met-chin-e-quea,  for  two  sections  of  land  granted  him  by 

22352  treaty  of  Wabash  of  1826,  at  the  old  town  on  Eel  Eiver. 

22353  To  Francis  Godfrey,  for  four  sections  of  land  on  the  Salam- 

22354  any  Biver,  granted  him  at  treaty  of  St.  Mary's  of  1818,  being 

22355  the  residue  of  what  he  now  holds  of  said  grant. 

22356  ARTICLE  0.  There  shall  be  granted  to  Hugh   Hanna  one 

22357  quarter  section  of  land,  in  lieu  of  one  selected  and  not  approved 

22358  on  the  grant  made  to  Guire  at  treaty  of  Wabash  of  1826,  (Hanna 
22350  having  purchased  of  Guire,)  the  selection  to  be  made  under  the 

22360  direction  of  the  President  of  the  United  States. 

22361  Schedule  of  (/rants  referred  to  in  the  third  article 

22362  To  Francis  Godfroy,  one  section  of  land  at  the  lower  Hue  of 

22363  the  five-mile  reserve  on  the  Wabash  Eiver,  to  be  located  adjoin- 

22364  ing  the  town  of  Peru;  one  half  section  to  be  located  on  said 

22365  WTabash  Eiver  opposite  his  trading-house,  and  one  half  section 

22366  to  be  located  on  that  part  of  the  big  reserve  southwest  side  the 

22367  Wabash,  above  and  adjoining  the  two  sections  granted  to  John  B. 

22368  Eichardville,  and  one  half  section  back  and  ad  joining  the  one  grant- 
22360  ed  to  said  John  B.  Eichardville,  opposite  the  month  of  Eel  Elver. 

22370  To  To-pe-ah,  one  section  of  land,  commencing  one  mile  from 

22371  the  northeast  corner  of  the  ten-mile  reserve,  opposite  the  niouth 

22372  of  Aboit  Eiver,  (granted  by  treaty  of  St.  Mary's  of  1818,)  thence 

22373  south  one  mile,  thence  west  one  mile,  thence  north  one  mile, 
22874  thence  east  to  the  place  of  beginning. 

22375  To  Wa-pa-se-pah,  son  of  Lafontain,  one  section  of  land  west 

22376  and  adjoining  the  one  to  To-pee-ah. 


501 


22377 
22378 
22379 
22380 
22381 
22382 
22383 
22384 
22385 
2238G 
22387 
22388 
22389 
22390 
22391 
22392 
22393 
22394 
22395 
22390 
22397 
22398 
22399 
22400 
22401 
22402 
22403 
22404 
22405 
2240G 
22407 
22408 
22409 
22410 
22411 
22412 
22413 
22414 
22415 
22416 
22417 
22418 
22419 
'22420 
22421 
22422 


To  Ne-ah-long-quaw,  two  sections  of  laud  west  and  adjoin 
ing  the  one  to  Wa-pa-se-pali. 

To  A-saw-som-ma-quah,  or  Susan,  one  section  of  land  west 
and  adjoining  the  two  to  Ne-ah-long-quaw. 

To  Poqua,  son  of  Francis  Godfroy,  one  half  section  west  and 
adjoining  the  one  to  Susan. 

To  Frauds  Godfroy,  one  half  section  of  land  west  and  ad 
joining  the  one  to  Poqua. 

To  Paul  Louglois,  one  section  of  land  on  the  Wabash  River, 
to  include  his  field. 

To  Chappene,  one  section  of  land,  to  include  Racoon  vil 
lage,  commencing  two  poles  west  of  the  grave-yard  northwest 
of  the  village;  thence  on  an  easterly  direction  to  river  About; 
thence  with  said  river  until  it  strikes  the. reserve  line;  thence 
with  said  line  for  quantity  to  include  within  the  bounds  one  sec 
tion,  of  land ;  also  one  other  section  of  land,  west  and  adjoining 
the  half  section  granted  to  Francis  Godfroy,  on  the  ten-mile 
reserve. 

To  John  B.  Richardville,  principal  chief  of  the  Miami  tribe, 
one  section  of  land  on  the  five-mile  reserve,  opposite  the  mouth 
of  the  Mississineway  .River,  to  include  the  improvement  made 
by  Joseph  Richardville,  deceased ;  also  one  quarter  section  of 
land  on  the  Wabash  River,  at  the  upper  part  of  the  five-mile 
reserve;  also  two  sections  of  land  on  the  big  reserve,  commenc 
ing  on  the  Wabash  River,  opposite  the  mouth  of  Eel  River,  run 
ning  up  said  river  two  miles,  tbeuce  back  for  quantity  so  as  to 
include  within  the  bounds  two  sections  of  land. 

To  Mac-keh-teh-maug-guaw,  or  Black  Loon,  one  section  of 
land,  to  be  located  on  the  Wabash  River,  at  the  upper  line  of 
that  part  of  the  big  reserve  ceded  by  the  first  article  of  this 
treaty. 

To  Chiii-gua-qua,  or  Duck,  one  section  of  land,  to  be  located 
on  said  Wabash  River,  below  and  adjoining  the  one  granted  to 
Black  Loon.  • 

To  O-san  dear,  one  section  of  land  back  and  adjoining  the 
one  granted  to  Black  Loon. 

To  Wa-pa-pe-she,  one  section  of  laud  back  and  adjoining  the 
one  granted  to  Duck. 

To  Peter  Louglois,  one  half  section  of  laud,  to  be  located  at 
a  point  on  Wildcat,  where  the  old  trace  from  Mississineway  to 
Thorntown  crosses  the  same. 

To  the  sons  of  Dupee,  one  half  section  of  land,  to  be  located 
on  the  reserve  at  Racoon  Village,  to  be  located  under  the  direc 
tion  of  the  President  of  the  United  States. 

To  Peter  Guier,  one  half  section  of  land,  to  be  located  back 
of  the  one  granted  to  Wa-pa-pe-she. 


502 

22423  To  Wa-pee-mung-quah,  one  section  of  laud  on  the  ten-mile 

22424  reserve,  adjoining  the  one  to  Chappene. 

22425  To  Ca-ta-ke-inon-gua,  daughter  of  Godfrey  and  Angelique, 
22420  one  section  of  laud,  to  be  located  adjoining  the  one  to  Wau-pee- 

22427  inung-guah. 

22428  To  Kebeeca  Hackley,  one  quarter  section  of  laud,  to  be  lo- 

22429  cated  under  the  direction  of  the  President  of  the  United  States. 

22430  And  whereas  the  assent  of  the  chiefs  and  warriors  of  the 

22431  said  tribe  of  Indians,  required  by  the  aforesaid  resolution  of  the 

22432  Senate,  has  been  given  to  the  said  amendment,  which  assent  is 

22433  as  follows,  viz : 

22434  We,  the  chiefs  and  warriors  of  the  Miami  Nation  of  Indians, 

22435  residing  in  the  State  of  Indiana,  having  assembled  in  general 

22436  council,  and  having  seen  and  duly  examined  each  and  all  of  the 

22437  amendments  made  by  the  Senate  in  the  treaty  negotiated  be- 

22438  tween  said  nation   and  Gen.  William   Marshall,  commissioner 

22439  on  the  part  of  the  United  States,  on  the  23d  of  October,  1834, 

22440  and  the  same  having  been  fully  and  clearly  explained  to  us,  do 

22441  hereby  give  our  assent  to  each  and  all  of  them,  in  compliance 

22442  with  the  requisition  of  the  resolution  of  the  Senate  of  the  twelfth 

22443  of  October,  1837,  advising  and  consenting  to  the  ratification  of 

22444  said  treaty. 

22445  Proclaimed  December  22,  1837. 

22446  Articles   of  a  treaty  made    and   concluded   at   the  Forks   of  the 

22447  Wabash,  in  the  State  of  Indiana,  beticeen  the  United  States  of 

22448  America,  l)y  her  commissioner,  Abel  C.  Pepper,  and  the  Miami 

22449  tribe  of  Indians,  on  the  sixth  day  of  November,  in  the  year  of 

22450  our  Lord  eighteen  hand  red  and  thirty-eight. 

22451  ARTICLE  1.  The  Miami  tribe  of  Indians  hereby  cede  to  the 

22452  United  States  all  that  tract  of  laud  lying  south  of  the  Wabash 

22453  River  and  included  within  the  following  bounds,  to  wit:  Com- 

22454  uieucing  at  a  point  on  said*  river  where  the  western  boundary* 

22455  line  of  the  Miami  reserve  intersects  the  same,  near  the  mouth  of 

22456  Pipe  Creek ;  thence  south   two  miles ;  thence  west   one  mile ; 

22457  thence  south  along  said  boundary-line,  three  miles  ;  thence  east 

22458  to  the  Mississiuuewa  liiver ;  thence  up  the  said  river  with  the 

22459  meanders  thereof  to  the  eastern  boundary-line  of  the  said  Miami 

22460  reserve ;  thence  north  along  said  eastern  boundary-line  to  the 

22461  Wabash  River;  thence  down  the   said  last-named  river,  with 

22462  the  meanders  thereof,  to  the  place  of  beginning. 

22463  The  said  Miami  tribe  of  Indians  do  also  hereby  cede  to  the 
J2464  United  States  the  three  following  reservations  of  land  made  for 

22465  the  use  of  the  Miami  Nation  of  Indians  by  the  2d  article  of  a 


503 


22466 
22467 
22468 
22469 
22470 
22471 
22472 
22473 
22474 
22475 
22476 
22477 
22478 
22479 
22480 
22481 
22482 
22483 
22484 
22485 
22486 
22487 
22488 
22489 
22490 
22491 
22492 
22493 
22494 
22495 
22496 
22497 
22498 
22499 
22500 
22501 
22502 
22503 
22504 
22505 
22506 
22507 
22508 
22509 
22510 
22511 


treaty  made  and  concluded  at  St.  Mary's,  in  the  State  of  Ohio, 
on  the  6th  of  October,  1818,  to  wit,  (proclaimed  January  15, 1819 :) 

The  reservation  on  the  Wabash  River,  below  the  forks 
thereof; 

The  residue  of  the  reservation  opposite  the  mouth  of  the 
river  Abouette; 

The  reservation  at  the  mouth  of  a  creek  called  Flat  Rock, 
where  the  road  to  White  River  crosses  the  same. 

Also  one  other  reservation  of  land  made  for  the  use  of  said 
tribe  at  Seeks  Village,  on  Eel  River,  by  the  2d  article  of  a  treaty 
made  and  concluded  on  the  23d  October,  1826,  (proclaimed 
January  24,  1827.) 

ARTICLE  2.  From  the  cession  aforesaid,  the  Miami  tribe 
reserve  for  the  baud  of  Me-to-sin-ia,  the  following  tract  of  laud, 
to  wit :  Beginning  on  the  eastern  boundary-line  of  the  big  re 
serve,  where  the  Mississiunewa  River  crosses  the  same ;  thence 
down  said  river  with  the  meanders  thereof  to  the  mouth  of  the 
creek  called  Forked  Branch  ;  thence  north  two  miles  ;  thence  in 
a  direct  line  to  a  point  on  the  eastern  boundary-line  two  miles 
north  of  the  place  of  beginning;  thence  south  to  the  place  of 
beginning,  supposed  to  contain  ten  square  miles. 

ARTICLE  3.  In  consideration  of  the  cession  aforesaid,  the 
United  States  agree  to  pay  the  Miami  tribe  of  Indians  three 
hundred  and  thirty-five  thousand  six  hundred  and  eighty 
dollars  ;  sixty  thousand  dollars  of  which  to  be  paid  immediately 
after  the  ratification  of  this  treaty  and  the  appropriation  to 
carry  its  provisions  intoeftect;  and  the  residue  of  said  sum, 
after  the  payment  of  claims  hereinafter  stipulated  to  be  paid, 
in  ten  yearly  instalments  of  twelve  thousand  five  hundred  and 
sixty-eight  dollars  per  year. 

ARTICLE  4.  It  is  further  stipulated  that  the  sum  of  six 
thousand  eight  hundred  dollars  be  paid  John  B.  Richardville ; 
and  the  sum  of  two  thousand  six  hundred  and  twelve  dollars  be 
paid  Francis  Godfroy ;  which  said  sums  are  their  respective 
claims  against  said  tribe  prior  to  October  23,  1834,  excluded 
from  investigation  by  the  late  commissioner  of  the  United 
States,  by  reason  of  their  being  Indians  of  said  tribe. 

ARTICLE  5.  The  said  Miami  tribe  of  Indians  being  anxious 
to  pay  all  their  just  debts,  at  their  request  it  is  stipulated  that 
immediately  after  the  ratification  of  this  treaty  the  United  States 
shall  appoint  a  commissioner  or  commissioners,  who  shall  be 
authorized  to  investigate  all  claims  against  said  tribe  which 
have  accrued  since  the  23d  day  of  October,  1834,  without  regard 
to  distinction  of  blood  in  the  claimants,  and  to  pay  such  debts 
as,  having  accrued  since  the  said  period,  shall  be  proved  to  his 
or  their  satisfaction  to  be  legal  and  just. 


504 

22512  ARTICLE  6.  It  is  further  stipulated  that  the  sum  of  one 

22513  hundred  and  fifty  thousand  dollars,  out  of  the  amount  agreed 

22514  to  be  paid  said  tribe  in  the  third  article  cf  this  treaty,  shall  be 

22515  set  apart  for  the  payment  of  the  claims  under  the  provisions  of 

22516  the  fourth  and  fifth  articles  of  this  treaty,  as  well  as  for  the  pay- 

22517  inent  of  any  balance  ascertained  to  be  due  from  said  tribe  by 

22518  the  investigation  under  the  provisions  of  the  treaty  of  1834; 

22519  and  should  there  be  an  unexpended  balance  in  the  hands  of 

22520  said  commissioner  or  commissioners  after  the  payment  of  said 

22521  claims,  the  same  shall  be  paid  over  to  the  said  tribe  at  the  pay- 

22522  meut  of  their  next  subsequent  annuity  ;  but  should  the  said  sum 

22523  so  set  apart  for  the  purpose  aforesaid  be  found  insufficient  to 

22524  pay  the  same,  then  the  ascertained  balance  due  on  said  claims 

22525  shall  be  paid  in  three  equal  instalments  from  the  annuities  of 

22526  said  tribe. 

22527  And  the  said  Miami  tribe  of  Indians  through  this  public in- 

22528  strumeut  proclaim  to  all  concerned  that  no  debt  or  debts  that 

22529  any  Indian  or  Indians  of  said  tribe  may  contract  with  any  per- 

22530  son  or  persons  shall  operate  as  a  lieu  on  the  annuity  or  annuities, 

22531  nor  on  the  land  of  the  said  tribe  for  legal  enforcement.     I^or 

22532  shall  any  person  or  persons  other  than  the  members  of  said  Mi- 

22533  ami  tribe,  who  may  by  sufferance  live  on  the  land  of,  or  inter- 

22534  marry  in,  said  tribe,  have  any  right  to  the  laud  or  any  interest 

22535  in  the  annuities  of  said  tribe,  until  such  person  or  persons  shall 

22536  have  been  by  general  council  adopted  into  their  tribe. 

22537  ARTICLE  7.  It  is  further  stipulated  that  the  United  States 

22538  will  cause  the  buildings  and  improvements  on  the  land  hereby 

22539  ceded  to  be  appraised,  and  have  buildings  and  improvements  of 

22540  a  corresponding  value  made  at  such  places  as  the  chiefs  of  said 

22541  tribe  may  designate;  and  the  Indians  of  said  tribe  are  to  re- 

22542  main  in  the  peaceable  occupation  of  their  present  improvements 

22543  until  the  United  States  shall  make  the  said  corresponding  im- 

22544  provements. 

22545  ARTICLE  8.  It  is  further  stipulated  that  the  United  States 

22546  patent  to  Beaver  the  five  sections  of  land,  and  to  Chapine  the 

22547  one  section  of  land,  reserved  to  them  respectively  in  the  second 

22548  article  of  the  treaty  made  anno  Domini  1826,  (proclaimed  Jan- 

22549  nary  24,  1827,)  between  the  parties  to  the  present  treaty. 

22550  ARTICLE  9.  The  United  States  agree  to  cause  the  boundary - 

22551  lines  of  the  land  of  said  tribe  in  the  State  of  Indiana  to  be  sur- 

22552  veyed  and  marked  within  the  period  of  one  year  after  the  rati- 

22553  ficatiou  of  this  treaty. 

22554  ARTICLE  10.  The  United  States  stipulate  to  possess  the 

22555  Miami  tribe  of  Indians  of,   and  guarranty  to  them  forever,  a 

22556  country  west  of  the  Mississippi  Eiver,  to  remove  to  and  settle 

22557  on,  iclicn  the  said  tribe  may  be  disposed  to  emigrate  from  tlieir  prca- 


505 

22558  ent  country,  aud  that  guarranty  is  hereby  pledged.    And  the  said 

22559  country  shall  be  sufficient  in  extent,  and  suited  to  their  wants 
22500  and  condition,  and  be  in  a  region  contiguous  to  that  in  the  oc- 
22561  cupation  of  the  tribes  which  emigrated  from  the  States  of  Ohio 

22502  and  Indiana.     And  when  the  said  tribe  shall  have  emigrated, 

22503  the  United  States  shall  protect  the  said  tribe  an  1  the  people 

22504  thereof  in  their  rights  and  possessions  against  the  injuries,  eu- 

22505  croachments,  and  oppressions  of  any  person  or  persons,  tribe, 
22500  or  tribes  whatsoever. 

22507  ARTICLE  11.  It  is  further  stipulated  that  the  United  States 

22508  will  defray  the  expenses  of  a  deputation  of  six  chiefs  or  head- 

22509  men  to  explore  the  country  to  be  assigned  to  said  tribe  west  of 

22570  the  Mississippi  River.     Said  deputation  to  be  selected  by  said 

22571  tribe  in  general  council. 

22572  ARTICLE  12.  The  United  States  agree  to  grant  by  patent 

22573  to  each  of  the  Miami  Indians  named  in  the  schedule  hereunto 

22574  annexed  the  tracts  of  land  therein  respectively  designated. 

22575  And  the  said  tribe  in  general  council  request  that  the  patents 
22570  for  the  grants  in   said  schedule  contained,  shall  be  transmitted 

22577  to  the  principal  chief  of  said  tribe,  to  be  by  him  distributed  to 

22578  the  respective  grantees. 

22579  ARTICLE  13.  It  is  further  stipulated  that  should  this  treaty 

22580  not  be  ratified  at  the  next  session  of  the  Congress  of  the  United 

22581  States,  then  it  shall  be  null  and  void  to  all  intents  and  purposes 

22582  between  the  parties. 

22583  ARTICLE  14.  And  whereas  John  B.  Eichardville,  the  prin- 

22584  cipal  chief  of  said  tribe,  is  very  old  aud  infirm,  and  not  well 

22585  able  to  endure  the  fatigue  of  a  long  journey,  it  is  agreed  that 
22580  the  United  States  will  pay  to  him  and  his  family  tlie  proportion 

22587  of  the  annuity  of  said  tribe  which  their  number  shall  indicate 

22588  to  be  due  to  them,  at  Fort  Wayne,  whenever  the  said  tribe  shall 

22589  emigrate  to  the  country  to  be  assigned  them  west  as  a  future 

22590  residence. 

22591  ARTICLE  15.  It  is  further  stipulated  that  as  long  as  the 

22592  Congress  of  the  United  States  shall  in  its  discretion  make  an 

22593  appropriation  under  the  sixth  article  of  the  treaty  made  be- 

22594  tween  the  United  States  aud^said  tribe  in  the  year  1820,  for  the 

22595  support  of  the  infirm  and  the  education  of  the  youth  of  said 
22590  tribe,  one-half  o'f  the  amount  so  appropriated  shall  be  paid  to 

22597  the  chiefs,  to  be  by  them  applied  to  the  support  of  the  poor  and 

22598  infirm  of  said  tribe  in  such  manner  as  shall  be  most  beneficial. 

22599  ARTICLE  10,  This  treaty,  after  the  same  shall  be  ratified  by 

22000  the  President  and  Senate  of  the  United  States,  shall  be  binding 

22001  on  the  contracting  parties. 

22002  Proclaimed  February  8,  1839. 

04  i  T 


506 

22G03  Schedule  of  grants  referred  to  in  the  foregoing  treaty,  article  twelve. 

22604  To  John  B.  Eichardville,  principal  chief, 

22605  Two  sections  of  land,  to  include  and  command  the  principal 

22606  falls  of  Pipe  Creek. 

22607  Three  sections  of  land,  commencing  at  the  mouth  of  the 

22608  Salamania  Eiver,  thence  running  three  miles  down  the  Wabash 

22609  Eiver,  and  one  mile  up  the  Salamania  Eiver. 

22610  Two  sections  of  land,  commencing  at  the  mouth  of  the  Mis- 

22611  sissinuewa  Eiver,  thence  down  the  Wabash  Eiver  two  miles, 

22612  and  up  the  Mississinnewa  Eiver  one  mile. 

22613  One  and  one-half  section  of  land  on  the  Wabash  Eiver  at 

22614  the  mouth  of  Flat  Eock,  (creek,)  to  include  his  mills  and   the 

22615  privileges  thereof. 

22616  One  section  of  land  on  the  Wabash  Eiver  opposite  the  town 

22617  of  Wabash  : 

22618  All   of  which  said  trects   of  land  are  to   be  surveyed  as 

22619  directed  by  the  said  grantee. 

22620  To  Francis  Godfrey,  a  chief,  one  section  of  land  opposite 

22621  the  town  of  Peru  and  on  the  Wabash  Eiver. 

22622  One  section  of  land  on  Little  Pipe  Creek,  to  include  his 

22623  mill  and  the  privileges  thereof. 

22624  Four  sections  of  land  where  he  now  lives. 

22625  All  which  said  tracts  of  land  are  to  be  surveyed  as  directed 

22626  by  the  said  grantee. 

22627  To  Po  qua  Godfrey,  one  section  of  laud  to  run  one  mile  on 

22628  the  Wabash  Eiver,  and  to  include  the  improvements  where  he 

22629  now  lives. 

22630  To  Catherine  Godfrey,  daughter  of  Francis  Godfrey,  and  her 

22631  children,  one   section  of  land  to  run  one  mile  on  the  Wabash 

22632  Eiver,  and  to  include  the  improvement  where  she  now  lives. 

22633  To  Kah-tah-mong-quah,  son  of  Susan  Eichardville,  one  half 

22634  section  of  land  on  the  Wabash  Eiver,  below  and  adjoining  the 

22635  three  sections  granted  to  John  B.  Eichardville. 

22636  To  Mong-go-sah,  son  of  La  Blonde,  one  half  section  of  laud 

22637  on  the  Wabash  Eiver,  below  and  adjoining  the   half  section 

22638  granted  to  Kah-tah-mong-quah. 

^2639  To  Peter  Gouin,  one  section  of  land  on  the  Sixth  Mile  Ee- 

22640  serve,  commencing  where  the  northern  line  of  said  reserve  inter- 

22641  sects  the  Wabash  Eiver  ;  thence  down  said  river  one  mile  and 

22642  back  for  quantity. 

22643  To  Mais-shil-gouin-mi-zah,  one  section  of  land,  to  include  the 

22644  "Deer  Lick."  alias  La  Saline,  on  the  creek  that  enters  the  Wa- 

22645  bash  Eiver,  nearly  opposite  the  town  of  Wabash. 

22646  To  O-zah-shin-quah  and  the  wife  of  Bronilette,  daughters  of 

22647  the  "Deaf  Man,"  as  tenants  in  common,  one  section  of  land  on 


507 

22648  the  Mississinuewa  Elver,  to  include  the  improvements  where 

22649  they  now  live. 

22650  To  O-san-di-ah,  one  section  of  land  where  he  now  lives  on 

22651  the  Mississiuuewa  River,  to  include  his  improvements. 

22652  To  Wah-pi-pin-cha.one  section  of  land  on  the  Mississiuuewa 

22653  Eiver,  directly  opposite  the  section  granted  to  O-san-di-ah. 

22654  To  Mais-zi-quah,  one  section  of  laud  on  the  Wabash  Eiver, 

22655  commencing  at  the  lower  part  of  the  improvement  of  Old  Sally  ; 

22656  thence  up  said  river  one  mile  and  back  for  quantity. 

22657  To  Tah-ko-nong,  one  section  of  land  where  he  now  lives  on 

22658  the  Mississinnewa  Eiver. 

.22659  To  Cha-pine,  one  section  of  land  where  lie  now  lives  on  the 

22660  Ten  Mile  Eeserve. 

22661  To  White  Loon,  one  section  of  land  at  the  crossing  of  Long- 

22662  lois's  Creek,  on  the  Ten  Mile  Eeserve,  to  run  up  said  creek. 

22663  To  Francis  Godfrey,  one  section  of  laud,  to  be  located  where 

22664  he  shall  direct, 

22665  To  Xeh-wah-ling-quah,  one  section  of  land  where  he  now 

22666  lives  on  the  Ten  Mile  Eeserve. 

22667  To  La  Fountain,  one  section  of  laud  south  of  the  section  he 

22668  now  lives  on  and  adjoining  the  same,  on  the  Ten  Mile  Eeserve. 

22669  To  Seek,  one   section  of  land  south  of  the  section  of  laud 

22670  granted  to  Wa-pa-se-pah  by  the  treaty  of  1834,  on  the  Ten  Mile 

22671  Eeserve. 

22672  To  Black  Loon,  one  section  of  land  on  the  Six  Mile  Eeserve, 

22673  commencing  at  a  line  which  will  divide  his  field  on  the  Wabash 

22674  Eiver;  thence  up  the  river  one  mile  and  back  for  quantity. 

22675  To  Duck,  one  section  of  land  on  the  Wabash  Eiver  below 

22676  and  adjoining  the  section  granted  to  Black  Loon,  and  one  mile 

22677  down  said  river,  and  back  for  quantity. 

22678  To  Me-cha-ne  qua,  a  chief,  alias  Gros-mis,  one   section   of 

22679  laud  where  he  now  lives  ; 

22680  One  section  to  include  his  field  ou  the  Salamania  Eiver  ; 

22681  One  and  one  half  section  commencing  at  the  Wabash  Eiver 

22682  where  the  road  crosses  the  same  from  John  B.  Eichardville,  jr.'s; 

22683  thence  down  the   said   river  to  the  high  bank  on  Mill  Creek; 

22684  thence  back  so  as  to  include  a  part  of  the  prairie,  to  be  surveyed 

22685  as  directed  by  said  chief. 

22686  To  Tow-wah-keo-shee,  wife  of  Old  Pish-a-wa,  one  section  of 

22687  land  on  the  Wabash  Eiver  below  and  adjoining  the  half  section 

22688  granted  to  Mon-ro-sah. 

22689  To  Ko-was-see,  a  chief,  one  section  of  land,  now  Seeks  re- 

22690  serve,  to  include  his  orchard  and  improvements. 

22691  To  Bhick  Loon,  one  section  of  land  on  the  Six  Mile  Eeserve 

22692  and  on  the  Salamania  Eiver,  to  include  his  improvements. 

22693  To  the  wife  of  Benjamin,  Ah-mac  kon-zee-quah,  one  section 


508 

22694  of  land  where  she  now  lives,  near  the  prairie,  and  to  include 

22695  her  improvements,  she  being   commonly  known    as  Pichoux's 

22696  sister. 

22697  To  Pe-she-wab,  one  section  of  laud  above  and  adjoining  the 

22698  section  and  a  half  granted  to  John  B.  Richard ville  on  Flat  Rock, 
22399  (creek,)  and  to  run  one  mile  on  the  Wabash  Elver. 

22700  To  White  Raccoon,  one  section  of  land  on  the  Ten  Mile 

22701  Reserve,  where  he  may  wish  locate  the  same. 

22702  To  La  Bonde,  the  chiefs  daughter,  one  section  of  laud  on 

22703  the  Wabash  River,  below   and  adjoining  the  section  of  laud 

22704  granted  to  Francis  Godfrey,  to  be  surveyed  as  she  may  direct. 

22705  To  Ni-con-zah  one  section   of  land  on   tbe  Mississinnewa 

22706  River,  a  little  above  the  section   of  land  granted  to  the  Deaf 

22707  Man's  daughters,  and  on  the  opposite  side  of  the  river,   to 

22708  include  the  pine  or  evergreen  tree,  and  to  be  surveyed  as  he 

22709  may  direct. 

22710  To  John  B.  Richardville,  one  section  of  laud,  to  include  the 

22711  Osage  village  on  the  Mississinnewa  River,  as  well  as  the  bury- 

22712  ing  ground  of  his  family,  to  be  surveyed  as  he  may  direct. 

22713  To  Kee-ki-lash-e- we-ah  alias  Godfroy,  one  half  section  of  land 

22714  back  of  the  section  granted  to  the  principal  chief  opposite  the 

22715  town  of  Wabash,  to  include  the  creek  ;  one  half  section  of  land, 

22716  commencing  at  the  lower  corner  of  the  section  granted  to  Mais- 

22717  zi-quah,  thence  half  a  mile  down  the  Wabash  River. 

22718  To  Al-lo-lah,  one  section  of  land  above  and  adjoining  the 

22719  section  granted   to   Mais-shie-gouin-mi-zah,  and   on   the   same 

22720  creek. 

22721  To  John  B.  Richardville,  jr.,  one  section  of  laud  on  Pipe 

22722  Creek,  above  and  adjoining  the  two  sections  of  land  granted  to 

22723  the  principal  chief,  to  be  surveyed  as  he  may  direct. 

22724  To  John  B.  Richardville,  one  section  of  land  wherever  he 

22725  may  choose  to  have  the  same  located. 

22726  It  is  understood  that  all  the  foregoing  grants  are   to  be 

22727  located  and  surveyed  so  as  to  correspond  with  the  public  sur- 

22728  veys  as  near  as  may  be  to  include  the  points  designated  in  each 

22729  grant  respectively. 

22730  Articles   of  a   treaty   made  and  concluded  at   the  Forks   of  the 

22731  Wabash)  in  the  State  of  Indiana,  this  twenty-eighth  day  of 

22732  November,  in  the  year  of  our  Lord  one  thousand  eight  hundred 

22733  and  forty,  between  Samuel  Milroy  and  Allen  Hamilton,  act- 

22734  ing  (unofficially)  as  commissioners  on  the  part  of  the    United 

22735  States,  and  the  chiefs,  carriers  and  head-men  of  the  Miami 

22736  tribe  of  Indians. 

22737  ARTICLE  1.  The  Miami  tribe  of  Indians  do  hereby  cede  to 


509 


22738 

22739 

22740 

22741 

22742 

22743 

22744 

22745 

22746 

22747 

22748 

22749 

22750 

22751 

22752 

22753 

22754 

22755 

22756 

22757 

22758 

22759 

22760 

22761 

22762 

22763 

22764 

22765 

22766 

22767 

22768 

22769 

22770 

22771 

22772 

22773 

22774 

22775 

22776 

22777 

22778 

22779 

22780 

22781 

22782 

22783 


tbe  United  States  all  that  tract  of  land  on  the  south  side  of  the 
Wabash  Kiver,  not  heretofore  ceded,  and  commonly  known  as 
"  the  residue  of  the  Big  Beserve."  Being  all  of  their  remaining 
lands  in  Indiana. 

ARTICLE  2.  For  and  in  consideration  of  the  cession  afore 
said,  the  United  States  agree  to  pay  to  the  Miami  tribe  of 
Indians  the  sum  of  five  hundred  and  fifty  thousand  dollars. 
Three  hundred  thousand  dollars  of  which  sum  to  ba  set  apart, 
and  applied  immediately  after  the  ratification  of  this  treaty  and 
an  appropriation  is  made  by  Congress  to  carry  its  provisions 
into  effect,  to  the  payment  of  the  debts  of  the  tribe,  as  herein 
after  stipulated.  And  the  residue,  two  hundred  and  fifty  thou 
sand  dollars,  to  be  paid  in  twenty  equal  yearly  instalments. 

ARTICLE  3.  The  Miamies  being  desirous  that  their  just 
debts  shall  be  fully  paid,  it  is  hereby,  at  their  request,  stipulated 
that  immediately  on  the  ratification  of  this  treaty,  the  United 
States  shall  appoint  a  commissioner  or  commissioners,  who  shall 
be  authorised  to  investigate  all  claims  against  any  and  every 
member  of  the  tribe,  which  have  accrued  since  the  6th  day  of 
November,  1838,  or  which  may  accrue  before  the  date  of  the 
ratification  of  this  treaty,  without  regard  to  distinction  of  blood 
in  the  .claimant  or  claimants.  And  whose  duty  it  shall  be  to 
enquire  into  the  equity  and  legality  of  the  original  cause  of  in 
debtedness,  whether  the  same  now  is,  or  may  then  be  in  the  form 
of  judgments,  notes,  or,  other  evedence  of  debt,  and  report  for 
payment  out  of  the  money  set  apart  by  this  treaty  for  that  pur 
pose,  such  claims  only,  or  parts  of  claims,  as  shall  be  both  legal 
and  just.  And  his  or  their  award,  when  approved  by  the  Pres 
ident  of  the  United  States,  shall  be  final.  Two  hundred  and 
fifty  thousand  dollars  of  the  sum  set  apart  in  the  second  article 
of  this  treaty  shall  be  applied  to  the  payment  of  debts  con 
tracted  before  the  twenty-eighth  day  of  November,  1840 ;  and 
the  residue  of  said  sum,  after  such  debts  are  satisfied,  being- 
fifty  thousand  dollars,  to  the  payment  of  debts  contracted 
between  the  last-named  date  and  the  time  of  the  ratification  of 
this  treaty  by  the  Senate  of  the  United  States $  giving  the  pref 
erence,  in  the  application  of  said  sum  of  fifty  thousand  dollars, 
to  debts  contracted  for  provisions  and  subsistauce. 

ARTICLE  4.  It  is  further  stipulated  that  the  sum  of  twenty- 
five  thousand  dollars  be  paid  to  John  B.  Eichardville,  and  the 
sum  of  fifteen  thousand  dollars  to  the  acting  executor  of  Fran 
cis  Godfroy,  deceased,  being  the  amount  of  their  respective 
claims  against  the  tribe,  out  of  the  money  set  apart  for  the 
payment  of  their  debts  by  the  second  article  of  this  treaty. 

ARTICLE  5.  And  whereas  the  late  war  chief  (Francis  God 
froy)  bequeathed  to  his  children  a  large  estate,  to  remain  un- 


510 

22  84  sold  until  the  youngest  of  said  children  shall  arrive  at  the  age 

22785  of  twenty-one  years:  It  is  therefore  stipulated  that  the  United 

22786  States  shall  pay  to  the  family  of  said  deceased  chief  their  just 

22787  proportion  of  the  annuities  of  said  tribe,  at  Fort  Wayne,  from 

22788  and  after  the  time  the  tribe  shall  emigrate  to  the  country  as- 

22789  signed  to  them  west  of  the  Mississippi. 

22790  AETICLE  6.  It  is  further  stipulated  that  the  sum  of  two 

22791  hundred  and  fifty  dollars  shall  be  paid  annually  by  the  United 

22792  States,  and  accepted  by  the  Miamies  in  lieu  of  the  labour  stipu- 

22793  lated  to  be  furnished  by  the  fourth  article  of  the  treaty  of  the 

22794  23d  of  October,  1826,  (proclaimed  January  24, 1827,)  for  the  pur- 

22795  pose  of  preventing  the  dissatisfaction  occasioned  heretofore  in 

22796  the  distribution  of  said  labour  amongst  the  differant  bands. 

22797  ARTICLE  7.  It  is  further  stipulated  that  the  United  States 

22798  convey  by  patent  to  Me  shing-go-me-sia,  son  of  Ma-to-sin-ia,  the 

22799  tract  of  land  reserved  by  the  second  article  of  the  treaty  of  the 

22800  6th  of  November,  1838,  to  the  band  of  Ma-to-sin-ia,  to  be  held 

22801  in  trust  by  the  said  Me-shiug-go-me-zia,  for  his  baud ;  and  the 

22802  proceeds  thereof,  when  the  same  shall  be  alienated,  shall  be 

22803  equitably  distributed  to  said  band,  under  the  direction  of  the 

22804  President.    And  the  same  provision  made  in  favour  of  John  B- 

22805  Kichardville  and  family,  in  the  14th  article  of  tfre  treaty  of  the 

22806  6th  of  November,  1838,  (proclaimed  February  8, 1839,)  is  hereby 

22807  granted  and  extended  to  the  above-named  Me-shing  go-me-sia 

22808  and  to  his  brothers. 

22809  ARTICLE  8.  It  is  hereby  stipulated  that  the  Miami  tribe  of 

22810  Indiands  shall  remove  to  the  country  assigned  them  west  of  the 

22811  Mississippi,  within  five  years  from  this  dale;  the  United  States 

22812  paying  every  expence  attending  such  removal,  and  to  furnish 

22813  rations  to  said  tribe  for  twelve  months  after  their  arrival  at  said 

22814  country.    And  the  United  States  shall  also  cause  four  thousand 

22815  dollars  to  be  expended  to  the  best  advantage  in  supplying  good 

22816  merchantable  pork  and  flour  to  said  tribe,  during  the  second 

22817  year  of  their  residence  at  their  new  homes ;   which  sum  is  to 

22818  be  deducted  from  their  annuity  of  that  year. 

22819  ARTICLE  9.  It  is  further  stipulated  that  should  there  be 

22820  an  unexpended  ballance  of  the  "three  hundred  thousand  dol- 

22821  lars,"  after  the  payment  of  the  debts  of  the  tribe  as  provided  in 

22822  the  second  article  of  this  treaty,  such  ballauce  is  to  be  paid 

22823  over  to  the  Miamies  at  the  next  payment  of  annuities  after  the 

22824  amount  of  said  ballauce  shall  have  been  ascertained. 

22825  ARTICLE  10.  It  is  stipulated  and  agreed  between  the  cou- 

22826  tracting  parties  that  there  shall  be,  and  hereby  is,  granted  and 

22827  reserved  to  John  B.  Kichardville,  principal  chief,  seven  sections 

22828  of  land,  from  the  laud  ceded  in  the  first  article  of  this  treaty, 

22829  at  such  point  or  points  as  he  may  select,  (not  less  than  one  sec 


511 

22830  tion  at  any  one  point,)  to  be  conveyed  to  him  by  patent  from 

22831  the  United  States.     And  also,  in  like  manner,  one  section  of 

22832  land  to  Francis  Lafountain,  at  the  rapids  of  Wildcat,  to  be  sur- 

22833  veyed  under  his  direction. 

22834  ARTICLE  11.  Nothing  in  this  treaty  shall  be  so  construed 

22835  as  to  impair  the  force  or  validity  of  former  treaty  stipulations 

22836  existing  between  the  United  States  and  the  Miami  tribe  of  In- 

22837  dians,  not  altered  by  nor  coming  within  the  purview  of  any  of 

22838  the  provisions  of  tbis  treaty. 

22839  ARTICLE  12.    The  United  States   hereby  stipulate  to  set 

22840  apart  and  assign  to  the  Miamies,  for  their  occupancy  west  of  the 

22841  Mississippi,  a  tract  of  country  bounded  on  the  east  by  the  State 

22842  of  Missouri,  on  the  north  by  the  country  of  the  Weas  and  Kas- 

22843  kaskias,  on  the  west  by  the  Pottawatomies  of  Indiana,  and  on 

22844  the  south  by  the  land  assigned  to  the  New  York  Indians,  esti. 

22845  mated  to  contain  five  hundred  thousand  acres. 

22846  ARTICLE  13.  It  is  hereby  stipulated  that  the  United  States 

22847  provide  for  the  payment  of  the  expence  which  may  be  necessarily 

22848  incured  in  tbe  negociation  of  this  treaty. 

22840  ARTICLE  14.  This  treaty  shall  be  binding  on  the   United 

22850  States,  and  on  the  Miami  tribe  of  Indians,  from  and  after  the 

22851  date  of  its  ratification  by  the  President,  by  and  with  the  advice 

22852  and  consent  of  the  Senate    of  the  United  States.     But  if  the 

22853  same  shall  not  be  so  ratified  before  the  4th  day  of  March  next, 

22854  it  shall  be  of  no  binding  force  or  validity. 

22855  ARTICLE  15.  We,  the  chiefs,  warders,  and  head-men  of  the 

22856  Miami  tribe  of  Indians,  having  examined  and  considered  the 

22857  foregoing  articles,  after  the  same  had  been  interpreted  and  ex- 

22858  plained  to  us  to  our  satisfaction,  do  hereby  agree  and  request 

22859  that  the  said  articles  shall  be  taken  and  held  as  a  treaty  between 

22860  the  parties  thereto;  and  when  ratified  as  provided  in  the  last 

22861  preceding  article,  be  binding  on  our  tribe,  and  on  the  United 

22862  States,  as  fully  to  all  intents  and  purposes  as  though  the  same 

22863  had  been  officially  and  formally  made  on  the  part  of  the  United 

22864  States. 

22865  Proclaimed  June  7,  1841. 

22866  FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 

22867  to  all  and  singular  to  whom  these  presents  shall   come, 

22868  greeting: 

22869  Whereas  a  treaty  was  made  and  concluded  on  the  fifth  day 

22870  of  June,  eighteen  hundred  and  fifty-four,  between  George  W. 

22871  Manypenny,  commissioner  on  the  part  of  the  United  States,  and 

22872  the  following-named  delegates,  representing  the  Miami  tribe  of 

22873  Indians,  viz :  Nah-we-lan-quah,  or  Big  Legs ;  Ma-cat  a-chin-quah, 

22874  or  Little  Doctor ;  Lan-a-pin-chah,  or  Jack  Hackley;  So-ne-lan- 


512 

22875  gish-eah,  or  John  Bowrie;  and  Wan-zop-e-ah,  they  being  thereto 

22876  duly  authorized  by  said  tribe ;  and  Me-shiu-go-me  zia,  Po-con- 

22877  ge  ah,  Pim-yi-oh-te-inah,  Wop-pop-pe-tah,  or  Boncly,  and  Ke  ah- 

22878  cot-woh,  or  Buffalo,  Miami  Indians,  residents  of  the  State  of 

22879  Indiana,  being  present,  and  assenting,  approving,  and  agreeing 

22880  to,  and  confirming  said  articles  of  agreement  and  convention; 

22881  which  treaty  is  in  the  words  following,  to  wit: 

22882  Articles  of  agreement  and  convention  made  and  concluded  at 

22883  the  city  of  Washington,  this  fifth  day  of  June,  one  thou- 

22884  sand  eight  hundred  and  fifty-four,  between  George  W.  Many- 

22885  penny,  commissioner  on  the  part  of  the  United  States,  and 

22886  the  following-named  delegates  representing  the  Miami  tribe 

22887  of  Indians,  viz:  Nah-we-lan-quah,  or  Big  Legs;   Ma-cat-a- 

22888  chin-quah,  or  Little  Doctor;  Lau-a-pin-cha,  or  Jack  Hackley ; 

22889  So-ne-lan-gish-eah,  or  John  Bowrie ;  and  Wan-zop-e-ah,  they 

22890  being  thereto  duly  authorized  by  said  tribe;  and  Me-shin- 

22891  go-me-zia,  Po  con-ge-ah,  Pim-yi-oh-te-mah,  Wop-pop  pe-tah, 

22892  or  Boudy,  and  Ke-ah-cot-woh,  or  Buffalo,  Miami  Indians, 

22893  residents  of  the  State  of  Indiana,  being  present,  and  asseut- 

22894  ing,  approving,  agreeing  to,  and  confirming  said  articles  of 

22895  agreement  and  convention. 

22896  ARTICLE  1.  The  said  Miami  Indians  hereb}7  cede  and  con- 

22897  vey  to  the  United  States  all  that  certain  tract  of  country  set 

22898  apart  and  assigned  to  the  said  tribe  by  the  article  added  by  the 

22899  Senate  of  the  United  States,  by  resolution  of  the  date  of  Feb- 

22900  ruary  twenty-fifth,  one  thousand  eight  hundred  and  forty-one,  to 

22901  the  treaty  of  November  twenty-eighth,  one  thousand  eight  hun- 

22902  dred  and  forty,  and  denominated  among  the  amendments  of  the 

22903  Senate  as  "Article  12,"  which  was  assented  to  by  said  Indians, 

22904  on  the  fifteenth  day  of  May,  one  thousand  eight  hundred  and 

22905  forty-one;  which  tract  is  designated  in  said  article  as  "bounded 

22906  on  the  east  by  the  State  of  Missouri,  and  on  the  north  by  the 

22907  country  of  the  Weas  and  Piaukeshaws,  on  the  west  by  the  Pot- 

22908  towatomies  of  Indiana,  and  on  the  south  by  the  land  assigned 

22909  to  the  New  York  Indians,  estimated  to  contain  five  hundred 

22910  thousand  acres,"  excepting  and   reserving  therefrom  seventy 

22911  thousand  acres  for  their  future  homes,  and  also  a  section  of  six 

22912  hundred  and  forty  acres  for  school  purposes,  to  be  selected  and 

22913  assigned  to  said  tribe  as  hereinafter  provided. 

22914  ARTICLE  2.  The  United  States  shall,  as  soon  as  it  can  con- 

22915  veniently  be  done,  cause  the  lands  herein  ceded  and  reserved  to 

22916  be  surveyed,  as  the  Government  lands  are  surveyed,  the  Miamis 

22917  bearing  the  expense  of  survey  of  the  reserved  land;  and,  within 

22918  four  months  after  the  approval  of  such  surveys,  each  individual 

22919  or  head  of  a  family  of  the  Miami  tribe,  now  residing  on  said 

22920  lands,  shall  select,  if  a  single  person,  two  hundred  acres;  and 


513 

22921  if  the  head  of  a  family,  a  quantity  equal  to  two  hundred  acres 

22922  for  each  member  of  the  family;    which  selections  shall  be  so 

22923  made  as  to  include  in  each  case,  as  far  as  practicable,  the  present 
','2924  residences  and  improvements  of  each  person  or  family,  and, 

22925  where  it  is  not  practicable,  the  selection  shall  fall  on  lands  in 

22926  the  same  neighborhood.     And  if,  by  reason  of  absence  or  other- 
22927'   wise,  any  single  person,  or  head  of  a  family,  entitled  to  land  as 

22928  aforesaid,  shall  fail  to  make  his  or  her  selection  within  the  period 

22929  prescribed,  the  chiefs  of  the  tribe  shall  proceed  to  select  the 

22930  lands  for  those  thus  in  default.     The  chiefs  shall  also  select  the 

22931  six  hundred  and  forty  acres  hereinbefore  reserved  for  tbeir 

22932  school,  to  include  the  buildings  erected  for  school  purposes,  and 

22933  to  embrace  a  sufficient  portion  of  timber-land.     After  all  of  the 

22934  before-named  selections  shall  have  been  made,  the  said  chiefs 

22935  shall  further  proceed  to  select,  in  a  compact  body,  and  contiguous 
2293G  to  the  individual  reservations,  the  residue  of  the  seventy  thou- 

22937  sand  acres  accepted  and  reserved  by  the  preceding  article,  which 

22938  body  of  land  shall  be  held  as  the  common  property  of  the  tribe, 

22939  but  uaa3T,  at  any  time,  when  the  chiefs  and  a  majority  of  the 

22940  tribe  request  it,  be  sold  by  the  President,  in  the  manner  that 

22941  public  lands  of  the  United  States  are  sold,  and  the  proceeds, 

22942  after  deducting  the  expense  of  such  sale,  be  paid  to  the  tribe, 

22943  under  the  direction  of  the  President,  and  in  such  mode  as  he 

22944  may  prescribe:  Provided,  That  if  any  single  person,  or  family 

22945  entitled  to  land,  shall  have  been  overlooked,  or  wrongfully 

22946  excluded,  and  shall  make  the  fact  appear  to  the  satisfaction  or 

22947  the  chiefs,  such  person  or  family  may,  with  the  approbation  of 

22948  the  Commissioner  of  Indian  Affairs,  receive  their  quantity,  by 

22949  the  rule  prescribed  in  this  article,  out  of  the  tract  to  be  thus 

22950  selected  and  held  as  the  common  property  of  the  tribe.    All  the 

22951  selections  herein  provided  for  shall,  as  far  as  practicable,  be  made 

22952  in  conformity  with  the  legal  subdivisions  of  United  States  lands, 

22953  and  immediately  reported  to  the  agent  of  the  tribe,  with  apt 

22954  descriptions  of  the  same,  and  the  President  may  cause  patents 

22955  to  issue  to  single  persons  or  heads  of  families  for  the  lands 

22956  selected  by  or  for  them,  subject  to  such  restrictions  respecting 

22957  leases  and  alienation  as  the  l^resideut  or  Congress  of  the  United 

22958  States  may  impose ;  and  the  lands  so  patented  shall  not  be  liable 

22959  to  levy,  sale,  execution,  or  forfeiture:  Provided,  That  the  legis- 

22960  lature  of  a  State  within  which  the  ceded  country  may  be  here- 

22961  after  embraced  may,  with  the  assent  of  Congress,  remove  these 

22962  restrictions.     When  selections  are  so  made,  or  attempted  to  be 

22963  made,  as  to  produce  injury  to,  or  controversies  between,  indi-  ' 

22964  viduals,  which  cannot  be  settled  by  the  parties,  the  matters  of 

22965  difficulty  shall  be  investigated  and  decided  on  equitable  terms, 

65  I  T 


514 

22966  by  the  chiefs  of  the  tribe,  subject  to  appeal  to  the  agent,  whose 

22967  decision  shall  be  final. 

22968  ARTICLE  3.  In  consideration  of  the  cession  hereinbefore 

22969  made,  the  United  States  agree  to  pay  to  the  Miami  tribe  of  In- 

22970  dians  the  sum  of  two  hundred  thousand  dollars,  in  mariner  as 

22971  follows,  viz:  Twenty  annual  instalments  of  seven  thousand  five 

22972  hundred  dollars  each,  the  first  payable  on  the  first  day  ofNOcto- 

22973  ber,  one  thousand  eight  hundred  and  sixty,  and  the  remainder 

22974  to  be  paid  respectively  on  the  first  day  of  October  of  each  suc- 

22975  ceeding  year,  until  the  whole  shall  have  been  paid;  and  the  re- 

22976  maining  fifty  thousand  dollars  shall  be  invested  by  the  Presi- 

22977  dent  in  safe  and  profitable  stocks,  the  interest  thereon  to  be  ap- 

22978  plied,  under  his  direction,  for  educational  purposes,  or  such 

22979  objects  of  a  beneficial  character,  for  the  good  of  the  tribe,  as 

22980  may  be  considered  necessary  and  expedient ;    and,  hereafter, 

22981  Avhenever  the  President  shall  think  proper,  the  sum  thus  pro- 

22982  vided  to  be  invested  may  be  converted  into  money,  and  the 

22983  same  paid  to  the  tribe  in  such  manner  as  he  may  judge  to  be 

22984  best  for  their  interests.     No  part  of  the  moneys  in  this  or  the 

22985  preceding  article  mentioned  shall  ever  be  appropriated  or  paid 

22986  to  the  persons,  families,  or  bands,  who,  by  the  fourteenth  article 

22987  of  the  treaty  of  November  sixth,  one  thousand  eight  hundred 

22988  and  thirty-eight,  by  the  fifth  and  seventh  articles  of  the  treaty 

22989  of  November  twenty-eight,  one  thousand  eight  hundred  and 

22990  forty,  or  by  virtue  of  two  resolutions  of  Congress,  approved 

22991  March  third,  one  thousand  eight  hundred  and  forty-five,  and 

22992  May  first,  one  thousand  eight  hundred  and  fifty,  or  otherwise, 

22993  are  permitted  to  draw  or  have  drawn,  in  the  State  of  Indiana, 

22994  their  proportion  of  the  annuities  of  the  Miami  tribe. 

22995  ARTICLE  4.   It  is  agreed  that  the  remaining  instalments 

22996  of  the  limited  annuity  of  twelve   thousand  five  hundred  dol- 

22997  lars,  stipulated  to  be  paid  by  the  second  article  of  the  treaty 

22998  of  November   twenty-eight,  one  thousand  eight    hundred  and 

22999  foity,  shall    be  divided   and   paid    to  the   said   Indians  here- 

23000  after  as  follows:    to  the  Indiana  Miamis,  six  thousand  eight 

23001  hundred  and  sixty-three  dollars  and  sixty-four  cents,  and  to 

23002  the  Western  Miamis,  five  thousand  six  hundred  and  thirty- six 

23003  dollars   and   thirty-six   cents,    per   annum  ;   subject,  however, 

23004  to  the  deductions  provided  for  in  the  sixth  article  of  this  iu- 

23005  strument;     and   that    the    permanent    annuity    stipulated    in 

23006  the  fifth  article  of  the  treaty  of  October  sixth,  one  thousand 

23007  eight  hundred   and  eighteen,  as  modified   by  the  fifth  article 

23008  of   the   treaty  of   October   twenty-third,  one   thousand    eight 

23009  hundred    and   thirty-four,  for   a  blacksmith  and   miller,  shall 

23010  be   continued   for   the  benefit  of  said  Western    Miamis;    but 

23011  the  said  Miami    Indians    hereby  relinquish   and  forever  ab- 


515 


23012 
23013 
23014 
23015 
23016 
23017 
23018 
23019 
23020 
23021 
23022 
23023 
23024 
23025 
23026 
23027 
23028 
23029 
23030 
23031 
23032 
23033 
23034 
23035 
23036 
23037 
23038 
23039 
23040 
23041 
23042 
23043 
23044 
23045 
23046 
23047 
23048 
23049 
23050 
23051 
23052 
23053 
23054 
23055 
23056 
23057 


solve  the  United  States  from  the  payment  of  the  perma 
nent  annuity  of  twenty-five  thousand  dollars,  stipulated  in  the 
fourth  article  of  the  treaty  of  October  twenty-third,  one  thousand 
eight  hundred  and  twenty-six,  of  the  permanent  provisions  for 
money  in  lieu  of  laborers,  for  agricultural  assistance,  for  tobacco, 
iron,  steel,  and  salt,  and  from  the  payment  of  any  and  all  other 
annuities  of  every  kind  or  description,  if  any  there  be,  to  which 
said  Indians  may  now  be  entitled  by  virtue  of  the  stipulations 
of  any  former  treaty  or  treaties  ;  and  they  also  release  and  dis 
charge  the  United  States  from  all  claims  or  damages  on  account 
of  the  non-fulfilment  of  the  stipulations  of  any  former  treaties, 
or  of  injuries  to  or  destruction  or  loss  of  property  by  the  wrong 
ful  acts  of  citizens  or  agents  of  the  United  States  or  otherwise ; 
and  in  consideration  of  the  relinquishmeuts  and  releases  afore 
said,  the  United  States  agree  to  pay  to  the  said  Miami  Indians 
the  sum  of  four  hundred  and  twenty-one  thousand  four  hundred 
and  thirty-eight  dollars  and  sixty-eight  cents,  in  manner  as  fol 
lows,  viz  :  one  hundred  and  ninety  thousand  four  hundred  and 
thirty-four  dollars  and  sixty-eight  cents  to  the  Miami  Indians  re 
siding  on  the  ceded  laud;  and  two  hundred  and  thirty-one  thousand 
and  four  dollars,  to  the  Miami  Indians  in  the  State  of  Indiana; 
to  be  paid  under  the  direction  of  the  President,  and  in  such  man 
ner  and  for  such  objects  as  he  may  prescribe,  in  six  equal  annual 
instalments,  the  first  of  which  shall  be  paid  in  the  month  of 
October,  one  thousand  eight  hundred  and  fifty-four.  And  in 
full  payment  and  satisfaction  of  a  balance  of  eight  thousand  dol 
lars  and  sixty-eight  cents,  heretofore  appropriated  by  Congress  to 
pay  for  the  valuation  of  certain  improvements,  or  to  make  others 
in  lieu  of  them,  but  which,  not  having  been  expended,  has  gone 
to  the  surplus  fund;  and  of  the  accumulation  of  the  appropria 
tions  for  the  support  of  the  poor  and  infirm,  and  the  education 
of  the  youth  of  the  tribe,  as  provided  by  the  treaties  of  October 
twenty-third,  one  thousand  eight  hundred  and  twenty-six,  and 
November  sixth,  one  thousand  eight  hundred  and  thirty-eight, 
amounting  to  fourteen  thousand  two  hundred  and  twenty-three 
dollars  and  fifty  cents  ;  and  of  the  claims  of  theMiamis  who  live 
on  the  ceded  land,  for  damages  and  loss  of  stock  and  other  prop 
erty,  caused  by  their  removal  west,  and  their  subsequent  loss  by 
removal  from  Sugar  Creek,  it  is  agreed  that  the  United  States 
will  pay  to  the  Miami  Indians  residing  on  said  ceded  lands  the 
sum  of  thirty  thousand  dollars,  to  be  paid  as  follows,  viz  :  fourteen 
thousand  two  hundred  and  twenty-three  dollars  and  fifty  cents, 
in  three  equal  annual  instalments,  the  first  of  which  shall  be 
paid  in  the  month  of  October,  one  thousand  eight  hundred  and 
fifty-four ;  and  the  sums  of  eight  thousand  dollars  and  sixty-eight 
cents,  in  lieu  of  the  improvement  money  referred  to,  and  seven 


516 

23058  thousand  seven  hundred  and  seventy-five  dollars  and  eighty- two 

23059  cents,  being  the  residue  of  said  amount  of  thirty  thousand  dol- 

23060  Jars,  shall  be  paid  immediately  after  the  requisite  appropriation 
230G1  shall  have  been  made :  Provided,  That  the  said  sum  of  eight 
230G2  thousand  dollars  and  sixty-eight  cents  shall  be  paid  to  the  per- 

23063  sons  who  are  entitled  to  the  same,  as  far  as  that  may  be  prac- 

23064  ticable ;  and  the  seven  thousand  seven  hundred  and  seventy-five 

23065  dollars  and  eighty-two  cents  shall  be  paid  to  such  of  the  Miamis 

23066  west  as  have  lost  stock  or  other  property  by  wrongful  acts  of 

23067  citizens  of  the  United  States,  while  in  the  Indian  country,  and 

23068  to  those  who  were  injured  by  the  loss  of  improvements  in  their 

23069  removal  from  Sugar  Creek  to  their  present  home.     The  claim- 

23070  ants,  in  all  cases,  to  file  their  demands  with  the  chiefs  within  six 

23071  months  after  the  ratification  of  this  instrument  5  and  if  the  ag- 

23072  gregate  sum  of  the  lawful  claims  exceeds  the  amount  of  the 

23073  fund,  the  claims  shall  be  reduced  by  a  uniform  rule,  so  that  each 

23074  claimant  shall  receive  his  pro  rata;  but  if  it  fall  within  the 

23075  amount  of  said  fund,  the  excess  shall  be  paid  to  the  tribe  as  an. 

23076  nuities  are  paid.     Any  person  aggrieved  by  the  decision  of  the 

23077  chiefs  may  appeal  to  the  agent:  "Provided,  however.  That  if  the 

23078  Miami  Indians  of  the  State  of  Indiana  desire  it,  and  notify  the 

23079  Secretary  of  the  Interior  of  that  fact,  he  will  cause  the  said  sum 

23080  of  two  hundred  and  thirty-one  thousand  and  four  dollars  to  be  in- 

23081  vested  for  them  in  safe  stocks,and  pay  over  annually  to  said  Indians 

23082  the  interest  arising  from  such  investment,  and  the  said  Miami 

23083  Indians  now  present  from  the  State  of  Indiana  agree  to  take  the 

23084  opinion  of  their  people  on  their  return  home,  and  advise  theDe- 

23085  partment  without  delay." 

23086  The  sum  of  two  hundred  and  thirty-one  thousand  and  four 

23087  dollars    hereby    stipulated   to  be   paid    to    Miami  Indians   of 

23088  Indiana  shall  be  held  by  the  United  States  for  said  last-named 

23089  Indians,  and  by  the  Government  invested,  as  the  President 

23090  may  direct,  at  an  interest  of  five  per  cent,  per  annum,  and 

23091  which  interest  shall  be  paid  annually,  for  the  period  of  twenty- 

23092  five  years,  to  the  said  Miami  Indians  of  Indiana,  and  at  the  ex- 

23093  piration  of  that  time,  or  sooner  if  required  by  them  and  ap- 

23094  proved  by  the  President,  the  principal  sum  to  be  paid  in  full,  the 

23095  United  States  being  directly  responsible  therefor  ;   said  invest- 

23096  meut  to  be  made  and  the  interest  thereon  to  commence  accruing 

23097  the  first  day  of  July,  eighteen  hundred  and  fifty-five,  and  thence 

23098  to  continue:  Pro vided,  That  no  persons   other  than   those  em- 

23099  braced  in  the  corrected  list  agreed  upon  by  the  Miamis  of  In- 

3100  diana,  in  the  presence  of  the  Commissioner  of  Indian  Affairs,  in 

3101  June,  eighteen  hundred  and  fifty-four,  comprising  three  hundred 
and  two  names  as  Miami  Indians  of  Indiana,  and  the  increase 

23103  of  the  families  of  the  persons  embraced  in  said  corrected  list, 


517 


23104  shall  be  recipients  of  the  laments,  annuities,  commutation 

23105  moneys  and  interest  hereby  stipulated  to  be  paid  to  the  Miami 

23106  Indians  of  Indiana,  unless  other  persons  shall  be  added  to  said 

23107  list  by  the  consent  of  the  said  Miami  Indians  of  Indiana,  ob- 

23108  tained  in  council  according  to  the  custom    of   Miami  tribe  of 

23109  Indians:  Provided,  That  the  sum  of  nine  thousand  seven  hun- 

23110  dred  and  forty-six  dollars  and  fourteen  cents  shall  immediately 

23111  be  paid  out  of  said  sum  of  two  hundred  and  thirty-one  thousand 

23112  and  four  dollars  (and  deducted  from  the  same)  to  the  following 

23113  persons,   who  are  a  portion  of  the  Miami  tribe  of  Indians  re- 

23114  siding  in  Indiana,  and  in  the  following  manner:  seven  thousand 

23115  six  hundred  and  eighty-nine  dollars  and  twenty-two  cents  to  the 

23116  family  of  Jane  T.  Griggs,  consisting  of  herself  and  six  children, 

23117  to  wit,  ^  Warren  A — ,  Charles  F — ,  Anthony  W — ,  Ann   Eliza—, 

23118  Martha  Jane,  and  Maria  Elizabeth  Griggs,  which  sum  may  be 

23119  paid  to  the  said  Jane  T.  Griggs,  and  her  husband   John   II. 

23120  Griggs,  the  father  of  said  children,  or  to  either  of  them  ;  and 

23121  the  sum   of  two  thousand  and  fifty-six  dollars  and   ninety-two 

23122  cents  to  Sash-o-quash  and  his  wife,  E-leu-e-pish-o  quash,  which 

23123  may  be  paid  to  the  said  Sash-o-quash,  it  being  understood  that 

23124  the  said  Griggs  family  have  drawn  but  one  annuity  for  the  last 

23125  eight  years,  the  others  having  been  paid  to  the  balance  of  the 

23126  tribe  ;  which  sum  of  nine  thousand  seven  hundred  and  forty-six 

23127  dollars  and  fourteen  cents  is  to  be  in  full  payment  and  satisfac- 

23128  tion  of  all  sums  of  money  that  may  be  due,  owing,  or  coming  to 

23129  said  two  families,  by  virtue  of  this  and  all  former  treaties  on 

23130  account  of  their  being  of  the  Miami  tribe  of  Indians  or  other- 

23131  wise. 

23132  The  Miami  Indians  of  Indiana  being  now  represented  in 

23133  Washington  by  a  fully  authorized  deputation,  and  having  re- 

23134  quested  the  foregoing  amendments,  the  same  are  binding  on 

23135  them;  but  these  amendments  are  in  no  way  to  affect  or  impair 

23136  the   stipulations  in  said  treaty  contained  as  to  the  Miamis  west 

23137  of  the  Mississippi,  the  said  amendments  being   final  and  net 

23138  required  to  be  submitted  to  the  Miamis  for  their  consent. 

23139  And  the  sum  of  two  thousand  two  hundred  dollars  is  here- 

23140  by  directed  to  be  paid  to  the  said  Indians  residing  in  the  State 

23141  of  Indiana,  for  time  employed  and  money  expended  in  assisting 

23142  to  make  this  treaty,  which  maybe  paid  to  James  T.  Miller,  their 

23143  interpreter,  and  Tyn-yi-oh-te-mah,  or  to  either  of  them,  to  be 

23144  divided  among  said  Indians  according  to  justice  and  equality. 

23145  ARTICLE  5.  It  is  hereby  understood  and  agreed,  respecting 

23146  the  permanent  annuity  of  twenty-five  thousand  dollars,  that  the 

23147  said  Indians  shall  receive  the  same  for  the  years  eighteen  hun- 

23148  dred  and  fifty-four  and  eighteen  hundred  and  fifty-five,  but  no 

23149  longer.     It  is  also  understood  and  agreed   (the  Miamis  west 


518 

23150  consenting)  that  as  the  Miamis  of  Indiana  have  had  no  share  of 

23151  the  iron,  steel,  salt,  tobacco,  and  so  forth,  given  under  treaty 

23152  stipulations,  and  that  as  there  is  now  in  the  Treasury  under  those 

23153  heads  of  appropriation  an  unexpended  balance  of  four  thousand 

23154  and  fifty-nine  dollars  and  eight  cents,  they  shall  have  and  re- 

23155  ceive  said  amount — and  that  the  said  annuity  of  twenty-five 

23156  thousand  dollars  for  said  two  years   shall  be  divided  between 

23157  the  Miamis  of  Indiana  and  those  west  of  Missouri,  in  the  same 

23158  proportion  as  the  annuity  of  twelve  thousand  five  hundred  dol- 

23159  lars  is  divided  in  the  preceding  article. 

23160  ARTICLE  6.  The  United  States  having  advanced,  in  pur- 

23161  suauce  of  a  provision  of  the  act  of  Congress  approved  August 

23162  thirtieth,  one  thousand  eight  hundred  and  fifty-two,  entitled 

23163  "An  act  making  appropriations  for  the  current  and  contingent 

23164  expenses  of  the  Indian  Department,"  &c.,  the  sum  of  twelve 

23165  thousand  four  hundred  and  thirty-seven  dollars  and  six  cents  to 

23166  the  Miami  Indians,  for  the  payment  of  an  amount  due  to  the 

23167  Eel  Kiver  band  that  had  been  erroneously  paid  to  the  u  Miami 

23168  Nation ;"  and  the  sum  of  one  thousand  five  hundred  and  fifty  - 

23169  four  dollars   and   sixty-three    cents   only,   having,   since   said 

23170  advance,  been  withheld  by  the  United  States,  as  a  re-imburse- 

23171  ment  in  part  therefor,  and  there  being  still  due  to  the  United 

23172  States,  on  account  thereof,  the  sum  of  ten  thousand  eight  hun- 

23173  dred  and  eighty-two  dollars  and  forty-three  cents,  it  is  hereby 

23174  agreed  that  said  balance  shall  be  re-imbursed  fully  to  the  United 

23175  States  out  of  the  limited  annuity  of  twelve  thousand  five  hun- 

23176  dred  dollars,  before  mentioned  in  this  instrument,  in  the  manner 

23177  and  proportions  following;  that  is  to  say,  out  of  said  annuity 

23178  for  the  year  one  thousand  eight  hundred  and  fifty-four,  and  each 

23179  of  the  five  consecutive  years,  there  shall  be  retained  from  the 

23180  portion  to  be  paid  in  those  years  to  the  Miamis  of  Indiana,  the 

23181  sum  of  eight  hundred  and  fifty-three  dollars  and   sixty-three 

23182  cents,  and  from  the  portion  to  be  paid  to  the  Miamis  west,  the 

23183  sum  of  seven  hundred  dollars  and  ninety-nine  cents,  and  in  the 

23184  year  one  thousand  eight  hundred  and  sixty,  from  the  portion 

23185  due  the  Miamis  of  Indiana,  the  sum  of  eight  hundred  and  fifty  - 

23186  three  dollars  and  sixty-eight  cents,  and  from  the  portion  due 

23187  those  west,  the  sum  of  seven  hundred  and  one  dollars  and  three 

23188  cents. 

23189  ARTICLE  7.  Citizens  of  the  United  States  or  other  persons 

23190  not  members  of  said  tribe  shall  not  be  permitted  to  make  loca- 

23191  tions  or  settlements  in  the  ceded  country,  until  after  the  selec- 

23192  tious  hereinbefore  provided  for  have  been  made  ;  and  the  pro- 
33193  visions  of  the  act  of  Congress  approved  March  third,  one  thou- 
23194  sand  eight  hundred  and  seven,  in  relation  to  lands  ceded  to  the 


519 

23195  United  States,  shall,  so  far  as  the  same  are  applicable,  be  ex- 

23196  tended  to  the  lands  herein  ceded. 

23197  ARTICLE  8.  The  debts  of  Indians  contracted  in  their  private 

23198  dealings  as  individuals,  whether  to  traders  or  otherwise,  shall 

23199  not  be  paid  out  of  the  general  fund.    And  should  any  of  said 

23200  Indians  become   intemperate  or  abandoned,  and   waste   their 

23201  property,  the  President  may  withhold  any  moneys  due  or  paya- 

23202  ble  to  such,  and  cause  them  to  be  paid,  expended,  or  applied,  so 

23203  as  to  ensure  the  benefit  thereof  to  their  families. 

23204  ARTICLE  9.  The  said  Indians  promise  to  renew  their  efforts 

23205  to  prevent  the  introduction  and  use  of  ardent  spirits  in  their 

23206  country,  to  encourage  industry,  thrift,  and  morality,  and  by 

23207  every  possible  means  to  promote  their  advancement  in  eiviliza- 

23208  tiou.     They  desire  to  be  at  peace  with  all  men,  and  they  bind 

23209  themselves  not  to  commit  depredations  or  wrong  upon  either  Iri- 

23210  dians  or  citizens;  and  should  difficulties  at  any  time  arise,  they 

23211  will  abide  by  the  laws  of  the  United  States  in  such  cases  made 

23212  and  provided,  as  they  expect  to  be  protected,  and  to  have  their 

23213  rights  vindicated  by  those  laws. 

23214  ARTICLE  10.  It  is  agreed  that  all  roads  and  highways,  laid 

23215  out  by  authority  of  law,  shall  have  right  of  way  through  the 

23216  lauds  herein  reserved,  on  the  same  terms  as  are  provided  by  law 

23217  when  roads  and  highways  are  made  through  lands  of  citizens  of 

23218  the  United  States;  and  railroad  companies,  when  the  lines  of 

23219  their  roads  necessarily  pass  through  the  lands  of  the  said  Iii- 

23220  dians,  shall  have  right  of  way  on  the  payment  of  a  just  com- 

23221  pensation  therefor  in  money. 

23222  ARTICLE  11.  The  object  of  this  instrument  beiug  to  advance 

23223  the  interests  of  said  Indians,  it  is  agreed,  if  it  prove  insuffi- 

23224  cient,  from  causes  which  cannot  now  be  foreseen,  to  effect  these 

23225  ends,  that  the  President  may,  by  and  with  the  advice  and  con- 

23226  sent  of  the  Senate,  adopt  such  policy  in  the  management  of 

23227  their  affairs  as,  in  his  judgment,  may  be  most   beneficial  to 

23228  them  ;  or  Congress  may,  hereafter,  make  such  provision  by  law 

23229  as  experience  shall  prove  to  be  necessary. 

23230  ARTICLE  12.  It  is  agreed  that  the  first  instalment  of  the 

23231  fourteen  thousand  two  hundred  and  twenty-three  dollars  and 

23232  fifty  cents,  mentioned  in  the  fourth  article,  being  the  accuinula- 

23233  tion  of  the  poor,  infirm,  and  education  fund,  shall  be  applied, 

23234  under  the  direction  of  the  President,  to  purposes  of  education  ; 

23235  and  that  a  sufficient  sum  shall  annually  be  set  apart  out  of  the 

23236  payments  to  the  Miamis  west  of  Missouri,  so  long  as  any  of  the 

23237  annuities  herein  provided  for  shall  continue,  to  be  expended  un- 

23238  der  the  direction  of  the  chiefs,  for  the  support  of  the  poor  and 

23239  infirm,  and  for  defraying  any  expenses  of  the  tribe  of  a  civil 

23240  nature. 


520 

23241  ARTICLE  13.  It  is  hereby  agreed  that  the  sum  of  six  thou- 

23242  sand  five  hundred  dollars  may  be  set  apart  from  each  of  the  first 

23243  four  annual  payments  to  be  made  to  the  Miamis  west,  and  ap- 

23244  plied,  as  far  as  it  may  be  necessary,  to  the  settlement  of  their 

23245  affairs.     It  is  also  agreed  that  so  much  as  may  be  necessary  for 
2324G  the  repair  of  their  mill  and  school-house  shall  be  set  apart  from 

23247  any  fund  now  on  hand  belonging  to  said  Indians,  or  be  taken 

23248  from  any  of  the  first  instalments  in  this  instrument  provided 
23240  for. 

23230  ARTICLE  14.  This  instrument  shall  be  obligatory  on  the 

23251  contracting  parties  whenever  the  same  shall  be  ratified  by  the 

23252  President  and  the  Senate  of  the  United  States. 

23253  Proclaimed  August  4,  1354. 


23254  MIAMIS— EEL  RIVER,  Oil  THORNTOWN   PARTY. 

23255  Articles  of  a  treaty  made  and  concluded  at  the  Wyandot  village,  near 

23256  the  Wabash,  in  the  State  of  Indiana,  between  John  Tipton, 

23257  commissioner  for  that  purpose,  on  the  part  of  the  United  States, 

23258  and  the  chiefs,  head-men,  and  warriors  of  the  Eel  River  or 
23250  Thorntown  party  of  Miam  i  Indians. 

232GO  ARTICLE  1.  The  chiefs,  head-men,  and  warriors  of  the  Eel 

23261  River  or  Thorutown  party  of  Miami  Indians,  agree  to  cede,  and 

23262  by  these  presents  do  cede  and  relinquish  to  the  United  States, 

23263  all  their  right,  title,  and  claim  to  a  reservation  of  land  about  ten 

23264  miles  square,  at  their  village  on  Sugartree  Creek  in  Indiana, 

23265  which  was  reserved  to  said  party  by  the  second  article  of  a 

23266  treaty  between  commissioners  of  the  United  States  and  the 

23267  Miami  Nation  of  Indians,  made  and  entered  into  at  St.  Mary's 

23268  in  the  State  of  Ohio,  on  the  sixth  day  of  October,  one  thousand 
23260  eight  hundred  and  eighteen,  (proclaimed  January  15,  1810.) 

23270  It  is  understood  and  agreed  on  by  said  Indians  that  they 

23271  will  not  burn  or  destroy  the  houses  or  fences  on  said  reservation, 

23272  and  that  they  will  leave  them  in  as  good  condition  as  they  now 

23273  are,  and  remove  to  the  five-mile  reservation  on  Eel  River  by  the. 

23274  fifteenth  day  of  October  next. 

23275  ARTICLE  2.  The  commissioner  of  the  United    States  has 

23276  delivered  to  said  party  of  Indians  g:oods  to  the  value  of  two 

23277  thousand  dollars,  in  part  consideration  for  the  cession  herein 

23278  made  ;  and  it  is  agreed  that  in  case  this  treaty  should  be  ratified 
23270  bythePresidentand  Senateof  the  United  States,  that  the  United 

23280  States  shall  pay  said  party  an  additional  sum  of  eight  thousand 

23281  dollars  in  goods  next  summer,  build  twelve  log-houses,  ten  on 

23282  the  five-mile  reservation,  and  two  on  the  Wabash  ;  clear  and 


521 

23283  fence  forty  acres  of  land  on  the  five-mile  reservation,  furnish 

23284  them  one  wagon  and  two  yoke  of  oxen,  furnish  two  hands  to 

23285  work  three  months  in  each  year  for  two  years,  five  hundred  dol- 
2328G  lars'  worth  of  provisions  delivered  on  the  Wabash  ;  furnish  them 

23287  five  horses,  five  saddles,  and  five  bridles  :  Provided,  however,  That 

23288  if  this  treaty  should  not  be  ratified  by  the  President  and  Senate 

23289  of  the  United  States,  that  said  party  agree  to  pay,  for  the  goods 

23290  this  day  received,  two  thousand  dollars,  to  be  deducted  from 

23291  their  annuity  for  this  present  year. 

23292  ARTICLE  3.  At  the  request  of  the  Indians,  and  in  part  con- 

23293  sideration  for  the  cession  aforesaid,  the  United  States  agree  to 

23294  pay  to  Peter  Langlois  one  thousand  dollars  in  sihrer,  and  three 

23295  thousand  dollars  in  goods  next  summer,  for  provisions  and  goods 

23296  heretofore  delivered  to  said  party. 

23297  ARTICLE  4.  The  United  States  agree  to  appropriate  one 

23298  thousand  dollars  per  year  for  five  years,  and  longer  if  Congress 

23299  think  proper,  to  be  applied,  under  the  direction  of  the  President, 

23300  to  the  education  of  the  youths  of  the  Miami  Nation. 

23301  ARTICLE  5.  It  is  distinctly  understood  and  agreed  on  by 

23302  and  between  the  contracting  parties,  that  the  President  and 

23303  Senate  may,  if  they  think  proper,  modify  or  expunge  from 

23304  this  treaty  the  fourth  article,  without  affecting  any  other  of  its 

23305  provisions. 

23306  ARTICLE  6.  This  treaty,  after  the  same  shall  be  ratified  by 

23307  the  President  and  Senate  of  the  United  States,  shall  be  binding 

23308  on  the  contracting  parties. 

23309  Proclaimed  May  7,  1828. 


23310 


MOHAWKS  RESIDING  IN  UPPER  CANADA. 


23311  Relinguishment  to  New  York,  by  the  Mohawk  Nation  of  Indians, 

23312  under  the  sanction  of  the   United  States  of  America,  of  all 

23313  cMm  to  lands  in  that  State. 

23314  At  a  treaty  held  under  the  authority  of  the  United  States 

23315  with  the  Mohawk  Nation  of  Indians,  residing  in  the  province  of 

23316  Upper  Canada,  within  the  dominions  of  the  King  of  Great  Brit- 

23317  ain,  present,  the  honorable  Isaac  Smith,  commissioner  appointed 

23318  by  the  United  StatevS  to  hold  this  treaty  ;  Abraham  Ten  Broeck, 

23319  Egbert  Benson,  and  Ezra  L'Hommedieu,  agents  for  the  State  of 

23320  New  York ;  Captain  Joseph  Brandt,  and  Captain  John  Deseron- 

23321  tyon,  two  of  the  said  Indians  and  deputies,  to  represent  the  said 

23322  nation  at  this  treaty. 

23323  The  said  agents  having,  in  the  presence  and  with  the  ap- 

66  I  T 


522 

23324  probation  of  the  said  commissioner,  proposed  to  arid  adjusted 

23325  with  the  said  deputies  the  compensation  as  hereinafter  rneu- 

23326  tioned  to  be  made  to  the  said  nation  for  their  claim,  to  be  ex- 

23327  tinguished  by  this  treaty,  to  all  lauds  within  the  said  State :  it 

23328  is  thereupon  finally  agreed  and  done,  between  the  said  agents 

23329  and  the  said  deputies  as  follows,  that  is  to  say  :  the  said  agents 

23330  do  agree  to  pay  to  the  said  deputies  the  sum  of  one  thousand 

23331  dollars,  for  the  use  of  said  nation,  to  be  by  the  said  deputies 

23332  paid  over  to,  and  distributed  among,  the  persons  and  families  of 

23333  the  said  nation,  according  to  their  usages ;  the  sum  of  five  hun- 

23334  dred  dollars  for  the  expense  of  the  said  deputies,  during  the  time 

23335  they  have  attended  this  treaty;  and  the  sum  of  one  hundred 
2333G  dollars  for  their^expenses  in  returning,  and  for  conveying  the 

23337  said  sum  of  one  thousand  dollars  to  where  the  said  nation  re- 

23338  sides.    And  the  said  agents  do  accordingly,  for  and  in  the  name 

23339  of  the  people  of  the  State  of  New  York,  pay  the  said  three 

23340  several  sums  to  the  said  deputies,  hi  the  presence  of  the  said 

23341  commissioner.     And  the  said  deputies  do  agree  to  cede  and  re- 

23342  lease,  and  these  presents  witness,  that  they  accordingly  do,  for 

23343  and  in  the  name  of  the  said  nation,  in  consideration  of  the  said 

23344  compensation,  cede  and  release  to  the  people  of  the  State  of  New 

23345  York  forever  all  the  right  or  title  of  the  said  nation  to  lands  within 

23346  the  said  State ;  and  the  claim  of  the  said  nation  to  lands  within 

23347  the  said  State  is  hereby  wholly  and  finally  extinguished. 

23348  Proclaimed  April  27,  1798. 

23349  MOLELS. 


23350  Treaty  between  the  United  Mates  of  America  and  the  MoUlIndiam, 

23351  concluded  at  Dayton,  Oregon,  December  21, 1855 ;  ratified  by 

23352  the  Senate  March  8, 1859. 

23353  JAMES  BUCHANAN,  President  of  the  United  States  of  America, 

23354  to  all  and  singular  to  whom  these  presents  shall  come, 

23355  greeting : 

23356  Whereas  a  treaty  was  made  and  concluded  at  Dayton,  in 

23357  Oregon,  on  the  twenty-first  day  of  December,  one  thousand  eight 

23358  hundred  and  fifty-five,  between  Joel  Pal nier,  superintendent  of 

23359  Indian  affairs  for  the  Territory  of  Oregon,  on  the  part  of  the 

23360  United  States,  and  the  hereinafter-named  chiefs  and  head-men  of 

23361  the  Mo-lal-la-las  or  Molel  tribe  of  Indians,  on  behalf  of  and  duly 
3362  authorized  by  the  said  tribe,  which  treaty  is  in  the  words  and 

23363  figures  following,  to  wit : 

23364  Articles  of  convention  and  agreement  entered  into  this  21st  day 

23365  of  December,  1855,  between  Joel  Palmer,  superintendent  of 


523 

23366  Indian  affairs,  acting  for  and  in  behalf  of  the  United  States, 

23367  and  the  chiefs  and  head-men  of  the  Mo-lal-la-las  or  Molel 

23368  tribe  of  Indians,  they  being  authorized  by  their  respective 

23369  bands  in  council  assembled. 

23370  ARTICLE  1.  The  above-named  tribe  of  Indians  hereby  cede 

23371  to  the  United  States  all  their  right,  title,  interest,  and  claim  to 

23372  all  that  part  of  Oregon  Territory  situated  and  bounded  as  here- 

23373  inafter  described,  the  same  being  claimed  by  them,  to  wit :  Be- 

23374  ginning  at  Scott's  Peak,  being  the  northeastern  termination  of 

23375  the  purchase  made  of  the  Umpaquah  and  Calapooias,  of  Umpa- 

23376  quah  Valley,  on  the  29th  day  of  November,  1854 ;  thence  ruii- 

23377  ning  southernly  on  the  eastern  boundary  line  of  that  purchase 

23378  and  the  purchase  of  the  Cow  Creeks,  on  the  19th  day  of  Sep- 

23379  tember,  1853,  and  the  tract  purchased  of  the  Scotens,  Chestas, 

23380  and    Grave    Creeks,    oir    the    eighteenth    day   of   November, 

23381  1851,  to  the  boundary  of  the  Kogue  Eiver  purchase  made  on 

23382  the  tenth  day  of    September,  1853 ;  thence  along  the  northern 

23383  boundary  of  that  purchase  to  the  summit  of  the  Cascade  Mount- 

23384  ains  ;  thence  northerly  along  the  summit  of  said  mountains  to 

23385  a  point  due  east  of  Scott's  Peak  ;  thence  west  to  the  place  of 

23386  beginning. 

23387  ARTICLE  2.  In  consideration  of  the  cession  and  relinquish- 

23388  meat  herein  made,  the  United  States  agree  to  make  the  follow- 

23389  ing  provisions  for  said  Indians  and  pay  the  sums  of  money  as 

23390  follows : 

23391  1st.  To  secure  to  the  members  of  said  tribe  all  the  rights 

23392  and  privileges  guaranteed  by  treaty  to  the  Umpaquah  and  Cal- 

23393  apooias,  of  the  Umpaquah  Valley,  jointly  with  said  tribes,  they 

23394  hereby  agreeing  to  confederate  with  those  bands. 

23395  2d.  To  erect  and  keep  in  repair  and  furnish  suitable  persons 

23396  to  attend  the  same  for  the  term  of  ten  years,  the  benefits  of 

23397  which  to  be  shared  alike  by  all  the  bands  confederated,  one 

23398  flouring-niill  and  one  saw-mill. 

23399  3d.  To  furnish  iron,  steel,  and  other  materials  for  supplying 

23400  the  smith's  shop  and  tin-shop  stipulated  in  the  treaty  of  29th 

23401  November,  1854,  and  pay  for  the  services  of  the  necessary  ine- 

23402  chanics  for  that  service  for  live  years  in  addition  to  the  time 

23403  specified  by  that  treaty. 

23404  4th.  To  establish  a  manual-labor  school,  employ  and  pay 

23405  teachers,  furnish  all  necessary  materials  and  subsistence  for  pu- 

23406  pils,  of  sufficient  capacity  to  accommodate  all  the  children  be- 

23407  longing  to  said  confederate  bands,  of  suitable  age  and  condition 

23408  to  attend  said  school. 

23409  5th.  To  employ  and  pay  for  the  services  of  a  carpenter  and 

23410  joiner  for  the  term  of  ten  years,  to  aid  in  erecting  buildings  and 

23411  making  furniture  for  said  Indians,  and  to  furnish  tools  for  use 

23412  in  said  service. 


524 

23413  6th.  To  employ  and  pay  for  the  services  of  an  additional 

23414  farmer  for  the  term  of  five  years. 

23415  ARTICLE  3.  In  consequence  of  the  existence  of  hostilities 

23416  between  the  whites  and  a  portion  of  the  Indian  tribes  in  South- 

23417  ern  Oregon  and  Northern  California,  and  the  proximity  of  the 

23418  Umpaquah  reservation  to  the  mining  district,  and  the  consequent 

23419  fluctuating  and  transient  population,  and  the  frequent  coinmis- 

23420  sion  by  whites  and  Indians  of  petty  offences,  calculated  to  dis- 

23421  turb  the  peace  and  harmony  of  the  settlement,  it  is  hereby 

23422  agreed,  the  Umpaquahs  and  Calapooias  agreeing,  that  the  bauds 

23423  thus  confederated  shall  immediately  remove  to  a  tract  of  land 

23424  selected  on  the  head-waters  of  the  Yamhill  Biver  adjoining  the 

23425  coast  reservation,  thereon  to  remain  until  the  proper  improve- 

23426  meuts  are  made  upon  that  reservation  for  the  accommodation 

23427  of  said  confederate  bands,  in  accordance  with  the  provisions  of 

23428  this  and  the  treaty  of  29th  November,  1854,  and  when  so  made, 

23429  to  remove  to  said  coast  reservation,  or  such  other  point  as  may,  by 

23430  direction  of  the  President  of  the  United  States,  be  designated 

23431  for  the  permanent  residence  of  said  Indians. 

23432  ARTICLE  4.  For  the  purpose  of  carrying  out  in  good  faith 

23433  the  objects  expressed  in    the    preceding  article,  it  is  hereby 

23434  agreed,  on  the  part  of  the  United  States,  that  the  entire  expense 

23435  attending  the  removal  of  the  bands  named,  including  trauspor- 

23436  tation  and  subsistence,  and  the  erection  of  temporary  buildings 

23437  at  the  encampment  designated,  as  well  as  medical  attendance 

23438  on  the  sick,  shall  be  paid  by  the  United  States. 

23439  ARTICLE  5.  It  is  further  agreed  that  rations,  according  to 

23440  the  Army  regulations,  shall  be  furnished  the  members  of  the  said 

23441  confederated  bauds,  and  distributed  to  the  heads  of  families, 

23442  from  the  time  of  their  arrival  at  the  encampment  on  the  head- 

23443  waters  of  Yainhill  Eiver  until  six  months  after  their  arrival  at 

23444  the  point  selected  as  their  permanent  residence. 

23445  ARTICLE  6.  For  the  purpose  of  insuring  the  means  of  sub- 

23446  sistence  for  said  Indians,  the  United  States  engage  to  appropri- 

23447  ate  the  sum  of  twelve  thousand  dollars  for  the  extinguishment 

23448  of  title  and  the  payment  of  improvements  made  thereon  by  white 

23449  settlers  to  lauds  in  the  Grand  Eouud  Valley,  the  point  of  eu- 

23450  campment  referred  to,  to  be  used  as  wheat-farms,  or  other  pur- 

23451  poses,  for  the  benefit  of  said  Indians,  and  for  the  erection  of 

23452  buildings  upon  the  reservation,  opening  farms,  purchasing  of 

23453  teams,  tools,  and  stock  ;  the  expenditure  of  which  amounts,  and 

23454  the  direction  of  all  the  provisions  of  this  convention,  shall  be  in 

23455  accordance  with  the  spirit  and  meaning  of  the  treaty  of  29th 

23456  November,  1854,  with  the  Umpaquah  and  Calapooia  tribes  afore- 

23457  said. 

23458  Proclaimed  April  27,  1859. 


525 
23459  NAVAJOS. 


23460  Treaty  between  the  United  States  of  America  and  the  Navajo  tribe 

23461  of  Indians. 

23462  The  following  acknowledgements,  declarations,  and  stipu- 

23463  lations  have  been  duly  considered,  and  are  now  solemnly  adopt- 

23464  ed  and  proclaimed  by  the  undersigned;  that  is  to  say,  John  M. 

23465  Washington,  governor  of  New  Mexico,  and  lieutenant-colonel 

23466  commanding  the  troops  of  the  United  States  in  New-  Mexico, 

23467  and  James  S.  Calhouu,  Indian  agent,  residing  at  Santa  Fe,  in 

23468  New  Mexico,  representing  the  United  States  of  America,  and 

23469  Mariano  Martinez,  head  chief,  and  Chapitone,  second  chief,  on 

23470  the  part  of  the  Navajo  tribe  of  Indians  : 

23471  I.  The  said  Indians  do  hereby  acknowledge  that,  by  virtue 

23472  of  a  treaty  entered  into  by  the  United  States  of  America  and 

23473  the  United  Mexican  States,  signed  on  the  second  day  of  Febrti- 

23474  ary,  in  the  year  of  our  Lord  eighteen  hundred  and  forty-eight, 

23475  at  the  city  of  Guadalupe  Hidalgo,  by  N.  P.  Trist,  of  the  first 

23476  part,  and  Luis  G.  Cuevas,  Bernardo  Couto,  and  Mgl  Atristain, 

23477  of  the  second  part,  the  said  tribe  was  lawfully  placed  under  the 

23478  exclusive  jurisdiction  and  protection  of  the  Government  of  the 

23479  said  United  States,  and  that  they  are  now,  and  will  forever  re- 

23480  main,  under  the  aforesaid  jurisdiction  and  protection. 

23481  II.  That  from  and  after  the  signing  of  this  treaty,  hostilities 

23482  between  the  contracting  parties  shall  cease,  and  perpetual  peace 

23483  and  friendship  shall  exist;  the  said  tribe  hereby  solemnly  cove- 

23484  nanting  that  they  will  not  associate  with,  or  give  countenance 

23485  or  aid  to,  any  tribe  or  band  of  Indians,  or  other  persons  or  pow- 

23486  ers,  who  may  be  at  any  time  at  enmity  with  the  people  of  the 

23487  said  United  States ;  that  they  will  remain  at  peace,  and  treat 

23488  honestly  and  humanely  all  persons  and  powers  at  peace  with 

23489  the  said    States;    and  all  cases  of    aggression    against    said 

23490  Navajoes  by  citizens  or  others  of  the  United  States,  or  by  other 

23491  persons  or  powers  in  amity  with  the  said  States,  shall  be  re- 

23492  ferred  to  the  Government  of  said  States  for  adjustment  and  set- 

23493  tlement. 

23494  III.  The  Government  of  the  said  States  having  the  sole  and 

23495  exclusive  right  of  regulating  the  trade  and  intercourse  with  the 

23496  said  Navajoes,  it  is  agreed  that  the  laws  now  in  force  regulating 

23497  the  trade  and  intercourse,  and  for  the  preservation  of  peace 

23498  with  the  various  tribes  of  Indians  under  the  protection   and 

23499  guardianship  of  the  aforesaid  Government,  shall  have  the  same 

23500  force  and  efficiency,  and  shall  be  as  binding  and  as  obligatory 

23501  upon  the  said  Navajoes,  and  executed  in  the  same  manner,  as 


526 

23502  if  said  laws  had  been  passed  for  their  sole  benefit  and  protec- 

23503  tion ;  and  to  this  end,  and  for  all  other  useful  purposes,  the  gov- 

23504  ernment  of  New  Mexico,  as  now  organized,  or  as  it  may  be  by 

23505  the  Government  of  the  United  States,  or  by  the  legally  cousti- 

23506  tuted  authorities  of  the  people  of  New  Mexico,  is  recognized 

23507  and  acknowledged  by  the  said  Navajoes,  and  for  the  due  en- 

23508  forcement  of  the  aforesaid  laws,  until  the  Government  of  the 

23509  United  States  shall  otherwise  order,  the  territory  of  the  Nava 

23510  joes  is  hereby  annexed  to  New  Mexico. 

23511  IV.  The  Navajo  Indians  hereby  bind  themselves  to  deliver 

23512  to  the  military  authority  of  the  United  States  in  New  Mexico,  at 

23513  Santa  Fe,  New  Mexico,  as  soon  as  he  or  they  can  be  appre- 

23514  bended,  the  murderer  or  murderers  of  Micente  Garcia,  that  said 

23515  fugitive  or  fugitives  from  justice  may  be  dealt  with  as  justice 

23516  may  decree. 

23517  Ar.  All  American  and  Mexican  captives,  and  all  stolen  property 

23518  taken  from  Americans  or  Mexicans,  or  other  persons  or  powers 

23519  in  amity  with  the  United  States,  shall  be  delivered  by  the  Navajo 

23520  Indians  to  the  aforesaid  military  authority  at  Jemez,  New  Mexico, 

23521  on  or  before  the  9th  day  of  October  next  ensuing,  that  justice 

23522  may  be  meted  out  to  all  whom  it  may  concern ;  and  also  all  ln- 

23523  dian  captives  and  stolen  property  of  such  tribe  or  tribes  of 

23524  Indians  as  shall  enter  into  a  similar  reciprocal  treaty,  shall,  in 

23525  like  manner,  and  for  the  same  purposes,  be  turned  over  to  an 

23526  authorized  officer  or  agent  of  the  said  States  by  the  aforesaid 

23527  Navajoes. 

23528  VI.  Should  any  citizen  of  the  United  States,  or  other  per- 

23529  son  or  persons  subject  to  the  laws  of  the  United  States,  murder, 

23530  rob,  or  otherwise  maltreat  any  Navajo  Indian  or  Indians,  he  or 

23531  they  shall  be  arrested  and  tried,  and  upon  conviction  shall  be 

23532  subjected  to  all  the  penalties  provided  by  law  for  the  protec- 

23533  tion  of  the  persons  and  property  of  the  people  of  the  said  States. 

23534  VII.  The  people  of  the  United  States  of  America  shall  have 

23535  free  and  safe  passage  through  the  territory  of  the  aforesaid  In- 

23536  dians,  under  such  rules  and  regulations  as  may  be  adopted  by 

23537  authority  of  the  said  States. 

23538  VIII.  In  order  to  preserve  tranquillity,  and  to  afford  pro- 

23539  tection  to  all  the  people  and  interests  of  the  contracting  parties, 

23540  the  Government  of  the  United  States  of  America  will  establish 

23541  such  military  posts  and  agencies,  and  authorize  such  trading- 

23542  houses,  at  such  time  and  in  such  places,  as  the  said  Government 

23543  may  designate. 

23544  IX.  Relying  confidently  upon  the  justice  and  the  liberality 

23545  of  the  aforesaid  Government,  and  anxious  to  remove  every  possi- 

23546  ble  cause  that  might  disturb  their  peace  and  quiet,  it  is  agreed 

23547  by  the  aforesaid  Navajoes  that  the  Government  of  the  United 


527 

23548  States  shall,  at  its  earliest  convenience,  designate,  settle,  and 

23519  adjust  tlieir  territorial  boundaries,  and  pass  and  execute  in  their 

23550  territory  such  laws  as  may  be  deemed  conducive  to  the  prosperity 

23551  and  happiness  of  said  Indians. 

23552  X.  For  and  in  consideration  of  the  faithful  performance  of 

23553  all  the  stipulations  herein  contained  by  the  said  Navajo  Indians, 
23551  the  Government  of  the  United  States  will  grant  to  said  Indians 

23555  such  donations,  presents,  and  implements,  and  adopt  such  other 

23556  liberal  and  humane  measures,  as  said  Government  may  deem 

23557  meet  and  proper. 

23558  XL  This  treaty  shall  be  binding  upon  the  contracting  par- 

23559  ties  from  and  after  the  signing  of  the  same,  subject  only  to  such 
235GO  modifications  and  amendments  as  may  be  adopted  by  the  Gov- 
235G1  eminent  of  the  United  States  ;  and,  finally,  this  treaty  is  to 
235G2  receive  a  liberal  construction,  at  all  times  and  in  all  places,  to 

23563  the  end  that  the  said  Navajo  Indians  shall  not  be  held  respon- 

23564  sible  for  the  conduct  of  others,  and  that  the  Government  of  the 

23565  United  States  shall  so  legislate  and  act  as  to  secure  the  perma- 

23566  nent  prosperity  and  happiness  of  said  Indians. 

23567  Proclaimed  September  21,  1850. 

23568  Treaty  between  the  United  States  of  America  and  the  Navajo  tribe 

23569  of  Indians,  concluded  June  1,  1868  ;  ratification  advised  July 

23570  25,  1868. 

23571  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

23572  to  all  and  singular  to  whom  these  presents  shall  come,  greet- 

23573  ing  : 

23574  Whereas  a  treaty  was  made  and  concluded  at  Fort  Sumner, 

23575  in  the  Territory  of  New  Mexico,  on  the  first  day  of  June,  in  the 

23576  year  of  our  Lord  one  thousand  eight  hundred  and  sixty-eight, 

23577  by  and  between  Lieutenant-General  W.  T.  Sherman  and  Sani- 

23578  uel  F.  Tappan,  commissioners,  on  the  part  of  the  United  States, 

23579  and  Barboncito,  Armijo,  and  other  chiefs  and  head  men  of  the 

23580  Navajo  tribe  of  Indians,  on  the  part  of  said  Indians,  and  duly 

23581  authorized  thereto  by  them,  which  treaty  is  in  the  words  and 

23582  figures  following,  to  wit : 

23583  Articles  of  a  treaty  and  agreement  made  and  entered  into  at 

23584  Fort   Sumner,  New  Mexico,  on  the  first  day  of  June,  one 

23585  thousand   eight  hundred  and  sixty-eight,  by  and  between 

23586  the  United  States,  represented  by  its  commissioners,  Lieu- 

23587  tenant-General  W.  T.  Sherman  and  Colonel  Samuel  F.  Tap- 

23588  pan,  of  the  one  part,  and  the  Navajo  Nation   or  tribe  of 

23589  Indians,  represented  by  tlieir  chiefs  and  head-men,  duly  au- 

23590  thorized  and  empowered  to  act  for  the  whole  people  of  said 


528 

23591  nation  or  tribe,r(the  names  of  said  chiefs  and  head-men  being 

23592  hereto  subscribed,)  of  the  other  part,  witness  : 

23593  ARTICLE  1.  From  this  day  forward  all  war  between  the 

23594  parties  to  this  agreement  shall  forever  cease.     The  Government 

23595  of  the  United  States  desires  peace,  and  its  honor  is  hereby 
2359G  pledged  to  keep  it.    The  Indians  desire  peace,  and  they  now 

23597  pledge  their  honor  to  keep  it. 

23598  If  bad  men  among  the  whites,  or  among  other  people  sub- 

23599  ject  to  the  authority  of  the  United  States,  shall  commit  any 
23GOO  wrong  upon  the  person  or  property  of  the  Indians,  the  United 
23G01  States  will,  upon  proof  made  to  the  agent  and  forwarded  to  the 
23G02  Commissioner  of  Indian  Affairs  at  Washington  City,  proceed  at 
23603  once  to  cause  the  offender  to  be  arrested  and  punished  accord  - 
23G04  ing  to  the  laws  of  the  United  States,  and  also  to  reimburse  the 
23605  injured  persons  for  the  loss  sustained. 

23G06  If  bad  men  among  the  Indians  shall  commit  a  wrong  or  dep- 

23607  redation  upon  the  person  or  property  of  any  one,  white,  black, 

23608  or  Indian,  subject  to  the  authority  of  the  United  States  and  at 

23609  peace  therewith,  the  Navajo  tribe  agree  that  they  will,  on  proof 

23610  made  to  their  agent,  and  on  notice  by  him,  deliver  up  the  wrong- 

23611  doer  to  the  United  States,  to  be  tried  and  punished  according 

23612  to  its  laws;  and   in   case  they  wilfully  refuse  so  to  do,  the  per- 

23613  son  injured  shall  be  reimbursed  for  his  loss  from  the  annuities 

23614  or  other  moneys  due  or  to  become  due  to  them  under  this  treaty, 

23615  or  any  others  that  may  be  made  with  the  United  States.     And 

23616  the  President  may  prescribe^such  rules  and  regulations  for  as- 

23617  certaining  damages  under  this  article  as  in  his  judgment  may 

23618  be  proper;  but  no  such  damage  shall  be  adjusted  and  paid  until 

23619  examined  and  passed  upon  by  the  Commissioner  of  Indian  Affairs, 

23620  and   no  one  sustaining  loss  whilst  violating,  or  because  of  his 

23621  violating,  the  provisions  of  this  treaty  or  the  laws  of  the  United 

23622  States,  shall  be  reimbursed  therefor. 

23623  ARTICLE  2.  The  United  States  agrees  that  the  following 

23624  district  of  country,  to  wit :  bounded  on  the  north  by  the  37th 

23625  degree  of  north  latitude,  south  by  an  east  and  west  line  passing 

23626  through  the  site  of  old  Fort  Defiance,  in  Canon  Bonito,  east  by 

23627  the  parallel  of  longitude  which,  if  prolonged  south,  would  pass 

23628  through  old  Fort  Lyon,  or  the  Ojo-de-oso,  Bear  Spring,  and 

23629  west  by  a  parallel  of  longitude  about  109°  30'  west  of  Green- 

23630  wicli,  provided  it  embraces  the  outlet  of  the  Canon-de-Chilly, 

23631  which  canon  is  to  be  all  included  in  this  reservation,  shall  be, 

23632  and  the  same  is  hereby,  set  apart  for  the  use  and  occupation  of 

23633  the  Xavajo  tribe  of  Indians,  and  for  such  other  friendly  tribes 

23634  or  individual  Indians  as  from  time  to  time  they  may  be  willing, 

23635  with  the  consent  of  the  United  States,  to  admit  among  them  ; 

23636  and  the  United  States  agrees  ^hat  no  persons  except  those 


529 

23637  herein  so  authorized  to  do,  and  except  such  officers,  soldiers, 

23638  agents,  and  employes  of  the  Government,  or  of  the  Indians,  as 

23639  may  be  authorized  to  enter  upon  Indian  reservations  in  discharge 

23640  of  duties  imposed  by  law,  or  the  orders  of  the  President,  shall 

23641  ever  be  permitted  to  pass  over,  settle  upon,  or  reside  in,  the  ter- 

23642  ritory  described  in  this  article. 

23643  ARTICLE  3.  The  United  States  agrees  to  cause  to  be  built, 

23644  at  some  point  within  said  reservation,  where  timber  and  water 

23645  may  be  convenient,  the  following  buildings :  a  warehouse,  to 

23646  cost   not   exceeding  twenty-five  hundred  dollars;   an  agency 

23647  building  for  the  residence  of  the  agent,  not  to  cost  exceeding 

23648  three  thousand  dollars;  a  carpenter-shop  and  blacksmith-shop, 

23649  not  to  cost  exceeding  one  thousand  dollars  each  ;  and  a  school- 

23650  house  and  chapel,  so  soon  as  a  sufficient  number  of  children 

23651  can  be  induced  to  attend  school,  which  shall  not  cost  to  exceed 

23652  five  thousand  dollars. 

23653  ARTICLE  4.  The  United  States  agrees  that  the  agent  for 
23C54  the  Navajos  shall  make  his  home  at  the  agency  building ;  that 

23655  he  shall  reside  among  them,  and  shall  keep  an  office  open  at  all 

23656  times  for  the  purpose  of  prompt  and  diligent  inquiry  into  such 

23657  matters  of  complaint  by  or  against  the  Indians  as  may  be  pre- 
23658  sented  for  investigation,  as  also  for  the  faithful  discharge  of 

23659  other  duties  enjoined  by  law.     In  all  cases  of  depredation  on 

23660  person  or  property  he  shall  cause  the  evidence  to  be  taken  in 

23661  writing  and  forwarded,  together  with  his  finding,  to  the  Com- 

23662  missioner  of  Indian  Affairs,  whose  decision  shall  be  binding  on 

23663  the  parties  to  this  treaty. 

23664  ARTICLE  5.  If  any  individual  belonging  to  said  tribe,  or  le- 

23665  gaily  incorporated  with  it,  being  the  head  of  a  family,  shall  desire 

23666  to  commence  farming,  he  shall  have  the  privilege  to  select,  in  the 

23667  presence  and  with  the  assistance  of  the  agent  then  in  charge,  a 

23668  tract  of  land  within  said  reservation,  not  exceeding  one  hun- 

23669  dred  and  sixty  acres  in  extent,  which  tract,  when  so  selected, 

23670  certified,  and  recorded  in  the  "  land-book"  as  herein  described, 

23671  shall  cease  to  be  held  in  common,  but  the  same  may  be  occupied 

23672  and  held  in  the  exclusive  possession  of  the  person  selecting  it, 

23673  and  of  his  family,  so  long  as  he  or  they  may  continue  to  culti- 

23674  vtite  it. 

23675  Any  person  over  eighteen  years  of  age,  not  being  the  head 

23676  of  a  family,  may  in  like  manner  select,  and  cause  to  be  certified 

23677  to  him  or  her  for  purposes  of  cultivation,  a  quantity  of  laud, 

23678  not  exceeding  eighty  acres  in  extent,  and  thereupon  be  entitled 

23679  to  the  exclusive  possession  of  the  same  as  above  directed. 

23680  For  each  tract  of  laud  so  selected  a  certificate  containing  a 

23681  description  thereof,  and  the  name  of  the  person  selecting  it, 
236S2  with  a  certificate  endorsed  thereon  that  the  same  has  been  re- 

67  I  T 


530 

23683  corded,  shall  be  delivered  to  the  party  entitled  to  it  by  the 

23684  agent,  after  the  same  shall  have  been  recorded  by  him  in  a  book 

23685  to  be  kept  in  his  office,  subject  to  inspection,  which  said  book 

23686  shall  be  known  as  the  u  Navajo  land-book." 

23687  The  President  may  at  any  time  order  a  survey  of  the  reser- 

23688  vatioD,  and  when  so  surveyed,  Congress  shall  provide  for  pro- 
23680  tecting  the  rights  of  said  settlers  in  their  improvements,  and 
23690  may  fix  the  character  of  the  title  held  by  each. 

23601  The  United  States  may  pass  such  laws  on  the  subject  of 

23602  alienation  and  descent  of  property  between  the  Indians  and 

23603  their  descendants  as  may  be  thought  proper. 

23604  ARTICLE  6.  In  order  to  insure  the  civilization  of  the  Indians 

23605  entering  into  this  treaty,  the  necessity  of  education  is  admitted, 

23606  especially  of  such  of  them  as  may  be  settled  on  said  agricul- 

23607  tural  parts  of  this  reservation,  and  they  therefore  pledge  them- 

23608  selves  to  compel  their  children,  male  and  female,  between  the 
23600  ages  of  six  and  sixteen  years,  to  attend  school;  and  it  is  hereby 

23700  made  the  duty  of  the  agent  for  said  Indians  to  see  that  this 

23701  stipulation  is  strictly  complied  with :  and  the  United  States 

23702  agrees  that  for  every  thirty  children  between  said  ages,  who 

23703  can  be  induced  or  compelled  to  attend  school,  a  house  shall  be 

23704  provided,  and  a  teacher  competent  to   teach  the  elementary 

23705  branches  of  an  English  education  shall  be  furnished,  who  shall 

23706  reside  among  said  Indians  and  faithfully  discharge  his  or  her 

23707  duties  $s  a  teacher. 

23708  The  provisions  of  this  article  to  continue  for  not  less  than 
23700  ten  years. 

23710  ARTICLE  7.  When  the  head  of  a  family  shall  have  selected 

23711  lands  and  received  his  certificate  as  above  directed,  and  the 

23712  agent  shall  be  satisfied  that  he  .intends  in  good  faith  to  coni- 

23713  mence  cultivating  the  soil  for  a  living,  he  shall   be  entitled 

23714  to  receive  seeds  and  agricultural  implements  for  the  first  year, 

23715  not  exceeding  in  value  one  hundred  dollars,  and  for  each  suc- 

23716  ceeding  year  he  shall  continue  to  farm,  for  a  period  of  two  years, 

23717  he  shall  be  entitled  to  receive  seeds  and  implements  to  the 

23718  value  of  twenty-five  dollars. 

23710  ARTICLE  8.  In  lieu  of  all  sums  of  money  or  other  annui- 

23720  ties  provided  to  be  paid  to  the  Indians  herein  named,  under 

23721  any  treaty  or  treaties  heretofore  made,  the  United  States  agrees 

23722  to  deliver  at  the  agency-house  on  the  reservation  herein  named, 

23723  on  the  first  day  of  September  of  each  year  for  ten  years,  the 

23724  following  articles,  to  wit : 

23725  Such  articles  of  clothing,  goods,  or  raw  materials  in  lieu 

23726  thereof  as  the  agent  may  make  his  estimate  for,  not  exceeding 

23727  in  value  five  dollars  per  Indian — each  Indian  being  encouraged 

23728  to  manufacture  their  own  clothing,  blankets,  &c.  5  to  be  fur- 


531 

23729  nished  with  no  article  which  they  can  manufacture  themselves. 

23730  And,  in  order  that  the  Commissioner  of  Indian  Affairs  may  be 

23731  able  to  estimate  properly  for  the  articles  herein  named,  it  shall 

23732  be  the  duty  of  the  agent  each  year  to  forward  to  him  a  full  and 

23733  exact  census  of  the  Indians,  on  which  the  estimate  from  year  to 

23734  year  can  be  based. 

23735  And  in  addition  to  the  articles  herein  named,  the   sum]  of 
2373G  ten  dollars  for  each  person  entitled  to  the  beneficial  effects  of 

23737  this  treaty  shall  be  annually  appropriated  for  a  period  of  ten 

23738  years,  for  each  person  who  engages  in  farming  or  mechanical 

23739  pursuits,  to  be  used  by  the  Commissioner  of  Indian  Affairs  in 

23740  the  purchase  of  such  articles  as  from  time  to  time  the  condition 

23741  and  necessities  of  the  Indians  may  indicate  to  be  proper  ;  and  if 

23742  within  the  ten  years  at  anytime  it  shall  appear  that  the  amount 

23743  of  money  needed  for  clothing,  under  the  article,  can  be  appro- 

23744  priated  to  better  uses  for  the  Indians  named  herein,  the  Coin- 

23745  inissioner  of  Indian  Affairs  may  change  the  appropriation  to 

23746  other  purposes,  but  in  no  event  shall  the  amount  of  this  appro- 

23747  priatiou  be  withdrawn  or  discontinued  for  the  period  named, 

23748  provided  they  remain  at  peace.     And  the  President  shall  annu- 

23749  ally  detail  an  officer  of  the  Army  to  be  present  and  attest  the 

23750  delivery  of  all  the  goods  herein  named  to  the  Indians,  and  he 

23751  shall  inspect  and  report  on  the  quantity  and   quality  of  the 

23752  goods  and  the  manner  of  their  delivery. 

23753  ARTICLE  9.  In  consideration  of  the  advantages  and  bene- 

23754  fits  conferred  by  this  treaty,  and  the  many  pledges  of  friendship 

23755  by  the  United  States,  the  tribes  who  are  parties  to  this  agree  - 
23750  ment  hereby  stipulate  that  they  will  relinquish  a^L  right  to  occupy 

23757  any  territory  outside  their  reservation,  as  herein  defined,  but 

23758  retain  the  right  to  hunt  on  any  unoccupied  lands  contiguous  to 

23759  their  reservation,  so  long  as  the  large  game  may  range  thereon 

23760  in  such  numbers  as  to  justify  the  chase ;  and  they,  the  said 

23761  Indians,  further  expressly  agree  : 

23762  1st.  That  they  will  make  no  opposition  to  the  construction 

23763  of  railroads  now  being  built  or  hereafter  to  be  built  across  the 

23764  continent, 

23765  2d.  That  they  will  not  interfere  with  the  peaceful  construc- 

23766  tion  of  any  railroad  not  passing  over  their  reservation  as  herein 

23767  defined. 

23768  3d>  That  they  will  not  attack  any  persons  at  home  or  travel- 

23769  ling,  nor  molest  or  disturb  any  wagon-trains,  coaches,  mules,  or 

23770  cattle  belonging  to  the  people  of  the  United  States,  or  to  persons 

23771  friendly  therewith. 

23772  4th.  That  they  will  never   capture  or  carry  off  from   the 

23773  settlements  women  or  children. 


532 

23774  5th.  They  will  never  kill  or  scalp  white  men,  uor  attempt  to 

23775  do  them  harm. 

23776  6th.  They  will  riot  in  future  oppose  the  construction  of  rail- 

23777  roads,  wagon-roads,  mail  stations,  or  other  works  of  utility  or 

23778  necessity  which  may  be  ordered  or  permitted  by  the  laws  of  the 

23779  United  States ;  but  should  such  roads  or  other  works  be  con- 

23780  structed  on  the  lands  of  their  reservation,  the  Government  will 

23781  pay  the  tribe  whatever  amount  of  damage  may  be  assessed  by 

23782  three  disinterested  commissioners  to  be  appointed  by  the  Presi- 

23783  dent  for  that  purpose,  one  of  said  commissioners  to  be  a  chief  or 

23784  head-man  of  the  tribe. 

23785  7th.  They  will  make  no  opposition  to  the  military  posts  or 

23786  roads  now  established,  or  that  may  be  established,  not  in  viola- 

23787  tion  of  treaties  heretofore  made  or  hereafter  to  be  made  with 

23788  any  of  the  Indian  tribes. 

23780  ARTICLE  10.  No  future  treaty  for  the  cession  of  any  portion 

23790  or  part  of  the  reservation  herein  described,  which  may  be  held 

23791  in  common,  shall  be  of  any  validity  or  force  against  said  Indians 

23792  unless  agreed  to  and  executed  by  at  least  three-fourths  of  all 

23793  the  adult  male  Indians  occupying  or  interested  in  the  same ;  and 

23794  no  cession  by  the  tribe  shall  be  understood  or  construed  in  such 

23795  manner  as  to  deprive,  without  his  consent,  any  individual  mem- 

23796  ber  of  the  tribe  of  his  rights  to  any  tract  of  land  selected  by  him 

23797  as  provided  in  article  5  of  this  treaty. 

23798  ARTICLE  11.  The  Navajos  also  hereby  agree  that  at  any 

23799  time  after  the  signing  of  these  presents  they  will  proceed  in  such 

23800  manner  as  may  be  required  of  them  by  the  agent,  or  by  the  officer 

23801  charged  with  their  removal,  to  the  reservation  herein  provided 

23802  for,  the  United  States  paying  for  their  subsistence  en  route, 

23803  and  providing  a  reasonable  amount  of  transportation  for  the  sick 

23804  and  feeble. 

23805  ARTICLE  12.  It  is  further  agreed  by  and  between  the  parties 

23806  to  this  agreement  that  the  sum  of  one  hundred  and  fifty  thou- 

23807  sand  dollars  appropriated,  or  to  be  appropriated,  shall  be  dis- 

23808  bursed  as  follows,  subject  to  any  condition  provided  in  the  law, 

23809  to  wit: 

23810  1st.  The  actual  cost  of  the  removal  of  the  tribe  from  the 

23811  Bosque  Redondo  reservation  to  the  reservation,  say  fifty  thou- 

23812  sand  dollars. 

23813  2d.  The  purchase  of  fifteen  thousand  sheep  and  goats,  at  a 

23814  cost  not  to  exceed  thirty  thousand  dollars. 

23815  3d.  The  purchase  of  five  hundred  beef  cattle  and  a  million 

23816  pounds  of  corn,  to  be  collected  and  held  at  the  military  post 

23817  nearest  the  reservation,  subject  to  the  orders  of  the  agent,  for 

23818  the  relief  of  the  needy  during  the  coming  winter. 

23819  4th.  The  balance,  if  any,  of  the  appropriation  to  be  invested 


533 

23820  for  the  maintenance  of  the  Indians  pending  their  removal,  in 

23821  such  manner  as  the  agent  who  is  with  them  may  determine. 

23822  5th.  The  removal  of  this  tribe  to  be  made  under  the  supreme 

23823  control  and  direction  of  the  military  commander  of  the  Terri- 

23824  tory  of  New  Mexico,  and  when  completed,  the  management  of 

23825  the  tribe  to  revert  to  the  proper  agent. 

23820  ARTICLE  13.  The  tribe  herein  named,  by  their  represeuta- 

23827  tives,  parties  to  this  treaty,  agree  to  make  the  reservation  herein 

23828  described  their  permanent  home,  and  they  will  not  as  a  tribe 

23829  make  any  permanent  settlement  elsewhere,  reserving  the  right 

23830  to  hunt  on  the  lands  adjoining  the  said  reservation  formerly 

23831  called  theirs,  subject  to  the  modifications  named  in  this  treaty 

23832  and  the  orders  of  the  commander  of  the  department  in  which 

23833  said  reservation  may  be,  for  the  time  being;  and  it  is  further 

23834  agreed  and  understood  by  the  parties  to  this  treaty,  that  if  any 

23835  Navajo  Indian  or  Indians  shall  leave  the  reservation  herein 

23836  described,  to  settle  elsewhere,  he  or  they  shall  forfeit  all  the 

23837  rights,  privileges,  and  annuities  conferred  by  the  terms  of  this 
2383S  treaty ;  and  it  is  further  agreed  by  the  parties  to  this  treaty,  that 

23839  they  will  do  all  they  can  to  induce  Indians  now  away  from  reser- 

23840  vations  set  apart  for  the  exclusive  use  and  occupation  of  the  In- 

23841  dians,  leading  a  nomadic  life,  or  engaged  in  war  against  the 

23842  people  of  the  United  States,  to  abandon  such  a  life  and  settle 

23843  permanently  in  one  of  the  territorial  reservations  set  apart  for 

23844  the  exclusive  use  and  occupation  of  the  Indians. 

23845  Proclaimed  August  12,  1818. 


23840  NEZ  PERCYS. 

23847  Treaty  between  the  United  States  of  America  and  the  Nez  Perce 

23848  Indians,   concluded  at    Camp   Stevens,  in   the   Walla- Walla 

23849  Valley,  June  11,  1855;   ratified  by  the  Senate  March  8,  1859. 

23850  JAMES  BUCHANAN,  President  of  the  United  States  of  America, 

23851  to  all  and  singular  to  whom  these  presents  shall  come,  greet- 

23852  ing : 

23853  Whereas  a  treaty  was  made  and  concluded  at  the  treaty* 

23854  ground.  Camp  Stevens,  in  the  Walla- Walla  Valley,  on  the  eleventh 

23855  day  of  June,  one  thousand  eight  hundred  and  fifty-five,  between 
23850  Isaac  1.  Stevens,  governor  and  superintendent  of  Indian  affairs 

23857  for  the  Territory  of  Washington,  and  Joel  Palmer,  superintend- 

23858  cut  of  Indian  affairs  for  Oregou  Territory,  on  the  part  of  the 

23859  United  States,  and  the  hereinafter-named  chiefs,  head-men,  and 
238GO  delegates  of  the  Nez  Perce  tribe  of  Indians  occupying  lands  lying 


534 

238G1  partly  in  Oregon  and  partly  in  Washington  Territory,  between 

23862  the  Cascade  and  tbe  Bitter  Root  Mountains,  on  behalf  of  and 

23863  duly  authorized  by  said  tribe,  which  said  treaty  is  in  the  words 
23804  and  figures  following,  to  wit : 

23865  Articles  of  agreement  and  convention  made  and  concluded  at 

23866  the  treaty  ground,  Camp  Stevens,  in  the  Walla-Walla  Valley, 

23867  this  eleventh  day  of  June,  in  the  year  one  thousand  eight 

23868  hundred  and  fifty-five,  by  and  between  Isaac  I.  Stevens, 

23869  governor  and  superintendent  of  Indian  affairs  for  the  Ter 

23870  ritory  of  Washington,  and  Joel  Palmer,  superintendent  of 

23871  Indian  affairs  for  Oregon  Territory,  on  the  part  of  the  United 

23872  States,  and  the  undersigned  chiefs,  head-men,  and  delegates  of 

23873  the  Nez  Perce  tribe  of  Indians  occupying  lands  lying  partly 

23874  in  Oregon  and  partly  in  Washington  Territories,  between 

23875  the  Cascade  and  Bitter  Boot  Mountains,  on  behalf  of  and 

23876  acting  for  said  tribe,  and  being  duly  authorized  thereto  by 

23877  them,  it  being  understood  that   Superintendent  Isaac  I. 

23878  Stevens  assumes  to  treat  only  with  those  of  the  above- 

23879  named  tribe  of  Indians  residing  within  the  Territory  of 

23880  Washington,  and  Superintendent  Palmer  with  those  resid- 

23881  ing  exclusively  in  Oregon  Territory. 

23882  ARTICLE  1.  The  said  ^ez  Perce  tribe  of  Indians  hereby 

23883  cede  relinquish,  and  convey  to  the  United  States  all  their  right, 

23884  title,  and  interest  in  and  to  the  country  occupied  or  claimed  by 

23885  them,  bounded  and  described  as  follows,  to  wit :  Commencing  at 

23886  the  source  of  the  Wo-na-ne-she  or  southern  tributary  of  the  Pa- 

23887  louse  River;  thence  down  that  river  to  the  main  Palouse;  thence 

23888  in  a  southerly  direction  to  the  Snake  River,  at  the  mouth  of  the 

23889  Tucanou  River:  thence  up  the  Tucauon  to  its  source  in  the  Blue 

23890  Mountains;  thence  southerly  along  the  ridge  of  the  Blue  Mount- 

23891  ains;  thence  to  a  point  on  Grand  Roude  River,  midway  between 

23892  Grand  Ronde  and  the  mouth  of  the  Woll-low-how  River ;  thence 

23893  along  the  divide  between  the  waters  of  the  Woll-low-how  and 

23894  Powder  River;  thence  to  the  crossing  of  Snake  River,  at  the 

23895  mouth  of  Powder  River ;  thence  to  the  Salmon  River,  fifty  miles 

23896  above  the  place  known  [as]  the  "  crossing  of  the  Salmon  River ;" 

23897  thence  due  north  to  the  summit  of  the  Bitter  Root  Mountains ; 

23898  thence  along  the  crest  of  the  Bitter  Root  Mountains  to  the  place 

23899  of  beginning. 

23900  ARTICLE  2.   There  is,  however,  reserved  from  the  lands 

23901  above  ceded  for  the  use  and  occupation  of  the  said  tribe,  and  as 

23902  a  general  reservation  for  other  friendly  tribes  and  bands  of  In- 

23903  (liana  in  Washington  Territory,  not  to  exceed  the  present  num- 

23904  bers  of  the  Spokane,  Walla- Walla,  Cayuse,  and  Umatilla  tribes 

23905  and  bands  of  Indians,  the  tract  of  land  included  within  the  fol- 

23906  lowing  boundaries,  to  wit :  Commencing  where  the  Moh-ha-na- 


535 

23907  she  or  southern  tributary  of  the  Palouse  River  flows  from  the 

23908  spurs  of  the  Bitter  Root  Mountains ;  thence  down  said  tributary 

23909  to  the  mouth  of  the  Ti-nat-pan  up  Creek;  thence  southerly  to 

23910  the  crossing  of  the  Snake  River,  ten  miles  below  the  mouth  of 

23911  the  Al-po-wa-wi  River ;  thence  to  the  source  of  the  Al-po-wa-wi 

23912  River  in  the  Blue  Mountains ;  thence  along  the  crest  of  the  Blue 

23913  Mountains;  thence  to  the  crossing  of  the  Grand  Ronde  River, 

23914  midway  between  the  Grand  Roude  and  the  mouth  of  the  Woll- 
2.3915  low-how  River;  thence  along  the  divide  between  the  waters  of 
23910  the  Woll-low-how  and  Powder  Rivers ;  thence  to  the  crossing  of 

23917  the  Snake  River,  fifteen  miles  below  the  mouth,  of  the  Powder 

23918  River;  thence  to  the  Salmon  River  above  the  crossing;  thence, 

23919  by  the  spurs  of  the  Bitter  Root  Mountains,  to  the  place  of  be- 

23920  ginning. 

23921  All  which  tract  shall  be  set  apart,  and,  so  far  as  necessary, 

23922  surveyed  and  marked  out  for  the  exclusive  use  and  benefit  of 

23923  said  tribe  as  an  Indian  reservation;  nor  shall  any  white  man, 

23924  excepting  those  in  the  employment  of  the  Indian  Department, 

23925  be  permitted  to  reside  upon  the  said  reservation  without  permis 
2392(3  sion  of  the  tribe  and  the  superintendent  and  agent ;  and  the  said 

23927  tribe  agrees  to  remove  to  and  settle  upon  the  same  within  one 

23928  year  after  the  ratification  of  this  treaty.     In  the  mean  time  it 

23929  shall  be  lawful  for  them  to  reside  upon  any  ground  not  in  the 

23930  actual  claim  and  occupation  of  citizens  of  the  United  States, 

23931  and  upon  any  ground  claimed  or  occupied,  if  with  the  permission 

23932  of  the  owner  or  claimant,  guarantying,  however,  the  right  to  all 

23933  citizens  of  the  United  States  to  enter  upon  and  occupy  as  settlers 

23934  any  lands  not  actually  occupied  and  cultivated  by  said  Indians 

23935  at  this  time,  and  not  included  in  the  reservation  above  named. 
23930  And   provided   that   any  substantial   improvement   heretofore 

23937  made  by  any  Indian,  such  as  fields  enclosed  and  cultivated,  and 

23938  houses  erected  upon  the  lands  hereby  ceded,  and  which  he  may 

23939  be  compelled  to  abandon  in  consequence  of  this  treaty,  shall  be 

23940  valued  under  the  direction  of  the  President  of  the  United  States, 

23941  and  payment  made  therefor  in   money,  or  improvements  of  an 

23942  equal  value  be  made  for  said  Indian  upon  the  reservation,  and 

23943  no  Indian  will  be  required  to  abandon  the  improvements  afore- 

23944  said,  now  occupied  by  him,  until  their  value  in  money  or  im- 

23945  provements  of  equal  value  shall  be  furnished  him  as  aforesaid. 

23946  ARTICLE  3.  And  provided  that,  if  necessary  for  the  public 

23947  convenience,  roads  may  be  run  through  the  said  reservation, 

23948  and,  on  the  other  hand,  the  right  of  way,  with  free  access  from 

23949  the  same  to  the  nearest  public  highway,  is  secured  to  them,  as 

23950  also  the  right,  in  common  with  citizens  of  the  United  States,  to 

23951  travel  upon  all  public  highways.     The  use  of  the  Clear  Water 

23952  and  other  streams  flowing  through  the  reservation  is  also  se- 


536 

23953  cured  to  citizens  of  the  United  States  for  rafting  purposes,  and 

23954  as  public  highways. 

23955  The  exclusive  right  of  taking  fish  in  all  the  streams  where 
23950  running  through  or  bordering  said  reservation  is  further  secured 

23957  to  said  Indians ;  as  also  the  right  of  taking  fish  at  all  usual  and 

23958  accustomed  places  in  common  with'   citizens  of  the  Territory ; 

23959  and  of  erecting  temporary  buildings  for  curing,  together  with 
239GO  the  privilege  of  hunting,  gathering  roots  and  berries,  and  pas- 
239G1  taring  their  horses  and  cattle  upon  open  and  unclaimed  land. 

23962  ARTICLE  4.  In  consideration   of   the  above   cession,   the 

23963  United  States  agree  to  pay  to  the  said  tribe,  in  addition  to  the 

23964  goods  and  provisions  distributed  to  them  at  the  time  of  signing 

23965  this  treaty,  the  sum  of  two  hundred  thousand  dollars,  in  the 

23966  following  manner,  that  is  to  say,  sixty  thousand  dollars,  to  be 

23967  expended  under  the  direction  of  the  President  of  the  United 

23968  States,  the  first  year  after  the  ratification  of  this  treaty,  in  pro- 

23969  viding  for  their  removal  to  the  reserve,  breaking  up  and  fenc- 

23970  ing  farms,  building  houses,  supplying  them  with  provisions  and 

23971  a  suitable  outfit,  and  for  such  other  objects  as  he  may  deem 

23972  necessary,  and  the  remainder  in  annuities,  as  follows :  for  the 

23973  first  five  years  after  the  ratification  of  this  treaty,  ten  thousand 

23974  dollars  each  year  commencing  September  1,  1856  j  for  the  next 

23975  five  years,  eight  thousand  dollars  each  year  ;  for  the  next  five 

23976  years,  six  thousand  each  year,  and  for  the  next  five  years,  four 

23977  thousand  dollars  each  year. 

23978  All  which  said  sums  of  money  shall  be  applied  to  the  use  and 

23979  benefit  of  the  said  Indians,  under  the  direction  of  the  President 

23980  of  the  United  States,  who  may,  from  time  to  time,  determine, 

23981  at  his  discretion,  upon  what  beneficial  objects  to  expend  the 

23982  same  for  them.     And  the  superintendent  of  Indian  affairs,  or 

23983  other  proper  officer,  shall  each  year  inform  the  President  of  the 

23984  wishes  of  the  Indians  in  relation  thereto. 

23985  ARTICLE  5.  The  United  States  further  agree  to  establish, 

23986  at  suitable  points  within  said  reservation,  within  one  year  after 

23987  the  ratification  hereof,  two  schools,  erecting  the  necessary  build- 

23988  ings,  keeping  the  same  in  repair,  and  providing  them  withfurni- 

23989  ture,  books,  and  stationery,  one  of  which  shall  be  an  agricul- 

23990  tural  and  industrial  school,  to  be  located  at  the  agency,  and  to 

23991  be  free  to  the  children  of  said  tribe,  and  to  employ  one  superintend- 

23992  ent  of  teaching  and  two  teachers ;  to  build  two  blacksmiths1  shops, 

23993  to  one  of  which  shall  be  attached  a  tin-shop  and  to  the  other  a 

23994  gunsmith's  shop  ;  one  carpenter's  shop,  one  wagon  and  plough 
J3995  maker's  shop,  and  to  keep  the  same  in  repair,  and  furnished 

23996  with  the  necessary  tools ;  to  employ  one  superintendent  of  farai- 

23997  ing  and  two  farmers,  two  blacksmiths,  one  tinner,  one  gunsmith, 

23998  one  carpenter,  one  wagon  and  plough  maker,  for  the  instruction 


537 

23999  of  the  Indians  in  trades,  and  to  assist  them  in   the   same ;  to 

24000  erect  one  saw-mill  and  one  flouring- m  ill,  keeping  the  same  in 

24001  repair,  and  furnished  with  the  necessary  tools  and  fixtures,  and 

24002  to  employ  two  millers ;  to  erect  a  hospital,  keeping  the  same  in 

24003  repair,  and  provided  with  the  necessary  medicines  and  furniture, 

24004  and  to  employ  a  physician ;  and  to  erect,  keep  in  repair,  and 

24005  provide  with  the  necessary  furniture  the  buildings  required  for 
24008  the  accommodation  of  the  said  employees.    The  said  buildings 

24007  and  establishments  to  be  maintained  and  kept  in  repair  as 

24008  aforesaid,  and  the  employees  to  be  kept  in  service  for  the  period 

24009  of  twenty  years. 

24010  And  in  view  of  the  fact  that  the  head  chief  of  the  tribe  is 

24011  expected,  and  will  be  called  upon,  to  perform  many  services  of 

24012  a  public  character,   occupying   much  of  his  time,   the  United 

24013  States  further  agrees  to  pay  to  the  Nez  Perce  tribe  five  hundred 

24014  dollars  per  year,  for  the  term  of  twenty  years  after  the  ratifica- 

24015  tion  hereof,  as  a  salary  for  such  person  as  the  tribe  may  select 

24016  to  be  its  head  chief;  to  build  for  him,  at  a  suitable  point  011 

24017  the  reservation,  a  comfortable  house,  and  properly  furnish  the 

24018  same,  and  to  plough  and  fence  for  his  use  ten  acres  of  land. 

24019  The  said  salary  to  be  paid  to,  and  the  said  house  to  be  occupied 

24020  by,  such  head  chief  so  long  as  he  may  be  elected  to  that  position 

24021  by  his  tribe,  and  no  longer. 

24022  And  all  the  expenditures  and  expenses  contemplated  in  this 

24023  fifth  article  of  this  treaty  shall  be  defrayed  by  the  United  States, 

24024  and  shall  not  be  deducted  from  the  annuities  agreed  to  be  paid 

24025  to  said  tribe,  nor  shall  the  cost  of  transporting  the  goods  for 
2402G  the  annuity-payments  be  a  charge  upon  the  annuities,  but  shall 

24027  be  defrayed  by  the  United  States. 

24028  ARTICLE  6.  The  President  may,  from  time  to  time,  at  his 

24029  discretion,  cause  the  whole,  or  such  portions  of  such  reservation 

24030  as  he  may  think  proper,  to  be  surveyed  into  lots,  and  assign  the 

24031  same  to  such  individuals  or  families  of  the  said  tribe  as  are 

24032  willing  to  avail  themselves  of  the  privilege,  and  will  locate  on 

24033  the  same  as  a  permanent  home,  on  the  same  terms  and  subject 

24034  to  the  same  regulations  as  are  provided  in  the  sixth  article  of 

24035  the  treaty  with  the  Omahas  in  the  year  1854,  so  for  as  the  same 

24036  may  be  applicable. 

24037  ARTICLE  7.  The  annuities  of  the  aforesaid  tribe  shall  not 

24038  be  taken  to  pay  the  debts  of  individuals. 

24039  ARTICLE  8.  The  aforesaid  tribe  acknowledge  their  depend 

24040  ence  upon  the  Government  of  the  United  States,  and  promise 

24041  to  be  friendly  with  all  citizens  thereof,  and  pledge  themselves  to 

24042  commit  no  depredations  on  the  property  of  such  citizens;  and 

24043  should  any  one  cr  more  of  them  violate  this  pledge,  and  the  fact 

24044  be  satisfactorily  proved  before  the  agent,  the  property  taken 

C8  I  T 


538 

24045  shall  be  returned,  or  in  default  thereof,  or  if  injured  or  destroyed, 

24046  compensation  may  be  made  by  the  Government  out  of  the  an- 

24047  unities.    Nor  will  they  make  war  on  any  other  tribe,  except  in 

24048  self-defence,  but  will  submit  all  matters  of  difference  between 
24040  them  and  the  other  Indians  to  the  Government  of  the  United 

24050  States,  or  its  agent,  for  decision,  and  abide  thereby  5  and  if  any 

24051  of  the  said  Indians  commit  any  depredations  on  any  other  In- 

24052  diaus  within  the  Territory  of  Washington,  the  same  rule  shall 

24053  prevail  as  that  prescribed  in  this  article  in  cases  of  depredations 

24054  against  citizens.    And  the  said  tribe  agrees  not  to  shelter  or 

24055  conceal  offenders  against  the  laws  of  the  United  States,  but  to 
2405G  deliver  them  up  to  the  authorities  for  trial. 

24057  ARTICLE  9.  The  Nez  Perces  desire  to  exclude  from  their 

24058  reservation  the  use  of  ardent  spirits,  and  to  prevent  their  people 

24059  from  drinking  the  same  ;  and  therefore  it  is  provided  that  any 

24060  Indian  belonging  to  said  tribe  who  is  guilty  of  bringing  liquor 
240G4  into  said  reservation,  or  who  drinks  liquor,  may  have  his  or  her 
240G2  proportion  of  the  annuities  withheld  from  him  or  her  for  such 

24063  time  as  the  President  may  determine. 

24064  ARTICLE  10.  The  Xez  Perce  Indians  having  expressed  in 

24065  council  a  desire  that  William  Craig  should  continue  to  live  with 
2406G  them,  he  having  uniformly  shown  himself  their  friend,  it  is  fur- 

24067  ther  agreed  that  the  tract  of  land  now  occupied  by  him,  and 

24068  described  in  his  notice  to  the  register  and  receiver  of  the  land- 

24069  office  of  the  Territory  of  Washington,  on  the  fourth  day  of  June 

24070  last,  shall  not  be  considered  a  part  of  the  reservation  provided 

24071  for  in  this  treaty,  except  that  it  shall  be  subject,  in  common 

24072  with  the  lands  of  the  reservation,  to  the  operations  of  the  inter- 

24073  course  act. 

24074  ARTICLE  11.  This  treaty  shall  be  obligatory  upon  the  con- 

24075  tr acting  parties  as  soon  as  the  same  shall  be  ratified  by  the 

24076  President  and  Senate  of  the  United  States. 

24077  Proclaimed  April  29,  1859. 

24078  Treaty  between  the  United  States  of  America  and  the  Ncz  Perec 

24079  tribe   of  Indians,  concluded  June  9,  1863  $    ratification   ad- 

24080  vised,  April  17,  1867. 

24081  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

24082  to  all  and  singular  to  whom  these  presents  shall  come, 

24083  greeting : 

24084  Whereas  a  treaty  was  made  and  concluded  at  the  council- 

24085  ground,  in  the  valley  of  the  Lapwai,  in  the  Territory  of  Wash- 

24086  iugtou,  on  the  ninth  day  of  June,  in  the  year  of  our  Lord  one 

24087  thousand  eight  hundred  and  sixty-three,  by  and  between  Calvin 

24088  H.  Hale,  Charles  Hutchins,  and  S.  D.  Howe,  commissioners,  on 


539 

24089  the  part  of  the  United  States,  and  Lawyer,  Ute-sin-inale-e-cum, 

24090  Ha-harcli-tuesta,  and  other  chiefs  and   headmen  of   the  Nez 

24091  Perce  tribe  of  Indians  on  the  part  o    buiu  mmaiis,  and  duly  au- 

24092  thorized  thereto  by  them,  which  treaty  is  in  the  words  and  fig- 

24093  ures  following,  to  wit: 


24094  Treaty  between  the  United  Mates  of  America  and  the  Nez  Perce  In- 

24095  dianSj  concluded  at  the  council-ground,  in  the   valley  of  the 

24096  Lapwai,  June  ninth,  1863. 

24097  Articles  of  agreement  made  and  concluded   at    the  council 

24098  ground,  in  the  valley  of  the  Lapwai,  W.  T.,  on  the  ninth 

24099  day  of  June,  one  thousand  eight  hundred  and  sixty-three, 

24100  between  the  United  States  of  America,  by  0.  H.  Hale,  su- 

24101  perintendent  of  Indian  affairs,  and  Charles  Hutchius  and 

24102  S.  D.  Howe,  U.  S.  Indian  agents  for  the  Territory  of  Wash- 

24103  iugton,   acting  on  the  part  and  in   behalf  of  the  United 

24104  States,  and  the  Nez  Perce  Indians,  by  the  chiefs,  head-men, 

24105  and  delegates  of  said  tribe,  such  articles  being  supplemen- 

24106  tary  and  amendatory  to  the  treaty  made  between  the  Urii- 

24107  ted  States  and  said  tribe  on  the  llth  day  of  June,  1855. 

24108  ARTICLE  1.  The  said  Nez  Perce  tribe  agree  to  relinquish, 

24109  and  do  hereby  relinquish,  to  the  United  States  the  lands  here- 

24110  tofore  reserved  for  the  use  and  occupation  of  the  said  tribe,  sav- 

24111  ing  and  excepting  so  much  thereof  as  is  described  in  Article  II, 

24112  for  a  new  reservation. 

24113  ARTICLE  2.  The  United  States  agree  to  reserve  for  a  home, 

24114  and  for  the  sole  use  and  occupation  of  said  tribe,  the  tract  of 

24115  land  included  within  the  following  boundaries,  to  wit:  Com- 

24116  mencing  at  the  northeast  corner  of  Lake  Wa-ha,  and  running 

24117  thence,  northerly,  to  a  point  on  the  north  bank  of  the  Clearwater 

24118  River,  three  miles  below  the  mouth  of  the  Lapwai,  thence  down 

24119  the  north  bank  of  the  Clearwater  to  the  mouth  of  the  Hatwai 

24120  Creek  •  thence  due  north,  to  a  point  seven  miles  distant ;  thence, 

24121  eastwardly,  to  a  point  on  the  north  fork  of  the  Clearwater,  seven 

24122  miles  distant  from  its  mouth  ;  thence  to  a  point  on  Oro  Fino 

24123  Creek,  five  miles  above  its  mouth ;   thence  to  a  point  on  the 

24124  north  fork  of  the  south  fork  of  the  Clearwater,  five  miles  above 

24125  its  mouth  •  thence  to  a  point  on  the  south  fork  of  the  Clear- 

24126  water,  one  mile  above  the  bridge,  on  the  road  leading  to  Elk 

24127  City,  (so  as  to  include  all  the   Indian  farms  now  within  the 

24128  forks ;)  thence  in  a  straight  line,  westwardly,  to  the  place  of 

24129  beginning. 

24130  All   of  which   tract   shall   be   set   apart,  and   the  above- 

24131  described  boundaries  shall  be  surveyed   and  marked  out  for 

24132  the  exclusive  use  and  benefit  of  said  tribe  as  an  Indian  reserva- 


540 

24133  tioD,  nor  shall  any  white  man,  excepting  those  in  the  employ  - 

24134  ment  of  the  Indian  Department,  be  permitted  to  reside  upon 

24135  the  said  reservation  without  permission  of  the  tribe  and  the 

24136  superintendent  and  agent;  and  the  said  tribe  agrees  that  so  soon 

24137  after  the  United  States  shall  make  the  necessary  provision  for 

24138  fulfilling  the  stipulations  of  this  instrument  as  they  can  con- 

24139  veniently  arrange  their  affairs,  and  not  to  exceed  one  year  from 

24140  its  ratification,  they  will  vacate  the  country  hereby  relinquished, 

24141  and  remove  to  and  settle  upon  the  lands  herein  reserved  for 

24142  them,  (except  as  may  be  hereinafter  provided.)     In  the  mean 

24143  time  it  shall  be  lawful  for  them  to  reside  upon  any  ground  now 

24144  occupied  or  under  cultivation  by  said  Indians  at  this  time,  and 

24145  not  included  in  the  reservation  above  named.     And  it  is  pro. 

24146  vided  that  any  substantial  improvement  heretofore  made  by 

24147  any  Indian,  such  as  fields  inclosed  and  cultivated,  or  houses 

24148  erected  upon  the  lands  hereby  relinquished,  and  which  he  may 

24149  be  compelled  to  abandon  in  consequence  of  this  treaty,  shall  be 

24150  valued  under  the  direction  of  the  President  of  the   United 

24151  States,  and  payment  therefor  shall  be  made  in  stock  or  in  im- 

24152  provenients  of  an  equal  value  for  said  Indian  upon  the  lot  which 

24153  may  be  assigned  to  him  within  the  bounds  of  the  reservation,  as 

24154  he  may  choose,  and  no  Indian  will  be  required  to  abandon  the 

24155  improvements  aforesaid,  now  occupied  by  him,  until  said  pay- 

24156  ment  or  improvement  shall  have  been  made.     And  it  is  further 

24157  provided,  that  if  any  Indian  living  on  any  of  the  land  hereby 

24158  relinquished  should  prefer  to  sell  his  improvements  to  any  white 

24159  man,  being  a  loyal  citizen  of  the  United  States,  prior  to  the 

24160  same  being  valued  as  aforesaid,  he  shall  be  allowed  so  to  do,  but 

24161  the  sale  or  transfer  of  said  improvements  shall  be  made  in  the 

24162  presence  of,  and  with  the  consent  and  approval  or",  the  agent  or 

24163  superintendent,  by  whom  a  certificate  of  sale  shall  be  issued  to 

24164  the  party  purchasing,  which  shall  set  forth  the  amount  of  the 

24165  consideration  in  kind.    Before  the  issue  of  said  certificate,  the 

24166  agent  or  superintendent  shall  be  satisfied  that  a  valuable  con- 

24167  sideration  is  paid,  and  that  the  party  purchasing  is  of  undoubted 

24168  loyalty  to  the  United  States  Government.     No  settlement  or 

24169  claim  made  upon  the  improved  lands  of  any  Indian  will  be  per- 

24170  mitted,  except  as  herein  provided,  prior  to  the  time  specified  for 

24171  their  removal.    Any  sale  or  transfer  thus  made  shall  be  in  the 

24172  stead  of  payment  for  improvements  from  the  United  States. 

24173  ARTICLE  3.  The  President  shall,  immediately  after  the  rati- 

24174  fication  of  this  treaty,  cause  the  boundary-lines  to  be  surveyed. 

24175  and  properly  marked  and  established ;  after  which,  so  much  of 

24176  the  lands  hereby  reserved  as  may  be  suitable  for  cultivation 

24177  shall  be  surveyed  into  lots  of  twenty  acres  each,  and  every 

24178  male  person  of  the  tribe  who  shall  have  attained  the  age  of 


541 

twenty-one  years,  or  is  the  head  of  a  family,  shall  have  the 

24180  privilege  of  locating  upon  one  lot  as  a  permanent  home  for  such 

24181  person,  and  the  lands  so  surveyed  shall  be  allotted  under  such 

24182  rules  and  regulations  as  the  President  shall  prescribe,  having 

24183  such  reference  to  their  settlement  as  may  secure  adjoining  each 

24184  other  the  location  of  the  different  families  pertaining  to  each 

24185  band,  so  far  as  the  same  may  be  practicable.     Such  rules  and 
24180  regulations  shall  be  prescribed  by  the  President,  or  under  his 

24187  direction,  as  will  insure  to  the  family,  in  case  of  the  death  of 

24188  the  head  thereof,  the  possession  and  enjoyment  of  such  perrna- 
24180  nent  home,  and  the  improvements  thereon.    When  the  assign- 

24100  ments  as  above  shall  have  been  completed,  certificates  shall  bo 

24101  issued  by  the  Commissioner  of  Indian  Affairs,   or  under  his 

24102  direction,  for  the  tracts  assigned  in  severalty,  specifying  the 

24103  names  of  the  individuals  to  whom   they  have  been  assigned 

24104  respectively,  and  that  said  tracts  are  set  apart  for  the  perpetual 

24105  and  exclusive  use  and  benefit  of  such  assignees  and  their  heirs. 

24106  Until  otherwise  provided  by  law,  such  tracts  shall  be  exempt 

24107  from  levy,  taxation,  or  sale,  and  shall  be  alienable  in  fee,  or 

24108  leased,  or  otherwise  disposed  of,  only  to  the  United  States,  or  to 
24100  persons  then  being  members  of  the  Xez  Peree  tribe,  and  of 

24200  Indian  blood,  with  the  permission  of  the  President,  and  under 

24201  such  regulations  as  the  Secretary  of  the  Interior  or  the  Commis- 

24202  sioner  of  Indian  Aftairs  shall  prescribe ;  and  if  any  such  person 

24203  or  family  shall  at  any  time  neglect  or  refuse  to  occupy  and  till  a 

24204  portion  of  the  land  so  assigned,  and  on  which  they  have  located, 

24205  or  shall  rove  from  place  to  place,  the  President  may  cancel  the 

24206  assignment,  and  may  also  withhold  from  such  person  or  family 

24207  their  proportion  of  the  annuities  or  other  payments  due  them 

24208  until  they  shall  have  returned  to  such  permanent  home,  and  re- 
24200  sumed  the  pursuits  of  industry;  and  in  default  of  their  return, 

24210  the  tract  may  be  declared  abandoned,  and  thereafter  assigned  to 

24211  some  other  person  or  family  of  such  tribe.     The  residue  of  the 

24212  land  hereby  reserved  shall  be  held  in  common  for  pasturage  for 

24213  the  sole  use  and  benefit  of  the  Indians:  Provided,  ho-wever,  That 

24214  from  time  to  time,  as  members  of  the  tribe  may  come  upon  the 

24215  reservation,  or  may  become  of  proper  age,  after  the  expiration 

24216  of  the  time  of  one  year  after  the  ratification  of  this  treaty,  as 

24217  aforesaid,  and  claim  the  privileges  granted  under  this  article, 

24218  lots  may  be  assigned  from  the  lands  thus  held  in  common,  wher- 
24210  ever  the  same  may  be  suitable  for  cultivation.    No  State  or  ter- 

24220  ritorial  legislature  shall  remove  the  restriction  herein  provided 

24221  for  without  the  consent  of  Congress,  and  no  State  or  territorial 

24222  law  to  that  end  shall  be  deemed  valid  until  the  same  has  been 

24223  specially  submitted  to  Congress  for  its  approval. 

24224  ARTICLE  4.  In  consideration  of  the  relinquishinent  herein 


542 

24225  made  the  United  States  agree  to  pay  to  the  said  tribe,  in  adtii- 

24226  tion  to  the  annuities  provided  by  the  treaty  of  June  11,  1855, 

24227  (proclaimed  April  20,  1859,)  and  the  goods  and  provisions  dis- 

24228  tributed  to  them  at  the  time  of  signing  this  treaty,  the  sum  of 

24229  two  hundred  and  sixty-two  thousand  and  five  hundred  dollars, 

24230  iu  manner  following,  to  wit: 

24231  First.  One  hundred  and  fifty  thousand  dollars,  to  enable  the 

24232  Indians  to  remove  and  locate  upon  the  reservation,  to  be  expended 

24233  in  the  ploughing  of  laud,  and  the  fencing  of  the  several  lots 

24234  which  may  be  assigned  to  those  individual  members  of  the  tribe 

24235  who  will  accept  the  same  in  accordance  with  the  provisions  of 

24236  the  preceding  article,  which  said  sum  shall  be  divided  into  four 

24237  annual  instalments,  as  follows:  For  the  first  year  after  the  rati- 

24238  fication  of  this  treaty,  seventy  thousand  dollars  ;  for  the  second 

24239  year,  forty  thousand  dollars;  for  the  third  year,  twenty-five 

24240  thousand  dollars;  for  the  fourth  year,  fifteen  thousand  dollars. 

24241  Second.  Fifty  thousand  dollars  to  be  paid  the  first  year 

24242  after  the  ratification  of  this  treaty  in  agricultural  implements,  to 

24243  include  wagons  or  carts,  harness,  and  cattle,  sheep  or  other  stock, 

24244  as  may  be  deemed  most  beneficial  by  the  superintendent  of  In- 

24245  dian  affairs,  or  agent,  after  ascertaining  the  wishes  of  the  Iii- 

24246  dians  in  relation  thereto. 

24247  Third.  Ten  thousand  dollars  for  the  erection  of  a  saw  and 

24248  flouring  mill,  to  be  located  at  Kamia,  the  same  to  be  erected 

24249  within  one  year  after  the  ratification  hereof. 

;>4250  Fourth.  Fifty  thousand  dollars  for  the  boarding  and  cloth- 

24251  ing  of  the  children  who  shall  attend  the  schools,  in  accordance 

24252  with  such  rules  or  regulations  as  the  Commissioner  of  Indian 

24253  Affairs  may  prescribe,  providing  the  schools  and  boarding-houses 

24254  with  necessary  furniture,  the  purchase  of  necessary  wagons, 

24255  teams,  agricultural  implements,  tools,  &c.,  for  their  use,  and  for 

24256  the  fencing  of  such  lands  as  may  be  needed  for  gardening  and 

24257  farming  purposes,  for  the  use  and  benefit  of  the  schools,  to  be 

24258  expended  as  follows :  The  first  year  after  the  ratification  of  this 

24259  treaty,  six  thousand  dollars;  for  the  next  fourteen  years,  three 

24260  thousand  dollars  each  year ;  and  for  the  succeeding  year,  being 

24261  the  sixteenth  and  last  instalment,  two  thousand  dollars. 

24262  Fifth.  A  further  sum  of  two  thousand  five  hundred  dollars 

24263  shall  be  paid  within  one  year  after  the  ratification  hereof,  to 

24264  enable  the  Indians  to  build  two  churches,  one  of  which  is  to  be 

24265  located  at  some  suitable  point  on  the  Kamia,  and  the  other  on 

24266  the  Lapwai. 

24267  ARTICLE  5.  The  United  States  further  agree,  that  in  addi. 

24268  tion  to  a  head  chief  the  tribe  shall  elect  two  subordinate  chiefs, 

24269  who  shall  assist  him  in  the  performance  of  his  public  services, 

24270  -  and  each  subordinate  chief  shall  have  the  same  amount  of  land 


543 

24271  ploughed  and  fenced,  with  comfortable  house  and  necessary  fur- 

24272  niture,  and  to  whom  the  same  salary  shall  be  paid  as  is  already 

24273  provided  for  the  head  chief  in  article  5  of  the  treaty  of  June  11, 

24274  1855,  the  salary  to  be  paid  and  the  houses  and  land  to  be  occu- 

24275  pied  during  the  same  period  and  under  like  restrictions  as  therein 

24276  mentioned. 

24277  And  for  the  purpose  of  enabling  the  agent  to  erect  said 

24278  buildings,  and  to  plough  and  fence  the  land,  as  well  as  to  pro- 

24279  cure  the  necessary  furniture,  and  to  complete  and  furnish  the 

24280  house,  &c.,  of  the  head  chief,  as  heretofore  provided,  there  shall 

24281  be  appropriated,  to  be  expended  within  the  first  year  after  the 

24282  ratification  hereof,  the  sum  of  two  thousand  five  hundred  dol- 

24283  lars. 

24284  And  inasmuch  as  several  of  the  provisions  of  said  art.  5th 

24285  of  the  treaty  of  June  11,  1855,  pertaining  to  the  erection  of 

24286  school-houses,  hospitals,   shops,   necessary  buildings  for    em- 

24287  ploye[e]s  and  for  the  agency,  as  well  as  providing  the  same  with 

24288  necessary  furniture,  tools,  &c.,  have  not  yet  been  complied  with, 

24289  it  is  hereby  stipulated  that  there  shall  be  appropriated,  to  be 

24290  expended  for  the  purposes  herein  specified  during  the  first  year 

24291  after  the  ratification  hereof,  the  following  sums,  to  wit : 

24292  First.  Ten  thousand  dollars  for  the  erection   of   the  two 

24293  schools,  including  boarding-houses  and  the  necessary  out-build- 

24294  ings  ;  said  schools  to  be  conducted  on  the  manual-labor  system 

24295  as  far  as  practicable. 

24296  Second.  Twelve  hundred  dollars  for  the  erection  of  the  hos- 

24297  pital,  and  providing  the  necessary  furniture  for  the  same. 

24298  Third.  Two  thousand  dollars  for  the  erection  of  a  black- 

24299  smith's  shop,  to  be  located  at  Kamia,  to  aid  in  the  completion 

24300  of  the  smith's  shop  at  the  agency,  and  to  purchase  the  necessary 

24301  tools,  iron,  steel,  &c. ;  and  to  keep  the  same  in  repair  and  prop- 

24302  erly  stocked  with  necessary  tools  and  materials,  there  shall  be 

24303  appropriated  thereafter,  for  the  fifteen  years  next  succeeding, 

24304  the  sum  of  five  hundred  dollars  each  year. 

24305  Fourth.  Three  thousand  dollars  for  erection  of  houses  for 

24306  employe[e]s7  repairs  of  mills,  shops,  &c.,  and  providing  neces- 

24307  sary  furniture,  tools,  and  materials.    For  the  same  purpose,  and 

24308  to  procure  from  year  to  year  the  necessary  articles — that  is  to 

24309  say,  saw-logs,  nails,  glass,  hardware,  &c. — there  shall  be  appro- 

24310  printed  thereafter,  for  the  twelve  years  next  succeeding,  the  sum 

24311  of  two  thousand  dollars  each  year  ;  and  for  the  next  three  years 

24312  one  thousand  dollars  each  year. 

24313  And  it  is  further  agreed  that  the  United  States  shall  em- 

24314  ploy,  in  addition  to  those  already  mentioned  in  art.  5th  of  the 

24315  treaty  of  June  11,   1855,  two  matrons  to  take  charge  of  the 

24316  boarding-schools,  two  assistant  teachers,  one  farmer,  one  car- 

24317  pouter,  and  two  millers. 


544 

24318  All  the  expenditures  and  expenses  contemplated   in  this 

24319  treaty,  and  not  otherwise  provided  for,  shall  be  defrayed  by  the 

24320  United  States. 

24321  ARTICLE  6.  In  consideration  of  the  past  services  and  faith- 

24322  fulness  of  the  Indian  chief,  Timothy,  it  is  agreed  that  the  United 

24323  States  shall  appropriate  the  sum  of  six  hundred  dollars,  to  aid 

24324  him  in  the  erection  of  a  house  upon  the  lot  of  laud  which  may 

24325  be  assigned  to  him,  in  accordance  with  the  provisions  of  the 

24326  third  article  of  this  treaty. 

24327  ARTICLE  7.  The  United  States  further  agree  that  the  claims 

24328  of  certain  members  of  the  Nez  Perce  tribe  against  the  Govern- 

24329  ment  for  services  rendered  and  for  horses  furnished  by  them  to 

24330  the  Oregon  mounted  volunteers,  as  appears  by  certificate  issued 

24331  by  W.  H.  Fauntleroy,  A.  B.  Qr.  M.  and  Com.  Oregon  volunteers, 

24332  on  the  6th  of  March,  1856,  at  Camp  Cornelius,  and  amounting 

24333  to  the  sum  of  four  thousand  six  hundred  and  sixty-five  dollars, 

24334  shall  be  paid  to  them  in  full  in  gold  coin. 

24335  ARTICLE  8.  It  is  also  understood  that  the  aforesaid  tribe  do 

24336  hereby  renew  their  acknowledgments  of  dependence  upon  the 

24337  Government  of  the  United  States,  their  promises  of  friendship 

24338  and  other  pledges,  as  set  forth  in  the  eighth  article  of  the  treaty 

24339  of  June  11,  1855 ;  and  further,  that  all  the  provisions  of  said 

24340  treaty  which  are  not  abrogated  or  specifically  changed  by  any 

24341  article  herein  contained,  shall  remain  the  same  to  all  intents  and 

24342  purposes  as  formerly — the  same  obligations  resting  upon  the 

24343  United  States,  the  same  privileges  continued  to  the  Indians  out- 

24344  side  of  the  reservation,  and  the  same  rights  secured  to  citizens 

24345  of  the  U.  S.  as  to  right  of  way  upon  the  streams  and  over  the 

24346  roads  which  may  run  through  said  reservation,  as  are  therein 

24347  set  forth. 

24348  But  it  is  further  provided  that  the  United  States  is  the  only 

24349  competent  authority  to  declare  and  establish  such  necessary 

24350  roads  and  highways,  and  that  no  other  right  is  intended  to  be 

24351  hereby  granted  to  citizens  of  the  United  States  than  the  right 

24352  of  way  upon  or  over  such  roads  as  may  thus  be  legally  estab- 

24353  lished:  Provided,  hoiccver,  That  the  roads  now  usually  travelled 

24354  shall,  in  the  mean  time,  be  taken  and  deemed  as  within 'the 

24355  meaning  of  this  article,  until  otherwise  enacted  by  act  of  Con- 

24356  gress  or  by  the  authority  of  the  Indian  Department. 

24357  And  the  said  tribe  hereby  consent  that  upon  the  public 

24358  roads  which  may  run  across  the  reservation  there  may  be  estab- 

24359  lished,  at  such  points  as  shall  be  necessary  for  public  conven- 

24360  ience,  hotels,  or  stage-stands,  of  the  number  and  necessity  of 

24361  which  the  agent  or  superintendent  shall  be  the  sole  judge,  who 

24362  shall  be  competent  to  license  the  same,  with  the  privilege  of 

24363  using  such  amount  of  land  for  pasturage  and  other  purposes 


545 

24364  connected  with,  such  establishment  as  the  agent  or  superinteud- 

24365  eut  shall  deem  necessary,  it  being  understood  that  such  lands 

24366  for  pasturage  are  to  be  enclosed,  and  the  boundaries  thereof  de- 

24367  scribed  in  the  license. 

24368  And  it  is  further  understood  and  agreed  that  all  ferries  and 

24369  bridges  within  the  reservation  shall  be  held  and  managed  for 

24370  the  benefit  of  said  tribe. 

24371  Such  rules  and  regulations  shall  be  made  by  the  Commis- 

24372  sioner  of  Indian  Affairs,  with  the  approval  of  the  Secretary  of 

24373  the  Interior,  as  shall  regulate  the  travel  on  the  highways,  the 

24374  management  of  the  ferries  and  bridges,  the  licensing  of  public 

24375  houses,  and  the  leasing  of  lands,  as  herein  provided,  so  that  the 

24376  rents,  profits,  and  issues  thereof  shall  inure  to  the  benefit  of  said 

24377  tribe,  and  so  that  the  persons  thus  licensed  or  necessarily  employed 

24378  in  any  of  the  above  relations,  shall  be  subject  to  the  control  of 

24379  the  Indian  Department  and  to  the  provisions  of  the  act  of  Con- 

24380  gress  "  to  regulate  trade  and  intercourse  with  the  Indian  tribes, 

24381  and  to  preserve  peace  on  the  frontiers.77 

24382  All  timber  within  the  bounds  of  the  reservation  is  exclu- 

24383  sively  the  property  of  the  tribe,  excepting  that  the  U.  S.  Gov- 

24384  ernment  shall  be  permitted  to  use  thereof  for  any  purpose  con- 

24385  nected  with  its  affairs,  either  in  carrying  out  any  of  the  pro- 

24386  visions  of  this  treaty,  or  in  the  maintaining  of  its  necessary  forts 

24387  or  garrisons. 

24388  The  United  States  also  agree  to  reserve  all  springs  or  fouut- 

24389  ains  not  adjacent  to,  or  directly  connected  with,  the  streams  or 

24390  rivers  within  the  lands  hereby  relinquished, *and  to  keep  back 

24391  from  settlement  or  entry  so  much  of  the  surrounding  land  as 

24392  may  be  necessary  to  prevent  the  said  springs  or  fountains  being 

24393  enclosed  ;  and,  further,  to  preserve  a  perpetual  right  of  way  to 

24394  and  from  the  same,  as  watering  places,  for  the  use  in  common  of 

24395  both  whites  and  Indians. 

24396  ARTICLE  9.  Inasmuch  as  the  Indians  in  council  have  ex- 

24397  pressed  their  desire  that  Robert  Newell  should  have  confirmed 

24398  to  him  a  piece  of  laud  lying  between   Snake  and  Clearwater 

24399  Rivers,  the  same  having  been  given  to  him  on  the  9th  day  of 

24400  June,  1861,  and  described  in  an  instrument  of  writing  bearing 

24401  that  date,  and  signed  by  several  chiefs  of  the  tribe,  it  is  hereby 

24402  agreed  that  the  said  Robert  Newell  shall  receive  from  the  United 

24403  States  a  patent  for  the  said  tract  of  land. 

24404  ARTICLE  10.  This  treaty  shall  be  obligatory  upon  the  con- 

24405  tracting  parties  as  soon  as  the  same  shall  be  ratified  by  the  Pres- 

24406  ident  and  Senate  of  the  United  States. 

24407  Proclaimed  April  24,  1867. 

69  IT 


546 

24408  Amendatory  treaty  to  the  treaty  of  June  9,  1863,  between  the  United 

24409  States  of  America  and-  the  Nez  Perce  tribe  of  Indians,  con- 

24410  dueled  Ay  gust  13,  1868;  ratification  advised  February  16, 

24411  1869. 

24412  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

24413  to  all  and  singular  to  whom  these  presents  shall  corae,  greet- 

24414  ing: 

24415  Whereas  to  the  treaty  of  the  ninth  of  June,  one  thousand 

24416  eight    hundred   and  sixty-three,  (proclaimed   April   20.  1867,) 

24417  between  the  United  States  and  the  Nez  Perce  tribe  of  Indians, 

24418  an  amendatory  treaty  was  concluded  at  the  city  of  Wash  in  g- 

24419  ton,  in   the   District   of  Columbia,  on    the   thirteenth   day   of 

24420  August,  in  the  year  of  our  Lord  one  thousand  eight  hundred 

24421  and  sixty-eight,  by  and  between  Nathaniel  G.  Taylor,  commis- 

24422  sioner  on  the  part  of  the  United  States,  and    Lawyer,  head 

24423  chief,  and  Timothy  and  Jason,  chiefs,  of  the  Nez  Perce  tribe 

24424  of  Indians,  on  the  part  of  said  tribe  of  Indians,  and  duly  author- 

24425  ized  thereto  by  them,  which  amendatory  treaty  is  in  the  words 

24426  and  figures  following,  to  wit : 

24427  Whereas  certain  amendments  are  desired  by  the  Nez  Perce 

24428  tribe  of  Indians  to  their  treaty  concluded  at  the  council  ground 

24429  in  the  valley  of  the  Lapwai,  in  the  Territory  of  AVasbington,  on 

24430  the  ninth  day  of  June,  in  the  year  of  our  Lord  one  thousand 

24431  eight  hundred  and  sixty-three;  and  whereas  the  United  States 

24432  are  willing  to  assent  to  said  amendments,  it  is  therefore  agreed 

24433  by  and  between  Nathaniel  G.  Taylor,  commissioner  on  the  part 

24434  of  the  United  States,  thereunto  duly  authorized ;  and  Lawyer? 

24435  Timothy,  and  Jason,  chiefs  of  said  tribe,  also  being  -thereunto 

24436  duly  authorized,  in  manner  and  form  following,  that  is  to  say  : 

24437  ARTICLE  1.  That  all  lands  embraced  within  the  limits  of  the 

24438  tract  set  apart  for  the  exclusive  use  and  benefit  of  said  Indians 

24439  by  the  2d  article  of  said  treaty  of  June  9th,  1863,  which  are  sus- 

24440  ceptible  of  cultivation  and  suitable  for  Indian  farms,  which  are 

24441  not  now  occupied  by  the  United  States  for  military  purposes,  or 

24442  which  are  not  required  for  agency  or  other  buildings  and  purposes 

24443  provided  for  by  existing  treaty  stipulations,  shall  be  surveyed 

24444  as  provided  in  the  3d  article  of  said  treaty  of  June  9th,  1863,  and 

24445  as  soon  as  the  allotments  shall  be  plowed  and  fenced,  and  as  soon 

24446  as  schools  shall  be  established  as  provided  by  existing  treaty^stip- 

24447  illations,  such  Indians  now  residing  outside  the  reservation  as 

24448  may  be  decided  upon  by  the  agent  of  the  tribe  and  the  Indians 

24449  themselves,  shall  be  removed  to  and  located  upon  allotments 

24450  within   the  reservation :  Provided,  however,  That  in  case  there 

24451  should  not  be  a  sufficient  quantity  of  suitable  land  within  the 

24452  boundaries  of  the  reservation  to  provide  allotments  for  those  now 


547 

24453  there  and  those  residing  outside  the  boundaries  of  the  same,  then 

24454  those  residing  outside,  or  as  many  thereof  as  allotments  cannot 

24455  be  provided  for,  may  remain  upon  the  lands  now  occupied  and 
21456  improved  by  them,  provided,  that  the  land  so  occupied  does  not 

24457  exceed  twenty  acres  for  each  and  every  male  person  who  shall 

24458  have  attained  the  age  of  twenty-one  years  or  is  the  head  of  a 
24450  family,  and  the  tenure  of  those  remaining  upon  lands  outside  the 

24460  reservation  shall  be  the  same  as  is  provided  in  said  3d  article  of 

24461  said  treaty  of  June  Oth,  1863,  for  those  receiving  allotments 

24462  '  within  the  reservation  5  and  it  is  further  agreed  that  those  now 

24463  residing  outside  of  the  boundaries  of  the  reservation  and  who 

24464  may  continue  to  so  reside  shall  be  protected  by  the  military  au- 

24465  thorities  in  their  rights  upon  the  allotments  occupied  by  them, 

24466  and  also  in  the  privilege  of  grazing  their  animals  upon  surround- 

24467  ing  unoccupied  lauds. 

24468  ARTICLE  2.  It  is  further  agreed  between  the  parties  hereto 
24460  that  the  stipulations  contained  in  the  8th  article  of  the  treaty  of 

24470  June  Oth,  1863,  relative  to  timber,  are  hereby  annulled  as  far  as 

24471  the  same  provides  that  the  United  States  shall  be  permitted  to 

24472  use  thereof  in   the  maintaining  of  forts  or  garrisons,  and  that 

24473  the  said  Indians  shall  have  the  aid  of  the  military  authorities  to 

24474  protect  the  timber  upon  their  reservation,  and  that  none  of  the 

24475  same  shall  be  cut  or  removed  without  the  consent  of  the  head- 

24476  chief  of  the  tribe,  together  with  the  consent  of  the  agent  and 

24477  superintendent  of  Indian  affairs,  first  being  given  in  writing, 

24478  which  written  consent  shall  state  the  part  of  the  reservation  upon 
24470  which  the  timber  is  to  be  cut.  and  also  the  quantity,  and  the 

24480  price  to  be  paid  therefor. 

24481  ARTICLE  3.  It  is  further  hereby  stipulated  and  agreed  that 

24482  the  amount  due  said  tribe  for  school  purposes  and  for  the  sup- 

24483  port  of  teachers  that  has  not  been  expended  for  that  purpose 

24484  since  the  year  1864,  but  has  been  used  for  other  purposes,  shall 

24485  be  ascertained  and  the  same  shall  be  re-imbursed  to  said  tribe 

24486  by  appropriation  by  Congress,  and  shall  be  set  apart  and  invested 

24487  in  United  States  bonds  and  shall  be  held  in  trust  by  the  United 

24488  States,  the  interest  on  the  same  to  be  paid  to  said  tribe  annually 
24480  for  the  support  of  teachers. 

24400  Proclaimed  February  24,  1860. 


548 
SEW  YORK  INDIANS. 

24492  TREATY  WITH  THE  NEW   YORK  INDIANS,  AS  AMENDED  BY   THE 

24493  SENATE  AND  ASSENTED  TO  BY  THE  SEVERAL   TRIBES,  1838. 

24494  Articles  of  a  treaty  made  and  concluded  at  Buffalo  Creek,  in  the 

24495  State  of  New  For  A:,  the  fifteenth  day  of  January,  in  the  year  of 

24496  our  Lord  one  thousand   eight  hundred  and  thirty-eighty  by 

24497  Ransom  H.  Gillet,  a  commissioner  on  the  part  of  the   United 

24498  States,  and  the  chiefs,  head-men,  and  warriors  of  the  several 

24499  tribes  of  New  York  Indians  assembled  in  council,  witnesseth  : 

24500  Whereas  the  Six  Nations  of  New  York  Indians,  not  long 

24501  after  the  close  of  the  war  of  the  Revolution,  became  convinced. 

24502  from  the  rapid  increase  of  the  white  settlers  around,  that  the 

24503  time  was  not  far  distant  when  their  true  interest  must  lead  them 

24504  to  seek  a  new  home  among  their  red  brethren  in  the  West ;  and 

24505  Whereas  this  subject  was  agitated  in  a  general  council  of  the 

24506  Six  Nations  as  early  as  1810,  and  resulted  in  sending  a  memorial  to 

24507  the  President  of  the  United  States,  inquiring  whether  the  Govern - 

24508  ment  would  consent  to  their  leaving  their  habitations  and  their 

24509  removing  into  the  neighborhood  of  their  western  brethren,  and  if 

24510  they  could  procure  a  home  there,  by  gift  or  purchase,  whether 

24511  the  Government  would  acknowledge  their  title  to  the  lauds  so 

24512  obtained  in  the  same  manner  it  had  acknowledged  it  in  those 

24513  from  whom  they  might  receive  it;  and  further,  whether  the  ex- 

24514  isting  treaties  would  in  such  a  case  remain  in  full  force,  and  their 

24515  annuities  be  paid  as  heretofore;  and 

24516  Whereas,  with   the  approbation  of    the  President  of  the 

24517  United  States,  purchases  were  made  by  the  New  York  Indians 

24518  from  the  Menomonie  and  Winnebago  Indians  of  certain  lauds  at 

24519  Green  Bay  in  the  Territory  of  Wisconsin,  which  after  much  diffi- 

24520  culty  and  contention  with  those  Indians  concerning  the  extent 

24521  of  that  purchase,  the  whole  subject  was  finally  settled  by  a  treaty 

24522  between  the  United  States  and  the  Meuomonie  Indians,  con- 

24523  eluded  in  February,  1831,  to  which  the  New  York  Indians  gave 

24524  their  assent  on  the  seventeenth  day  of  October,  1832 ;  and 

24525  Whereas,  by  the  provisions  of  that  treaty,  five  hundred 

24526  thousand  acres  of  land  are  secured  to  the  New  York  Indians  of 

24527  the  Six  Nations  and   the  St.  Eegis  tribe,  as  a  future  home,  on 

24528  condition  that  they  all  remove  to  the  same  within  three  years, 

24529  or  such  reasonable  time  as  the  President  should  prescribe;  and 

24530  Whereas  the  President  is  satisfied  that  various  considera- 

24531  tions  have  prevented  those  still  residing  in  New  York  from,  re- 

24532  moving  to  Green  Bay,  and,  among  other  reasons,  that  many 


549 

24533  who  were  in  favour  of  emigration  preferred  to  remove  at  once  to 

24534  the  Indian  Territory,  which  they  were  fully  persuaded  was  the 

24535  only  permanent  and  peaceable  home  for  all  the  Indians.     And 
24530  they  therefore  applied  to  the  President  to  take  their  Green  Bay 

24537  lands,  and  provide  them  a  new  home  among  their  brethren  in 

24538  the  Indian  Territory  ;  and 

24539  Whereas  the  President,  being  anxious  to  promote  the  peace, 
21:540  prosperity,  and  happiness  of  his  red  children,  and  being  deter- 

24541  mined  to  carry  out  the  humane  policy  of  the  Government  in 

24542  removing  the  Indians  from  the  east  to  the  west  of  the  Missis- 

24543  sippi,  within  the  Indian  Territory,  by  bringing  them  to  see  and 

24544  feel,  by  his  justice  and  liberality,  that  it  is  their  true  policy  and 

24545  for  their  interest  to  do  so  without  delay  : 

24546  Therefore,  taking  into  consideration  the  foregoing  premises, 

24547  the  following  articles  of  a  treaty  are  entered  into  between  the 

24548  United  States  of  America  and  tne  several  tribes  of  the  New 

24549  York  Indians,  the  names  of  whose  chiefs,  head-men,  and  war 

24550  riors  are  hereto   subscribed,  ar.  d  those  who  may  hereafter  give 

24551  their  assent  to  this  treaty  in  writing  within  such  time  as  the 

24552  President  shall  appoint. 

24553  GENERAL   PROVISIONS. 

24554  ARTICLE  1.  The  several  tribes  of  New  York  Indians,  the 

24555  names  of  whose  chiefs,  head-men,  warriors,  and  representatives 

24556  are  hereunto  annexed,  in  consideration  of  the  premises  above 

24557  recited,  and  the  covenants  hereinafter  contained,  to  be  performed 

24558  on  the  part  of  the  United  States,  hereby  cede  and  relinquish  to 

24559  the  United  States  all  their  right,  title,  and  interest  to  the  lands 

24560  secured  to  them  at  Green  Bay  by  the  Menomouie  treaty  of  1831, 

24561  excepting  the  following  tract,  on  which  a  part  of  the  New  York 

24562  Indians  now  reside :  beginning  at  the  southwesterly  corner  of 

24563  the  French  grants  at  Green  Bay,  and  running  thence  southwardly 

24564  to  a  point  on  a  line  to  be  run  from  the  Little  Cocalin,  parallel  to 

24565  a  line  of  the  French  grants  and  six  miles  from  Fox  River;  from 

24566  thence,  on  said  parallel  line,  northwardly  six  miles ;  from  thence 

24567  eastwardly  to  a  point  on  the  northeast  line  of  the  Indian  lands, 

24568  and  being  at  right  angles  to  the  same. 

24569  ARTICLE  2.  In  consideration  of  the  above  cession  and  re- 

24570  liuquishment  on  the  part  of  the  tribes  of  the  New  York  Indians, 

24571  and  in  order  to  manifest  the  deep  interest  of  the  United  States 

24572  in  the  future  peace  and  prosperity  of  the  New  York  Indians,  the 

24573  United  States  agree  to  set  apart  the  following  tract  of  country, 

24574  situated  directly  west  of  the  State  of  Missouri,  as  a  permanent 

24575  home  for  all  the  New  York  Indians  now  residing  in  the  State  of 

24576  New  York,  or  in  Wisconsin,  or  elsewhere  in  the  United  States, 


550 

24577  who  have  no  permanent  homes,  which  said  country  is  described 

24578  as  follows,  to  wit :  Beginning  on  the  west  line  of  the  State  of 

24579  Missouri,  at  the  northeast  corner  of  the  Cherokee  tract,  and 

24580  running  thence  north  along  the  west  line  of  the  State  of  Mis- 

24581  sonri  twenty-seven  miles  to  the  southerly  line  of  the  Miami 

24582  lands ;  thence  west  so  far  as  shall  be  necessary,  by  running  a 

24583  line  at  right  angles,  and  parallel  to  the  west  line  aforesaid,  to 

24584  the  Osage  lands,   and   thence  easterly  along  the   Osage  and 

24585  Cherokee  lauds  to  the  place  of  beginning,  to  include  one  million 

24586  eight  hundred  and  twenty-four  thousand  acres  of  laud,  being 

24587  three  hundred  and  twenty  acres  for  each  soul  of  said  Indians  as 

24588  their  numbers  are  at  present  computed.     To  have  and  to  hold 
24580  the  same  in  fee-simple  to  the  said  tribes  or  nations  of  Indians, 

24500  by  patent  from  the  President  of  the  United  States,  issued  in 

24501  conformity  with  the  provisions  of  the  third  section  of  the  act 

24502  entitled  "An  act  to  pfovide  for  an  exchange  of  lands  with  the 

24503  Indians  residing  in  any  of  the  States  or  Territories,  and  for  their 

24504  removal  west  of  the  Mississippi,"  approved  on  the  28th  day  of 

24505  May,  1830,  with  full  power  and  authority  in  the  said  Indians  to 

24506  divide  said  lands  among  the  different  tribes,  nations,  or  bauds 

24507  in  several  ty,  with  the  right  to  sell  and  convey  to  and  from  each 

24508  other,  under  such  laws  and  regulations  as  may  be  adopted  by 
24500  the  respective   tribes,  acting  by  themselves,  or  by  a  general 

24600  council  of  the  said  New  York  Indians,  acting  for  all  the  tribes 

24601  collectively.   It  is  understood  and  agreed  that  the  above-described 

24602  country  is  intended  as  a  future  home  for  the  following  tribes, 

24603  to  wit:  The  Senecas,  Onondagas,Cayugas,  Tuscaroras,  Oneidap, 

24604  St.  Eegis,  Stockbridges,  Muusees,  and  Brothertowus  residing  in 

24605  the  State  of  New  York,  and  the  same  is  to  be  divided  equally 

24606  among  them  according  to  their  respective  numbers,  as  mentioned 

24607  in  a  schedule  hereunto  annexed. 

24608  ARTICLE  3.  It  is  further  agreed  that  such  of  the  tribes  of 
24600  the  New  York  Indians  as  do  not  accept  and  agree  to  remove  to 

24610  the  country  set  apart  for  their  new  homes  within  five  years,  or 

24611  such  other  time  as  the  President  may,  from  time  to  time,  appoint, 

24612  shall  forfeit  all  interest  in  the  lands  so  set  apart  to  the  United 

24613  States. 

24614  ARTICLE  4.  Perpetual  peace  and  friendship  shall  exist  be- 

24615  tween  the  United  States  and  the  New  York  Indians;  and  the 

24616  United  States  hereby  guaranty  to  protect  and  defend  them  in 

24617  the  peaceable  possession  and  enjoyment  of  their  new  homes, 

24618  and  hereby  secure  to  them,  in  said  country,  the  right  to  estab- 
24610  lish  their  own  form  of  government,  appoint  their  own  officers, 

24620  and  administer  their  own  laws  ;  subject,  however,  to  the  legisla- 

24621  tion  of  the  Congress  of  the  United  States,  regulating  trade  and 

24622  intercourse  with  the  Indians.    .The  lands  secured  to  them  by 


551 

24623  patent  under  this  treaty  shall  never  be  included  in  any  State  or 

24624  Territory  of  this  Union.    The  said  Indians  shall  also  be  enti- 

24625  tied,  in  all  respects,  to  the  same  political  and  civil  rights  and 

24626  privileges  that  are  granted  and  secured  by  the  United  States 

24627  to  any  of  the  several  tribes  of  emigrant  Indians  settled  in  the 

24628  Indian  Territory. 

24629  ARTICLE  5.  The  Oneidas  are  to  have  their  lands  in  the  In 

24630  diau  Territory,  in  the  tract  set  apart  for  the  New  York  Indians, 

24631  adjoining  the  Osage  tract,  and  that  hereinafter  set  apart  for  the 

24632  Senecas;  and  the  same  shall  be  so  laid  off  as  to  secure  them  a 

24633  sufficient  quantity  of  timber  for  their  use.    Those  tribes  whose 

24634  lands    are  not  specially  designated  in  this  treaty  are  to  have 

24635  such  as  shall  be  set  apart  by  the  President. 

24636  ARTICLE  6.  It  is  further  agreed  that  the  United  States  will 

24637  pay  to  those  who  remove  West,  at  their  new  homes,  all  such  an- 

24638  nuities  as  shall  properly  belong  to  them.     The  schedules  here- 

24639  unto  annexed  shall   be  deemed  and   taken  as  a  part  of  this 

24640  treaty. 

24641  ARTICLE  7.    It  is  expressly  understood  and  agreed  that 

24642  this  treaty  must  be  approved  by  the  President  and  ratified  and 

24643  confirmed  by  the  Senate  of  the  United  States,  before  it  shall 

24644  be  binding  upon  the  parties  to  it.     It  is  further  expressly  un- 

24645  derstood  and  agreed  that  the  rejection,  b}^  the  President  and 

24646  Senate,  of  the  provisions  thereof,  applicable  to  one  tribe,  or  dis- 

24647  tinct  branch  of  a  tribe,  shall  not  be  construed  to  invalidate  as 

24648  to  others,  but  as  to  them  it  shall  be  binding,  and  remain  in  full 

24649  force  and  effect. 

24650  ARTICLE  8.  It  is  stipulated  and  agreed  that  the  accounts 
24651.  of  the  commissioner,  and  expenses  incurred  by  him  in  holding 

24652  a  council  with  the  New  York  Indians,  and  concluding  treaties  at 

24653  Green  Bay  and  Duck  Creek,  in  Wisconsin,  and  in  the  State  of 

24654  New  York,  in  1836,  and  those  for  the  exploring  party  of  the 

24655  New  York  Indians,  in  1837,  and  also  the  expenses  of  the  present 

24656  treaty,  shall  be  allowed  and  settled  according  to  former  prece- 

24657  dents. 

24658  SPECIAL  PROVISIONS   FOR   THE    ST.   REGIS. 

24659  ARTICLE  9.  It  is  agreed  with  the  American  party  of  the 

24660  St.  Kegis  Indians,  that  the  United  States  will  pay  to  the  said 

24661  tribe,  on  their  removal  West,  or  at  such  time  as  the  President 

24662  shall  appoint,  the  sum  of  five  thousand  dollars,  as  a  remunera- 

24663  tion  for  monies  laid  out  by  the  said  tribe,  and  for  services  ren 
21664  dered  by  their  chiefs  and  agents  in  securing  the  title  to   the 
24665  Green  Bay  lands,  and  in  removal  to  the^same,  the  same  to   be 
24866  apportioned  out  to  the  several  claimants  by  the  chiefs  of  the  said 


552 

24667  party,  and  a  United  States  commissioner,  as  may  be  deemed  by 

24668  them  equitable  and  just.    It  is  further  agreed  that  the  following 

24669  reservation  of  land  shall  be  made  to  the  Rev.  Eleazer  Williams, 

24670  of  said  tribe,  which  he  claims  in  his  own  right,  and  in  that  of  his 

24671  wife,  which  he  is  to  hold  in  fee-simple  by  patent  from  the  Presi- 

24672  dent,  with  full  power  and  authority  to  sell  and  dispose  of  the 

24673  same,  to  wit  :  beginning  at  a  point  in  the  west  bank  of  Fox 

24674  Eiver,  thirteen  chains  above  the  old  mill  dam  at  the  rapids  of  the 

24675  Little  Kockalin  ;  thence  north  fifty-two  degrees  and  thirty  min- 

24676  utes  west,  two  hundred  and  forty  chains ;  thence  north  thirty  - 

24677  seven  degrees  and  thirty  minutes  east,  two  hundred  chains  ; 

24678  thence  south  fifty-two  degrees  and  thirty  minutes  east,  two  hun- 

24679  dred  and  forty  chains  to  the  bank  of  Fox  Eiver  ;  thence    up 

24680  along  the  bank  of  Fox  Eiver  to  the  place  of  beginning. 

24681  SPECIAL   PROVISIONS   FOR   THE   SENEGAS. 

24682  ARTICLE  10.  It  is  agreed  with  the  Seuecas  that  they  shall 

24683  have  for  themselves  and  their  friends,  the  Cayugas  and  Onon- 

24684  dagas,  residing  among  them,  the  easterly  part  of  the  tract  set 

24685  apart  for  the  New  York  Indians,  and  to  extend  so  far  west  as 

24686  to  include  one  half  section  (three  hundred  and  twenty  acres)  of 

24687  land  for  each  soul  of  the  Seuecas,  Cayugas,  and  Onondagas,  re- 

24688  siding  among  them  ;  and  if,  on  removing  West,  they  find  there 

24689  is  not  sufficient  timber  on  this  tract  for  their  use,  then  the  Presi- 

24690  dent  shall  add  thereto  timber  land  sufficient  for  their  accommo- 

24691  elation,  and  they  agree  to  remove  ;  to  remove  from  the  State  of 

24692  New  York  to  their  new  homes  within  five  years,  and  to  continue 

24693  to  reside  there.    And  whereas,  at  the  making  of  this  treaty, 

24694  Thomas  L.  Ogden  and  Joseph   Fellows,  the  assignees  of  the 

24695  State  of  Massachusetts,  have  purchased  of  the  Seneca  Nation  of 

24696  Indians,  in  the  presence  and  with  the  approbation  of  the  United 

24697  States  commissioner,  appointed  by  the  United  States  to  hold 

24698  said  treaty  or  convention,  all  the  right,  title,  interest,  and  claim 

24699  of  the  said  Seneca  Nation  to  certain  lauds,  by  a  deed  of  convey - 

24700  auce,  a  duplicate  of  which  is  hereunto  annexed  ;  and  whereas 

24701  the  consideration  money    mentioned  in  said  deed,  amounting 

24702  to  two    hundred    and   two  thousand   dollars,    belongs  to  the 

24703  Seneca  Nation,   and    the    said   nation    agrees    that  the    said 

24704  sum  of  money  shall   be   paid  to    the  United   States,  and  the 

24705  United  States  agree  to  receive  the  same,  to  be  disposed  of  as 

24706  follows:  the  sum  of  one  hundred  thousand  dollars  is  to  be  invested 

24707  by  the  President  of  the  United  States  in  safe  stocks,  for  their 

24708  use,  the  income  of  which  is  to  be  paid  to  them  at  their  new 

24709  homes,  annually,  and  the  ballance,  being  the  sum  of  one  hundred 

24710  and  two  thousand  dollars,  is  to  be  paid  to  the  owners  of  the 


553 

24711  improvements  on  the  lands  so  deeded,  according  to  an  appraise- 

24712  ment  of  said  improvements  and  a  distribution  and  award  of  said 

24713  sum  of  money  among  the  owners  of  said  improvements,  to  be 

24714  made  by  appraisers,  hereafter  to  be  appointed  by  the  Seneca 

24715  Nation,  in  the  presence  of  a  United  States  commissioner,  here- 

24716  after  to  be  appointed,  to  be  paid  by  the  United  States  to  the 

24717  individuals  who  are  entitled  to  the  same,  according  to  said 

24718  apprisal  and  award,  on  their  severally  relinquishing  their  re- 

24719  spective  possessions  to  the  said  Ogden  and  Fellows. 

24720  SPECIAL   PROVISIONS   FOR   THE   CAYUGAS. 

24721  ARTICLE  11.  The  United  States  will  set  apart  for  the  Cayu 

24722  gas,  on  their  removing  to  their  new  homes  at  the  West,  two 

24723  thousand  dollars,  and  will  invest  the  same  in  some  safe  stocks, 

24724  the  income  of  which  shall  be  paid  them  annually,  at  their  new 

24725  homes.    The  United  States  further  agree  to  pay  to  the  said 

24726  nation,  on  their  removal  West,  two  thousand  five  hundred  dollars, 

24727  to  be  disposed  as  the  chiefs  shall  deem  just  and  equitable. 

24728  SPECIAL  PROVISIONS  FOR   THE   ONONDAGAS   RESIDING   ON   THE 

24729  SENECA  RESERVATIONS. 

24730  ARTICLE  12.  The  United  States  agree  to  set  apart  for  the 

24731  Onondagas,  residing  on  the  Seneca  reservations,  two  thousand 

24732  five  hundred  dollars,  on  their  removing  West,  and  to  invest  the 

24733  same  in  safe  stocks,  the  income  of  which  shall  be  paid  to  them 

24734  annually,  at  their  new  homes.     And  the  United  States  further 

24735  agree  to  pay  to  the  said  Ouondagas,  on  their  removal  to  their 

24736  new  homes  in  the  West,  two  thousand  dollars,  to  be  disposed  of 

24737  as  the  chiefs  shall  deem  equitable  and  just. 

24738  SPECIAL    PROVISIONS     FOR     THE    ONEIDAS    RESIDING    IN    THE 

24739  STATE   OF   NEW  YORK. 

24740  ARTICLE  13.  The  United  States  will  pay  the  sum  of  four 

24741  thousand  dollars,  to  be  paid  to  Baptista  Powlis,  and  the  chiefs 

24742  of  the  first  Christian  party  residing  at  Oneida,  and  the  sum  of 

24743  two  thousand  dollars  shall  be  paid  to  William  Day,  and  the 

24744  chiefs  of  the  Orchard  party  residing  there,  for  expenses  incurred 

24745  and  services  rendered  in  securing  the  Green  Bay  country,  and 

24746  the  settlement  of  a  portion  thereof;   and  they  hereby  agree  to 

24747  remove  to  their  new  homes  in  the  Indian  Territory  as  soon  as 

24748  they  can  make  satisfactory  arrangements  with  the  governor  of 

24749  the  State  of  New  York  for  the  purchase  of  their  lands  at  Oneida. 

24750  SPECIAL   PROVISIONS  FOR   THE  TUSCARORAS. 

247 51  ARTICLE  14.  The  Tuscarora  Nation  agree  to  accept  the 

24752  country  set  apart  for  them  in  the  Indian  Territory,  and  to  re- 

70  IT 


554 

24753  move  there  within  live  years,  and  continue  to  reside  there.     It 

24754  is  further  agreed  that  the  Tuscaroras  shall  have  their  lands  in 

24755  the  Indian  country,  at  the  forks  of  the  Neasha  Elver,  which 

24756  shall  be  so  laid  off  as  to  secure  a  sufficient  quantity  of  timber 

24757  for  the  accommodation  of  the  nation.    But  if,  on  examination, 

24758  they  are  riot  satisfied  with  this  location,  they  are  to  have  their 

24759  lands  at  such  place  as  the  President  of  the  United  States  shall 

24760  designate.    The  United  States  will  pay  to  the  Tuscarora  Nation, 

24761  on   their  settling  at  the  West,  three  thousand  dollars,  to   be 

24762  disposed  of  as  the  chiefs  shall  deem  most  equitable  and  just. 

24763  Whereas  the  said  nation  owns,  in   fee-simple,  five  thousand 

24764  acres  of  land,  lying  in  Niagara  County,  in  the  State  of  New 

24765  York,  which  was  conveyed  to  the  said  nation  by  Henry  Dear- 

24766  born,  and  they  wish  to  sell  and  convey  the  same  before  they  re- 

24767  move  West:  Now,  therefore,  in  order  to  have  the  same  done  in 

24768  a  legal  and  proper  way,  they  hereby  convey  the  same  to  the* 

24769  United  States,  and  to  be  held  in  trust  for  them,  and  they  author- 

24770  ize  the  President  to  sell  and  convey  the  same,  and  the  money 

24771  which  shall  be  received  for  the  said  lands,  exclusive  of  the  im- 

24772  provements,  the  President  shall  invest  in  safe  stocks  for  their 

24773  benefit,  the  income  from  which  shall  be  paid  to  the  nation  at  their 

24774  new  homes  annually;  and  the  money  which  shall  be  received 

24775  for  improvements  on  said  lands  shall  be  paid  to  the  owners  of 

24776  the  improvements  when  the  lands  are  sold.    The  President  shall 

24777  cause  the  said  lands  to  be  surveyed,  and  the  improvements  shall 

24778  be  appraised  by  such  persons  as  the  nation  shall  appoint;  and 

24779  said  lands  shall  also  be  appraised,  and  shall  not  be  sold  at  a 

24780  less  price  than  the  apprisal,  without  the  consent  of  James  Ousick, 

24781  William  Mountpleasant,  and  William  Chew,  or  the  survivor  or 

24782  survivors  of  them ;  and  the  expenses  incurred  by  the  United 

24783  States  in  relation  to  this  trust  are  to  be  deducted  from  the  moneys 

24784  received  before  investment.     And  whereas,  at  the  making  of  this 

24785  treaty,  Thomas  L.  Ogden  and  Joseph  Fellows,  the  assignees  of 

24786  the  State  of  Massachusetts,  have  purchased  of  the  Tuscarora 

24787  Nation  of  Indians,  in  the  presence  and  with  the  approbation 

24788  of  the  commissioner  appointed  on  the  part  of  the  United  States 

24789  to  hold  said  treaty  or  convention,  all  the  right,  title,  interest, 

24790  and  claim  of  the  Tuscarora  Nation  to  certain  lauds,  by  a  deed  of 

24791  conveyance,  a  duplicate  of  which  is  hereunto  annexed;  and 

24792  whereas    the  consideration   money  for   said  lands   has    been 

24793  secured  to  the  said  nation  to  their  satisfaction  by  Thomas  L. 

24794  Ogden  and  Joseph  Fellows  :  Therefore,  the  United  States  hereby 

24795  assent  to  the  said  sale  and  conveyance  and  sanction  the  same. 

24796  ARTICLE  15.  The  United  States  hereby  agree  that  they  will 

24797  appropriate  the  sum  of  four  hundred  thousand  dollars,  to  be 

24798  applied  from  time  to  time,  under  the  direction  of  the  President 


555 

24799  of  the  United  States,  in  such  proportions  as  may  be  most  for 

24800  the  interest  of  the  said  Indians,  parties  to  this  treaty,  for  the 

24801  following  purposes,  to  wit:  To  aid  them  in  removing  to  their 

24802  homes,  and  supporting  themselves  the  first  year  after  their  re- 

24803  moval;  to  encourage  and  assist  them  in  education,  and  in  being 

24804  taught  to  cultivate  their  lauds ;  in  erecting  mills  and  other  neces- 

24805  sary  houses;  in  purchasing  domestic  animals  and  farming  uten- 

24806  sils,  and  acquiring  a  knowledge  of  the  mechanic  arts. 

24807  SCHEDULE  A. 

24808  Census  of  the  New  York  Indians  as  taken  in  1837. — Number  resid- 

24809  ing  on  the  Seneca  reservations. 

24810  Senecas  . . .' 2, 309 

24811  Onondagas 194 

24812  Cayugas 130 

24813  r- 

24814  2, 633 
24815 

24816  Onondagas,  at  Ouondaga , 300 

24817  Tuscaroras  ...... 273 

24818  St.  Regis,  in  Xew  York 350 

24819  Oneidas,  at  Green  Bay 600 

24820  Oneidas,  in  New  York 620 

24821  Stockbridges 217 

24822  Munsees 132 

24823  Brothertowns 360 

24824  The  above  was  made  before  the  execution  of  the  treaty. 

24825  11.  H.  GILLET,  Commissioner. 

24826  SCHEDULE  B. 

24827  The  following  is  the  disposition  agreed  to  be  made  of  the 

24828  sum  of  three  thousand  dollars  provided  in  this  treaty  for  the 

24829  Tuscaroras,  by  the  chiefs,  and  assented  to  by  the  commissioner, 

24830  and  is  to  form  a  part  of  the  treaty  : 

24831  To  Jonathan  Printess,  ninety-three  dollars. 

24832  To  William  Chew,  one  hundred  and  fifteen  dollars. 

24833  To  John  Patterson,  forty-six  dollars. 

24834  To  William  Mountpleasant,  one  hundred  and  seventy-one 

24835  dollars. 

24836  To  James  Ousick,  one  hundred  and  twenty-five  dollars. 

24837  To  David  Peter,  fifty  dollars. 

24838  The  rest  and  residue  thereof  is  to  be  paid  to  the  nation. 

24839  The  above  was  agreed  to  before  the  execution  of  the  treaty. 

24840  II.  H.  GILLET,  Commissioner. 


556 

24841  SCHEDULE  C. 

24842  Schedule  applicable  to  the  Ouondagas  and  Cayugas  resid- 

24843  ing  on  the  Seneca  reservations.     It  is  agreed  that  the  following 

24844  disposition  shall  be  made  of  the  amount  set  apart  to  be  divided 

24845  by  the  chiefs  of  those  nations,  in  the  preceding  parts  of  this 

24846  treaty,  anything  therein  to  the  contrary  notwithstanding : 

24847  To  William  King,  one  thousand  five  hundred  dollars. 

24848  Joseph  Isaacs,  seven  hundred  dollars. 

24849  Jack  Wheelbarrow,  three  hundred  dollars. 

24850  Silversmith,  one  thousand  dollars. 

24851  William  Jacket,  five  hundred  dollars. 

24852  Baton  George,  five  hundred  dollars. 

24853  The  above  was  agreed  to  before  the  treaty  was  finally  exe- 
24S54  cuted. 

24855  K.  H.  GILLET, 

24856  Commissioner. 

24857  At  a  treaty  held  under  the  authority  of  the  United  States 

24858  of  America,  at  Buffalo  Creek,  in  the  county  of  Erie,  and  State  of 

24859  New  York,  between  the  chiefs  and  head-men  of  the  Seneca 

24860  Nation  of  Indians,  duly  assembled  in  council,  and  representing 

24861  and  acting  for  the  said  nation,  on  the  one  part,  and  Thomas 

24862  Ludlow  Ogden,  of  the  city  of  New  York,  and  Joseph  Fellows,  of 

24863  Geneva,  in  the  county  of  Ontario,  on  the  other  part,  concerning 

24864  the  purchase  of  the  right  and  claim  of  the  said  Indians  in  and 

24865  to  the  lands  within  the  State  of  New  York  remaining  in  their 

24866  occupation :    Ransom    H.   Gillet,   esquire,   a   commissioner   ap- 

24867  pointed  by  the  President  of  the  United  States  to  attend  and 

24868  hold  the  said  treaty,  and  also  Josiah  Trowbridge,  esquire,  the 

24869  superintendent  on  behalf  of  the  Commonwealth  of  Massachu- 

24870  setts,  being  severally  present  at  the  said  treaty,  the  said  chiefs 

24871  and  head-men,  on  behalf  of  the  Seneca  Nation,  did  agree  to  sell 

24872  and  release  to  the  said  Thomas  Ludlow  Ogden  and  Joseph  Fel- 

24873  lows,  and  they,  the  said  Thomas  Ludlow  Ogden  and  Joseph  Fel- 
21874  lows,  did  agree  to  purchase  all  the  right,  title,  and  claim  of  the 
24875  said  Seneca  Nation  of,  in,  and  to  the  several  tracts,  pieces,  or 
21876  parcels  of  land  mentioned  and  described  in  the  instrument  of 

24877  writing  next  hereinafter  set  forth,  and  at  the  price  or  sum  therein 

24878  specified,  as  the  consideration  or  purchase  money  for  such  sale 

24879  and  release;  which  instrument  being  read  and  explained  to  the 

24880  said  parties  and  mutually  agreed  to,  was  signed  and  sealed  by 

24881  the  said  contracting  parties,  and  is  in  the  words  following : 
248S2  This  indenture,  made  this  fifteenth  day  of  January,  in  the 

54883  year  of  our  Lord  one  thousand  eight  hundred  and  thirty-eight, 

24884  between  the  chiefs  and  head-men  of  the  Seneca  Nation  of  Indi- 


557 

24885  ans,  duly  assembled  in  council,  and  acting  for  and  on  behalf  of 

24886  the  said   Seneca  Nation,  of  the  first  part,  and  Thomas  Ludlow 

24887  Ogden,  of  the  city  of  New  York,  and  Joseph  Fellows,  of  Ge- 

24888  neva,  in  the  county  of  Ontario,  of  the  second  part,  witnesseth  : 

24889  That  the  said  chiefs  and  head-men  of  the  Seneca  Nation  of  Indi- 

24890  ans,  in  consideration  of  the  sum  of  two  hundred  and  two  thou- 

24891  sand  dollars  to  them  in  hand  paid  by  the  said  Thomas  Ludlow 

24892  Ogdeu  and  Joseph    Fellows,   the  receipt  whereof  is  hereby 

24893  acknowledged,  have  granted,  bargained,  sold,  released,  and  con- 

24894  firmed,  and  by  these  presents  do  grant,  bargain,  sell,  release, 

24895  and  confirm  unto  the  said  Thomas  Ludlow  Ogden  and  Joseph 

24896  Fellows,  and  to  their  heirs  and  assigns,  all  that  certain  tract  or 

24897  parcel  of  land  situate,  lying,  and  being  in  the  county  of  Erie 

24898  and  State  of  New  York,  commonly  called  and  known  by  the 

24899  name  of  Buffalo  Creek  reservation,  containing  by  estimation 

24900  forty-nine  thousand  nine  hundred  and  twenty  acres,  be  the  con- 

24901  tents  thereof  more  or  less.     Also,  all  that  certain  other  tract  or 

24902  parcel  of  land,  situate,  lying,  and  being  in  the  counties  of  Erie, 

24903  Ghatauque,  and  Cattaraugus,  in  said  State,  commonly  called  and 

24904  known   by  the  name  of  Cattaraugus  reservation,  containing  by 

24905  estimation  twenty  one  thousand  six  hundred  and  eighty  acres, 

24906  be  the  contents  thereof  more  or  less.     Also,  all  that  certain  other 

24907  tract  or  parcel  of  land,  situate,  lying,  and  being  in  the  said 

24908  county  of  Cattaraugus,  in  said  State,  commonly  called  and  known 

24909  by  tbe  name  of  the  Allegany  reservation,  containing  by  estima- 

24910  tion  thirty  thousand  four  hundred  and  sixty-nine  acres,  be  the 

24911  contents  more  or  less.     And  also  all  that  certain  other  tract  or 

24912  parcel  of  land,  situate,  lying,  and  being  partly  in  said  county  of 

24913  Erie  and  partly  in  the  county  of  Genesee,  in  said   State,  com- 

24914  in  only  called  and  known  by  the  name  of  the  Touawaudo  reser- 

24915  vation,  and  containing   by  estimation  twelve  thousand  eight 

24916  hundred  acres,  be  the  same  more  or  less ;  as  the  said  several 

24917  tracts  of  land  have  been  heretofore  reserved  and  are  held  and 

24918  occupied  by  the  said  Seneca  Nation  of  Indians,  or  by  individu- 

24919  als  thereof,  together  with  all  and  singular  the  rights,  privileges, 

24920  hereditaments  and  appurtenances  to  each  and  every  of  the  said 

24921  tracts  or  parcels  of  land  belonging  or  appertaining;  and  all  the 

24922  estate,  right,  title,  interest,  claim,  and  demand  of  the  said  party 

24923  of  the  first  part,  and  of  the  said  Seneca  Nation  of  Indians,  of, 

24924  in,  and  to  the  same,  and  to  each  and  every  part  and  parcel 

24925  thereof:  to  have  and  to  hold  all  and  singular  the  above  described 

24926  and  released  premises  unto  the  said  Thomas  Ludlow  Ogden  and 

24927  Joseph  Fellows,  their  heirs  and  assigns,  to  their  proper  use  and 

24928  behoof  forever,  as  joint  tenants,  and  not  as  tenants  in  common. 

24929  At  the  before-mentioned  treaty,  held  in  my  presence,  as 

24930  superintendent  on  the  part  of  the  Commonwealth  of  Massachu- 


558 

24931  setts,  and  this  day  concluded,  the  foregoing  instrument  of  writ- 

24932  ing  was  agreed  to  by  the  contracting  parties  therein  named,  and 

24933  was  in  my  presence  executed  by  them,  and  being  approved  by 

24934  me,   I   do   hereby   certify   and   declare   such    my   approbation 

24935  thereof. 

24936  Witness  my  hand  and  seal,  at  Buffalo  Creek,  this  15th  day 

24937  of  January  in  the  year  1838. 

24938  JOSIAII  TKOWBRIDGE. 

24939  I  have  attended  a  treaty  of  the  Seneca  Nation  of  Indians, 

24940  held  at  Buffalo  Creek,  in  the  county  of  Erie,  in  the  State  of 

24941  New  York,  on  the  fifteenth  day  of  January,  in  the  year  of  our 

24942  Lord  one  thousand  eight  hundred  and  thirty-eight,  when  the 

24943  within  instrument  was  duly  executed,  in  my  presence,  by  the 

24944  chiefs  of  the  Seneca  Nation,  being  fairly  and  properly  under- 

24945  stood  by  them.     1  do  therefore  certify  and  approve  the  same. 

24946  li.  H.  GILLET,  Commissioner. 

24947  At  a  treaty  held  under  and  by  the  authority  of  the  United 

24948  States  of  America,  at  Buffalo  Creek,  in  the  county  of  Erie,  and 

24949  State  of  New  York,  between  the  sachems,  chiefs,  and  warriors 

24950  of  the  Tuscarora  Nation  of  Indians,  duly  assembled  in  council, 

24951  and  representing  and  acting  for  the  said  nation,  on  the  one  part, 

24952  and  Thomas  Ludlow  Ogdeu,  of  the  city  of  New  York,  and  Jo- 

24953  seph  Fellows,  of  Geneva,  in  the  county  of  Ontario,  on  the  other 

24954  part,  concerning  the  purchase  of  the  right  and  claim  of  the  said 

24955  nation  of  Indians  in  and  to  the  lands  within  the  State  of   New 

24956  York  remaining  in  their  occupation  :    Itansom  H.  Gillett,  es- 

24957  quire,  a  commissioner  appointed  by  the  President  of  the  United 

24958  States  to  attend  and  hold  the  said  treaty,  and  also  Josiah  Trow- 

24959  bridge,  esquire,  the  superintendent  on  behalf  of  the  Common. 

24960  wealth  of  Massachusetts,  being  severally  present  at  the  said 

24961  treaty,  the  said  sachems,  chiefs,  and  warriors,  on  behalf  of  the 

24962  said  Tuscarora  Nation,  did  agree  to  sell  and  release  to  the  said 

24963  Thomas  Ludlow  Ogden  and  Joseph  Fellows,  and  they,  the  said 

24964  Thomas  Ludlow  Ogden  and  Joseph  Fellows,  did  agree  to  pur- 

24965  chase  all  the  right,  title,  arid  claim  of  the  said  Tuscarora  Nation 

24966  of,  in,  and  to  the  tract,  piece,  or  parcel  of  land  mentioned  and 

24967  described  in   the   instrument  of   writing  next   hereinafter   set 

24968  forth,  and  at  the  price  or  sum  therein  specified  as  the  consider- 

24969  ation  or  purchase  money  for  such  sale  and  release ;    which  in- 

24970  strument  being  read  and  explained  to  the  said  parties,  and  mu- 

24971  tually  agreed  to,  was  signed  and  sealed  by  the  said  contracting 

24972  parties,  and  is  in  the  words  following: 

21973  This  indenture,  made  this  fifteenth  day  of  January,  in  the 

24974  year  of  our  Lord  one  thousand  eight  hundred  and  thirty-eight, 

24975  between  the  sachems,  chiefs,  and  warriors  of  the  Tuscarora  Na- 


559 

24976  lion  of  Indians,  duly  assembled  ill  council,  and  acting  for  and 

24977  on  behalf  of  the  said  Tnscarora  Nation,  of  the  first  part,  and 

24978  Thomas  Ludlow  Ogden,  of  the  city  of  New  York,  and  Joseph 

24979  Fellows,  of  Geneva,  in  the  county  of  Ontario,  of  the  second 

24980  part,  witnesseth  :  That  the  said  sachems,  chiefs,  and  warriors  of 

24981  the  Tuscarora  Nation,  in  consideration  of  the  sum  of  nine  thou- 

24982  sand  six  hundred  dollars  to  them  in  hand  paid  by  the  said 

24983  Thomas  Ludlow  Ogden  and  Joseph  Fellows,  the  receipt  whereof 

24984  is  hereby  acknowledged,  have  granted,  bargained,  sold,  released, 

24985  and  confirmed,  and  by  these  presents  do  grant,  bargain,  sell, 
24980  release,  and  confirm  to  the  said  Thomas  Ludlow  Ogden  and  Jo- 

24987  seph  Fellows,  and  to  their  heirs  and  assigns,  all  that  tract  or 

24988  parcel  of  land  situate,  lying,  and  being  in  the  county  of  Niag- 

24989  ara,  and  State  of  New  York,  commonly  called  and  known  by 

24990  the  name  of  the  Tuscarora  reservation  or  Seneca  grant,  con- 

24991  taining  nineteen  hundred  and  twenty  acres,  be  the  same  more 

24992  or  less,  being  the  lands  in  their  occupancy,  and  not  included  in 

24993  the  land  conveyed  to  them  by  Henry  Dearborn,  together  with  all 

24994  and  singular  the  rights,  the  rights,  privileges,  hereditaments,  and 

24995  appurtenances  to  the  said  tract  or  parcel  of  land  belonging  or 

24996  appertaining,  and  all  the  estate,  right,  title,  interest,  claim,  and 

24997  demand  of  the  said  party  of  the  first  part,  and  of  the  said  Tus 

24998  carora  Nation  of  Indians  of,  in,  and  to  the  same,  and  to  every 

24999  part  and  parcel  thereof:   to  have  and  to  hold  all  and  singular 

25000  the  above  described  and  released  premises  unto  the  said  Thomas 

25001  Ludlow  Ogden  and  Joseph  Fellows,  and  their  heirs  and  assigns, 

25002  to  their  proper  use  and  behoof  forever,  as  joint  tenants  and  not 

25003  as  tenants  in  common. 

25004  At  the  above-mentioned  treaty,  held  in  my  presence  as  su- 

25005  perintendent  on  the  part  of   the  Commonwealth  of  Massaclm- 

25006  setts,  and  this  day  concluded,  the  foregoing  instrument  was 

25007  agreed  to  by  the  contracting  parties  therein  named,  and  was  in 

25008  my  presence  executed  by  them ;  and  being  approved  by  me,  I 

25009  do  hereby  certify  and  declare  such  my  approbation  thereof. 

25010  Witness  my  hand  and  seal  at  Buffalo  Creek,  this  15th  day 

25011  of  January,  in  the  year  1838. 

25012  J.  TROWBRIDGE,  Superintendent. 

25013  1  have  attended  a  treaty  of  the  Tuscarora  Nation  of  In- 

25014  diaus  held  at  Buffalo  Creek,  in  the  county  of  Erie,  in  the  State 

25015  of  New  York,  on  the  fifteenth  day  of  January,  in  the  year  of  our 

25016  Lord  one  thousand  eight  hundred  and  thirty-eight,  when  the 

25017  within  instrument  was  duly  executed  in  my  presence  by  the 

25018  sachems,  chiefs,  and  warriors  of  the  said  nation,  being  fairly 

25019  and  properly  understood  and  transacted  by  all  the  parties  of 

25020  Indians  concerned,  and  declared  to  be  done  to  their  full  satis- 

25021  faction.     I  do  therefore  certify  and  approve  the  same. 

25022  B.  H.  GILLET,  Commissioner. 


560 

25023  Supplemental  article  to  the  treaty  concluded  at  Buffalo  Creek,  in 

25024  the  State  of  New  Tor  A:,  on  the  loth  of  January,  1838,  con- 

25025  eluded  between  Ransom  H.  Gillet,  commissioner  on  the  part  of 

25026  the   United  States,  and  chiefs  and  head-men  of  the  St.  Regis 

25027  Indians,  concluded  on  the  13th  day  of  February,  1838. 

25028  The  undersigned  chiefs  and  head  men  of  the  St.  Regis  In- 

25029  dians  residing  in  the  State  of  New  York  having  heard  a  copy  of 

25030  said  treaty  read  by  Kausoin  H.  Gillet,  the  commissioner  who 

25031  concluded  that  treaty  on  the  part  of  the  United  States,  and  he 

25032  having  fully  and  publicly  explained  the  same,  and  believing  the 

25033  provisions  of  the  said  treaty  to  be  very  liberal  on  the  part  of 

25034  the  United  States  and  calculated  to  be  highly  beneficial  to  the 

25035  New  York  Indians,  including  the  St.  Eegis,  who  are  embraced 
2503G  in  its  provisions,  do  hereby  assent  to  every  part  of  the  said 

25037  treaty  and  approve  the  same.    And  it  is  further  agreed  that 

25038  any  of  the  St.  llegis  Indians  who  wish  to  do  so  shall  be  at  lib- 

25039  erty  to  remove  to  the  said  country  at  any  time  hereafter  within 

25040  the  time  specified  in  this  treaty,  but  under  it  the  Government 

25041  shall  not  compel  them  to  remove.     The  United  States  will, 

25042  within  one  year  after  the  ratification  of  this  treaty,  pay  over  to 

25043  the  American  party  of  said  Indians  one  thousand  dollars,  part 

25044  of  the  sum  of  live  thousand  dollars  mentioned  in  the  special 

25045  provisions  for  the  St.  Regis  Indians,  anything  in  the  article 

25046  contained  to  the  contrary  notwithstanding. 

25047  Proclaimed  April  4,  1840. 


25048  NISQUALLY,  PUYALLUP,  ETC. 

25049  FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 

25050  to  all  and  singular  to  whom  these  presents  shall  come, 

25051  greeting: 

25052  Whereas  a  treaty  was  made  and  concluded  on  the  She-nah- 

25053  nara,  or  Medicine  Creek,  in  the  Territory  of  Washington,  on  the 

25054  twenty-sixth  day  of  December,  one  thousand  eight  hundred  arid 

25055  fifty-four,  between  the  United  States  of  America  and  the  Nis- 

25056  qually  and  other  bands  of  Indians,  which  treaty  is  in  the  words 

25057  following,  to  wit: 

25058  Articles  of  agreement  and  convention  made  and  concluded  on 

25059  the  She-nah-nam,  or  Medicine  Creek,  in  the  Territory  of 

25060  Washington,  this  twenty-sixth  day  of  December,  in  the  year 

25061  one  thousand  eight  hundred  and  fifty-four,  by  Isaac  I.  Ste- 

25062  vens,  governor  and  superintendent  of  Indian  affairs  of  the 

25063  said  Territory,  on  the  part  of  the  United  States,  and  the 

25064  undersigned  chiefs,  head-men,  and  delegates  of  the  Nisqually, 


561 

25065  Puyallup,  Steilacoom,  Squawskiu,  S'Homauiish,  Steh-chass, 

25066  T'Peeksiu,  Squi-aitl,  and  Sa-heh-wamish  tribes  and  bands 

25067  of  Indians,  occupying  the  lands  lying  round  the  head  of 

25068  Puget's  Sound  and  the  adjacent  inlets,  who,  for  the  purpose 

25069  of  this  treaty,  are  to  be  regarded  as  one  nation,  on  behalf 

25070  of  said  tribes  and  bands,  and  duly  authorized  by  them. 

25071  ARTICLE  1.  The  said  tribes  and  bauds  of  Indians  hereby 

25072  cede,  relinquish,  and  convey  to  the  United  States  all  their  right, 

25073  title,  and  interest  in  and  to  the  lands  and  country  occupied  by 

25074  them,  bounded  and  described  as  follows,  to  wit :  Commencing 

25075  at  the  point  on  the  eastern  side  of  Admiralty  Inlet,  known  as 

25076  Point  Pully,  about  midway  between  Commencement  and  Elliott 

25077  Bays;  thence  running  in  a  southeasterly  direction,  following 

25078  the  divide  between  the  waters  of  the  Puyallup  and  Dwamish, 

25079  or  White  Bivers,  to  the  summit  of  the  Cascade  Mountains; 

25080  thence  southerly,  along  the  summit  of  said  range,  to  a  point 

25081  opposite  the  main  source  of  the  Skookum  Chuck  Creek  ;  thence 

25082  to  and  down  said  creek,  to  the  coal  mine  ;  thence  northwesterly, 

25083  to  the  summit  of  the  Black  Hills ;  thence  northerly,  to  the  upper 

25084  forks  of  the  Satsop  River;  thence  northeasterly,  through  the 

25085  portage  known  as  Wilkes's  Portage,  to  Point  Southworth,  on 

25086  the  western  side  of  Admiralty  Inlet ;  thence  around  the  foot  of 

25087  Vashon's  Island,  easterly  and  southeasterly,  to  the  place  of  be-- 

25088  ginning. 

25089  ARTICLE  2.  There  is,  however,  reserved  for  the  present  use 

25090  and  occupation  of  the  said  tribes  and  bands,  the  following  tracts 
2509  L  of  land,  viz :  The  small  island  called  Klah-che-miu,  situated  oppo 

25092  site  the  mouths  of  Hammersley's  and  Totten's  Inlets,  and  sep- 

25093  arated  from  Hartstene  Island  by  Peale's  Passage,  containing 

25094  about  two  sections  of  land  by  estimation;  a  square  tract  con- 

25095  taining  two  sections,  or  twelve  hundred  and  eighty  acres,  on 

25096  Puget's  Sound  near  the  mouth  of  the  She-uah-uam  Creek,  one 

25097  mile  west  of  the  meridian  line  of  the  United  States  land  survey, 

25098  and  a  square  tract  containing  two  sections,  or  twelve  hundred 

25099  and  eighty  acres,  lying  on  the  south  side  of  Commencement 

25100  Bay  ;  all  which  tracts  shall  be  set  apart,  and,  so  far  as  ueces- 
25404  sary,  surveyed  and  marked  out  for  their  exclusive  use ;  nor  shall 

25102  any  white  man  be  permitted  to  reside  upon  the  same  without 

25103  permission  of  the  tribe  and  the  superintendent  or  agent.     And 

25104  the  said  tribes  and  bands  agree  to  remove  to  and  settle  upon  tie 

25105  same  within  one  year  after  the  ratification  of  this  treaty,  or 

25106  sooner  if  the  means  are  furnished   them.     In  the  mean  time  it 

25107  shall  be  lawful  for  them  to  reside  upon  any  ground  not  in  the 

25408  actual  claim  and  occupation  of  citizens  of  the  United  States,  and 

25409  upon  any  ground  claimed  or  occupied,  if  with  the  permission  of 
25440  the  owner  or  claimant.    If  necessary  for  the  public  convenience, 

74  I  T 


562 

25111  roads  may  be  ran  through  their  reserves,  and,  011  the  other  hand, 

23112  the  right  of  way  with  free  access  from  the  same  to  the  nearest 

25113  public  highway  is  secured  to  them. 

25114  ARTICLE  3.  The  right  of  taking  fish,  at  all  usual  and  ac- 

25115  customed  grounds  and  stations,  is  further  secured  to  said  Indians 
2511 G  in  common  with  all  citizens  of  the  Territory,  and  of  erectiug 

25117  temporary  houses  for  the  purpose  of  curing,  together  with  the 

25118  privilege  of  hunting,  gathering  roots  and  berries,  and  pasturing 

25119  their  horses  on  open  and  unclaimed  lands :  Provided,  however, 

25120  That  they  shall  not  take  shell-fish  from  any  beds  staked  or  cu>- 

25121  tivated  by  citizens,  and  that  they  shall  alter  all  stallions  not  in- 

25122  tended  for  breeding-horses,  and  shall  keep  up  and  confine  the 

25123  latter. 

25124  ARTICLE  4.  In  consideration  of  the  above  cession,  the  United 

25125  States  agree  to  pay  to  the   said  tribes  and  bands  the  sum   of 
25120  thirty-two  thousand  five  hundred  dollars,  in  the  following  inan- 

25127  uer,  that  is  to  say  :  For  the  first  year  after  the  ratification  here- 

25128  of,  three  thousand  two  hundred  and  fifty  dollars,*  for  the  next 

25129  two  years,   three   thousand  dollars   each  year  •   for  the  next 

25130  three  years,  two  thousand  dollars  each  year ;  for  the  next  four 

25131  years,  fifteen  hundred  dollars  each  year ;  for  the  next  five  years, 

25132  twelve    hundred    dollars    each    year ;    and  for   the   next    five 

25133  years,  one  thousand  dollars  each  year  •  all  which  said  sums  of 

25134  money  shall  be  applied  to  the  use  and  benefit  of  the  said  Indians, 

25135  under  the  direction  of  the  President  of  the  United  States,  who 
2513G  may,  from  time  to  time,  determine,  at  his  discretion,  upon  what 

25137  beneficial  objects  to  expend  the  same.     And  the  superintendent 

25138  of  Indian  affairs,  or  other  proper  officer,  shall  each  year  inform 

25139  the  President  of  the  wishes  of  said  Indians  in  respect  thereto. 

25140  ARTICLE  5.  To  enable  the  said  Indians  to  remove  to  and 

25141  settle  upon  their  aforesaid  reservations,  and  to  clear,  fence,  and 

25142  break  up  a  sufficient  quantity  of  land  for  cultivation,  the  United 

25143  States  further  agree  to  pay  the  sum  of  three  thousand  two  hun- 

25144  dred  and  fifty  dollars,  to  be  laid  out  and  expended  under  the 

25145  direction  of  the  President,  and  in  such  manner  as  he  shall  ap- 
2514G  prove. 

25147  ARTICLE  G.  The  President  may  hereafter,  when  in  his  opin- 

25148  ion  the  interests  of  the  Territory  may  require,  and  the  welfare 

25149  of  the  said  Indians  be  promoted,  remove  them  from  either  or  all 

25150  of  said  reservations  to  such  other  suitable  place  or  places  with- 
2515 L  in  said  Territory  as  he  may  deem  fit,  on  remunerating  them  for 

25152  their  improvements  and  the  expenses  of  their  removal,  or  may 

25153  consolidate  them  with  other  friendly  tribes  or  bands.     And  he 

25154  may  further,  at  his  discretion,  cause  the  whole  or  any  portion  of 

25155  the  lands  hereby  reserved,  or  of  such  other  land  as  may  be  se- 
2515G  lected  in  lieu  thereof,  to  be  surveyed  into  lots,  and  assign  the 


563 

25157  same  to  such  individuals  or  families  as  are  willing  to  avail  them- 

25158  selves  of  the  privilege,  and  will  locate  on  the  same  as  a  perma- 

25159  nent  home,  on  the  same  terms  and  subject  to  the  same  regula- 

25160  tioris  as  are  provided  in  the  sixth  article  of  the  treaty  with  the 

25161  Oinalias,  so  far  as  the  same  may  be  applicable.     Any  substan- 

25162  tial  improvements  heretofore  made  by  any  Indian,  and  which  he 

25163  shall  be  compelled  to  abandon   in  consequence  of  this  treaty, 

25164  shall  be  valued,  under  the  direction  of  the  President,  arid  pay- 

25165  ment  be  made  accordingly  therefor. 

25166  ARTICLE  7.  The  annuities  of  the  aforesaid  tribes  and  bands 

25167  shall  not  be  taken  to  pay  the  debts  of  individuals. 

25168  ARTICLE  8.  The  aforesaid  tribes  and  bands  acknowledge 

25169  their  dependence  on  the  Government  of  the  United  States,  and 

25170  promise  to  be  friendly  with  all  citizens  thereof,  and  pledge  tbein- 

25171  selves  to  commit  no  depredations  on  the  property  of  such  citi- 

25172  /ens.     And  should  any  one  or  more  of  them  violate  this  pledge, 

25173  and  the  fact  be  satisfactorily  proved  before  the  agent,  the  prop- 

25174  erty  taken  shall  be  returned,  or  in  default  thereof,  or  if  injured 

25175  or  destroyed,  compensation  may  be  made  by  the   Government 

25176  out  of  their  annuities.     Nor  will  they  make  war  on  any  other 

25177  tribe  except  in  self-defence,  but  will  submit  all  matters  of  differ- 

25178  ence  between  them  and  other  Indians  to  the  Government  of  the 

25179  United   States,  or  its  agent,  for  decision,  and   abide  thereby. 

25180  And  if  any  of  the   said   Indians  commit   any  depredations   on 

25181  any  other  Indians  within  the  Territory,  the  same  rule  shall  pre- 
25182  vail  as  that  prescribed  in  this  article,  in  cases  of  depredations 

25183  against  citizens.     And  the  said  tribes  agree  not  to  shelter  or 

25184  conceal  offenders  against  the  laws  of  the  United  States,  but  to 

25185  deliver  them  up  to  the  authorities  for  trial. 

25186  ARTICLE  9.  The  above  tribes  and  bands  are   desirous  to 

25187  exclude  from  their  reservations  the  use  of  ardent  spirits,  and  to 

25188  prevent  their  people  from  drinking  the  same;  and  therefore  it 

25189  is  provided,  that  any  Indian  belonging  to  said  tribes,  who  is 

25190  guilty  of  bringing  liquor  into  said  reservations,  or  who  drinks 

25191  liquor,  may  have  his  or  her  proportion  of  the  annuities  withheld 

25192  from  him  or  her  for  such  time  as  the  President  may  determine. 

25193  ARTICLE  10.  The  United  States  further  agree  to  establish 
25191  at  the  general  agency  for  the  district  of  Puget's  Sound,  within 

25195  one  year  from  the  ratification  hereof,  and  to  support,  for  a  period 

25196  of  twenty  years,  an  agricultural  and  industrial  school,  to  be 

25197  free  to  children  of  the  said  tribes  and  bauds,  in  common  with 

25198  those  of  the  other  tribes  of  said  district,  and  to  provide  the 

25199  said  school  with  a  suitable  instructor  or  instructors,  and  also  to 

25200  provide  a  smithy  and  carpenter's  shop,  and  furnish  them  with 

25201  the  necessary  tools,  and  employ  a  blacksmith,  carpenter,  and 

25202  farmer,  for  the  term  of  twenty  years,  to  instruct  the  Indians  in 


564 

25203  their  respective  occupations.    Ami  the  United  States  farther 

25204  agree  to  employ  a  physician  to  reside  at  the  said  central  agency, 

25205  who  shall  furnish  medicine  and  advice  to  their  sick,  and  shall 

25206  vaccinate  them  ;  the  expenses  of  the  said   school,  shops,  em- 

25207  ployees,  and  medical  attendance,  to  be  defrayed  by  the  United 

25208  States,  and  not  deducted  from  the  annuities. 

25200  ARTICLE  11.  The  said  tribes  and  bauds  agree  to  free  all 

25210  slaves  now  held  by  them,  and  not  to  purchase  or  acquire  others 

25211  hereafter. 

25212  ARTICLE  12.  The  said  tribes  and  bands  finally  agree  not  to 

25213  trade  at  Vancouver's  Island,  or  elsewhere  out  of  the  dominions 

25214  of  the  United  States;  nor  shall  foreign  Indians  be  permitted  to 

25215  reside  in  their  reservations  without  consent  of  the  superinteud- 

25216  ent  or  agent. 

25217  ARTICLE  13.  This  treaty  shall  be  obligatory  on  the  con- 

25218  tracting  parties  as  soon  as  the  same  shall  be  ratified  by  the 

25219  President  and  Senate  of  the  United  States. 

25220  Proclaimed  March  3,  1855. 


25221  OMAHAS. 

25222  FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 
252J3  to  all  and  singular  to  whom  these  presents  shall  come,  greet- 

25224  ing  : 

25225  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

25226  Washington,  on  the  sixteenth  day  of  March,  one  thousand  eight 

25227  hundred  and  fifty-four,  by  George  W.  Manypenuy,  commissioner 

25228  on  the  part  of  the  United  States,  and  the  Omaha  tribe  of  Indians, 
25220  which  treaty  is  in  the  words  following,  to  wit: 

25230  Articles  of  agreement  and  convention  made  and  concluded  at 

25231  the  city  of  Washington,  this  sixteenth  day  of  March,  one 

25232  thousand  eight  hundred  and  fifty-four,  by  George  W.  Ma- 

25233  nypenny,  as  commissioner  on  the  part  of  the  United  States, 

25234  and  the  following-named  chiefs  of  the  Omaha  tribe  of  In- 

25235  dians,  viz,  Shon-ga-ska,  or  Logan  Fontenelle  ;  E-sta-mah-za, 

25236  or  Joseph  Le  Flesche;  Gra-tah-nah-je,  or  Standing  Hawk  ; 

25237  Gah-he-ga-gin-gah,  or  Little  Chief ;  Ta-wah-gah-ha,  or  Vil 

25238  lage  Maker;  Wah-no-ke-ga,  or  Xoise;  So-da-nah-ze,  or  Yel- 

25239  low  Smoke;  they  being  thereto  duly  authorized  by  said 

25240  tribe, 

25211  ARTICLE  1.  The  Omaha  Indians  cede  to  the  United  States 

25212  all  their  lands  west  of  the  Missouri  River,  and  south  of  a  line 

25243  drawn  due  west  from  a  point  in  the  centre  of  the  main  channel 

25244  of  said  Missouri  River  due  east  of  where  the  Ayoway  River 

25245  disembogues  out  of  the  bluffs,  to  the  western  boundary  of  the 


565 

25246  Omaha  conn  try,  and  forever  relinquish  all  right  and  title  to  the 

25247  country  south  of  said  line :  Provided,  however,  That  if  the  country 

25248  north   of  said  clue  west  line,  which  is  reserved  by  the  Omahas 

25249  for  their  future  home,  should  not  on  exploration  prove  to  be  a 

25250  satisfactory  and  suitable  location  for  said  Indians,  the  President 

25251  may,  with  the  consent  of  said  Indians,  set  apart  and  assign  to 

25252  them,  within  or  outside  of  the  ceded  country,  a  residence  suited 

25253  for  arid  acceptable  to  them.      And  for  the  purpose  of  deter- 

25254  mining  at  once  and  definitely,  it  is  agreed  that  a  delegation  of 

25255  said  Indians,  in  company  with  their  agent,  shall,  immediately 
25250  after  the  ratification  of  this  instrument,  proceed  to  examine  the 

25257  country  hereby  reserved,  and  if  it  please  the  delegation,  and 

25258  the  Indians  in  counsel  express  themselves  satisfied,  then  it  shall 

25259  be  deemed  and  taken  for  their  future  home;  but  if  otherwise, 

25200  on  the  fact  being  reported  to  the  President,  he  is  authorized  to 

25201  cause  a  new  location,  of  suitable  extent,  to  be  made  for  the  fu- 

25202  ture  home  of  said  Indians,  and  which  shall  not  be  more  in  ex- 

25203  tent  than  three  hundred  thousand  acres,  and  then  and  in  that 

25204  case  all  of  the  country  belonging  to  the  said  Indians,  north  of 

25205  said  due  west  line,  shall  be  and  is  hereby  ceded  to  the  United 
25200  States  by  the  said  Indians,  they  to  receive  the  same  rate  per 

25207  acre  for  it,  less  the  number  of  acres  assigned  in  lieu  of  it  for  a 

25208  home,  as  now  paid  for  the  laud  south  of  said  line. 

25209  ARTICLE  2.  The  Omahas  agree  that  so  soon  after  the  United 

25270  States  shall  make  the  necessary  provision  for  fulfilling  the  stipu 

25271  lations  of  this  instrument,  as  they  can  conveniently  arrange 

25272  their  affairs,  and  not  to  exceed  one  year  from  its  ratification, 

25273  they  will  vacate  the  ceded  country,  and  remove  to  the  lands  re- 

25274  served  herein  by  them,  or  to  the  other  lands  provided  for  in  lieu 

25275  thereof,  in  the  preceding  article,  as  the  case  may  be. 

25270  ARTICLE  3.  The  Omahas  relinquish  to  the  United  States 

25277  all  claims,  for  money  or  other  thing,  under  former  treaties,  and 

25278  likewise  all  claim  which  they  may  have  heretofore,  at  any  time, 

25279  set  up,  to  any  land  on  the  east  side  of  the  Missouri  Kiver  :  Pro- 

25280  vided,  The  Omahas  shall  still  be  entitled  to  and  receive  from  the 

25281  Government  the    unpaid  balance  of  the  twenty-five  thousand 

25282  dollars  appropriated  for  their  use,  by  the  act  of  thirtieth  of 

25283  August,  1851. 

25284  ARTICLE  4.  In  consideration  of  and  payment  for  the  country 

25285  herein  ceded,  and  the  relinqiiishrnents  herein  made,  the  United 
25280  States  agree  to  pay  to  the  Omaha  Indians  the  several  sums  of 

25287  money  following,  to  wit : 

25288  1st.    Forty  thousand  dollars  per  annum,  for  the  term  of 

25289  three  years,  commencing  on  the  first  day  of  January,  eighteen 

25290  hundred  and  fifty-five. 


,566 

25201  2d.  Thirty  thousand  dollars  per  annum,  for  the  term  of  ten 

25292  years,  next  succeeding  the  three  years. 

25293  3d.  Twenty  thousand  dollars  per  annum,  for  the  term  of 

25294  fifteen  years,  next  succeeding  the  ten  years. 

25295  4th.  Ten  thousand  dollars  per  annum,  for  the  term  of  twelve 

25296  years,  next  succeeding  the  fifteen  years. 

25297  All  which  several  sums  of  money  shall  be  paid  to  the  Oma- 

25298  has,  or  expended  for  their  use  and  benefit,  under  the  direction 

25299  of  the  President  of  the  United  States,  who  may  from  time  to 

25300  time  determine,  at  his  discretion,  what  proportion  of  the  annual 

25301  payments,  in  this  article  provided  for,  if  any,  shall  be  paid  to 

25302  them  in  money,  and  what  proportion  shall  be  applied  to  and  ex- 

25303  pended  for  their  moral  improvement  and  education  ;  for  such 

25304  beneficial  objects  as  in  his  judgment  will  be  calculated  to  advance 

25305  them  in  civilization  ;  for  buildings,  opening  farms,  fencing,  break- 
2530(3  ing  land,  providing  stock,  agricultural  implements,  seeds,  &c. ; 
25307  for  clothing,  provisions,  and  merchandise;  for  iron,  steel,  arms, 
2530S  and  ammunition;   for  mechanics,  and  tools;    and  for  medical 

25309  purposes. 

25310  ARTICLE  5.  In  order  to  enable  the  said  Indians  to  settle 

25311  their  affairs  and  to  remove  and  subsist  themselves  for  one  year 

25312  at  their  new  home,  and  which  they  agree  to  do  without  further 

25313  expense  to  the  United  States,  and  also  to  pay  the  expenses  of 

25314  the  delegation  who  may  be  appointed  to  make  the  exploration 

25315  provided  for  in  article  first,  and  to  fence  and  break  up  two  hun- 
25310  dred  acres  of  land  at  their  new  home,  they  shall  receive  from 

25317  the  United  States  the  further  sum  of  forty-one  thousand  dollars, 

25318  to  be  paid  out  and  expended  under  the  direction  of  the  Presi- 

25319  dent,  and  in  such  manner  as  he  shall  approve. 

25320  ARTICLE  0.  The  President  may,  from  time  to  Lime,  at  1m 

25321  discretion,  cause  the  whole  or  such  portion  of  the  land  hereby 

25322  reserved,  as  he  may  think  proper,  or  of  such  other  land  as  may 

25323  be  selected  in  lieu  thereof,  as  provided  for  in  article  first,  to  be 

25324  surveyed  into  lots,  and  to  assign  to  such  Indian  or  Indians  of 

25325  said  tribe  as  are  willing  to  avail  of  the  privilege,  and  who  will 

25326  locate  on  the  same  as  a  permanent  home,  if  a  single  person  over 

25327  twenty-one  years  of  age,  one-eighth  of  a  section;  to  each  family 

25328  of  two,  one  quarter  section ;  to  each  family  of  three  and  not 

25329  exceeding  five,  one  half  section  ;  to  each  family  of  six,  and  not 

25330  exceeding  ten,  one  section  ;  and  to  each  family  over  ten  in  nurn- 

25331  ber,  one  quarter  section  for  every  additional  five  members.    And 

25332  he  may  prescribe  such  rules  and  regulations  as  will  insure  to 

25333  the  family,  in  case  of  the  death  of  the  head  thereof,  the  posses- 

25334  sion  and  enjoyment  of  such  permanent  home  and  the  improve- 

25335  nients  thereon.    And  the  President  may,  at  any  time,  in  his 
25330  discretion,  after  such  person  or  family  has  made   a  location 


5G7 

25337  on  the  land  assigned  for  a  permanent  home,  issue  a  patent  to 

25338  such  person  or  family  for  such  assigned  land,  conditioned  that 

25339  the  tract  shall  not  be  aliened  or  leased  for  a  longer  term  than 

25340  two  years,  and  shall  be  exempt  from  levy,  sale,  or  forfeiture, 

25341  which  conditions  shall  continue  in  force  until  a  State  constitu- 

25342  tion,  embracing  such  lauds  within  its  boundaries,  shall  have 

25343  been  formed,  and  the  legislature  of  the  State   shall  remove  the 

25344  restrictions.    And  if  any  such  person  or  family  shall  at  any 

25345  time  neglect  or  refuse  to  occupy  and  till  a  portion  of  the  lands 

25346  assigned,  and  on  which  they  have  located,  or  shall  rove  from 

25347  place  to  place,  the  President  may,  if  the  patent  shall  have  been 

25348  issued,  cancel  the  assignment,  and  may  also  withhold  from  such 

25349  person  or  family  their  proportion  of  the  annuities  or    other 

25350  moneys  due  them,  until  they  shall  have  returned  to  such  per- 

25351  manent  home,  and  resumed  the  pursuits  of  industry  ;  and  in  de- 

25352  fault  of  their  return  the  tract  may  be  declared  abandoned,  and 

25353  thereafter  assigned  to  some  other  person  or  family  of  such  tribe, 

25354  or  disposed  of  as  is  provided  for  the  disposition  of  the  excess  of 

25355  said  land.    And  the  residue  of  the  land  hereby  reserved,  or  of 

25356  that  which  may  be  selected  in  lieu  thereof,  after  all  of  the  In- 

25357  dian  persons  or  families  shall  have  had  assigned  to  them  perma- 

25358  nent  homes,  may  be  sold  for  their  benefit,  under  such  laws, 

25359  rules,  or  regulations,  as  may  hereafter  be  prescribed  by  the 

25360  Congress  or  President  of  the  United  States.    No  State  legisla- 

25361  tare  shall  remove  the  restrictions  herein  provided  for,  without 

25362  the  consent  of  Congress. 

25363  ARTICLE  7.  Should  the  Oinahas  determine  to  make  their  per- 

25364  manent  home  north  of  the  due  west  line  named  in  the  first  article, 

25365  the  United  States  agree  to  protect  them  from  the  Sioux  and  all 

25366  other  hostile  tribes,  as  long  as  the  President  m,ay  deem  such 

25367  protection  necessary;  and  if  other  lands  be  assigned  them,  the 

25368  same  protection  is  guaranteed. 

25369  ARTICLE  8.  The  United  States  agree  to  erect  for  the  Omahas, 

25370  at  their  new  home,  a  grist  and  saw  mill,  and  keep  the  same  in 

25371  repair,  and  provide  a  miller  for  ten  years;  also  to  erect  a  good 

25372  blacksmith  shop,  supply  the  same  with  tools,  and  keep  it  in  re- 

25373  pair  for  ten  years ;  and  provide  a  good  blacksmith  for  a  like 

25374  period ;  and  to  employ  an  experienced  farmer  for  the  term  of  ten 

25375  years,  to  instruct  the  Indians  in  agriculture. 

25376  ARTICLE  9.  The  annuities  of  the  Indians  shall  not  be  taken 

25377  to  pay  the  debts  of  individuals. 

25378  ARTICLE  10.  The  Omahas  acknowledge  their  dependence 

25379  on  the  Government  of  the  United  States,  and  promise  to  be 

25380  friendly  with  all  the  citizens  thereof,  and  pledge  themselves  to 

25381  commit  no  depredations  on  the  property  of  such  citizens.    And 


568 

2538:}  should  any  oiie  or  more  of  them  violate  this  pledge,  and  the  fact 

25383  be  satisfactory  proven  before  the  agent,  the  property  taken 

25384  shall  be  returned,  or  in   default  thereof,  or  if  injured  or  de- 

25385  stroyecl,  compensation  may  be  made  by  the  Government  out  of 

25386  their  annuities.    Nor  will  they  make  war  on  any  other  tribe,  ex- 

25387  cept  in  self-defence,  but  will  submit  all  matters  of  difference  bo 

25388  tween  them  and  other  Indians  to  the  Government  of  the  United 

25389  States,  or  its  agent,  for  decision,  and  abide  thereby.     And  if 

25390  any  of  the  said  Omahas  commit  any  depredations  on  any  other 

25391  Indians,  the  same  rule  shall  prevail  as  that  prescribed  in  this 

25392  article  in  cases  of  depredations  against  citizens. 

25393  ARTICLE  11.  The  Omahas  acknowledge    themselves    in- 
25391  debted  to  Lewis  Souusosee,  (a  half-breed,)  for  services,  the  sum 
25395  of  one  thousand  dollars,  which  debt  they  have  not  been  able  to 
2539G  pay,  and  the  United  States  agree  to  pay  the  same. 

25397  ARTICLE  12.  The  Omahas  are  desirous  to  exclude  from  their 

25398  country  the  use  of  ardent  spirits,  and  to  prevent  their  people 

25399  from  drinking  the  same,  and  therefore  it  is  provided  that  any 

25400  Omaha  who  is  guilty  of  bringing  liquor  into  their  country,  or 

25401  who  drinks  liquor,  may  have  his  or  her  proportion  of  the  annui- 

25402  ties  withheld  from  him  or  her  for  such  time  as  the  President  may 

25403  determine. 

25404  ARTICLE  13.  The  board  of  foreign  missions  of  the  Presby- 

25405  terian  Church  have,  on  the  lands  of  the  Omahas,  a  manual-labor 
25400  boarding-school,  for  the  education  of  the  Omaha,  Ottoe,  and 

25407  other  Indian  youth,  which  is  now  in  successful  operation,  and 

25408  as  it  will  be  some  time  before  the  necessary  buildings  can  be 

25409  erected  on  the  reservation,  and  [it  is]  desirable  that  the  school 

25410  should  not  be  suspended,  it  is  agreed  that  the  said  board  shall 

25411  have. four  adjoining  quarter  sections  of  land,  so  as  to  include  as 

25412  near  as  may  be  all  the  improvements  heretofore  made  by  them  ; 

25413  and  the  President  is  authorized  to  issue  to  the  proper  authority 

25414  of  said  board  a  patent  in  fee-simple  for  such  quarter  sections. 

25415  ARTICLE  14.  The  Omahas  agree  that  all  the  necessary  roads, 
2541C  highways,  and  railroads,  whic.li  may  be  constructed  as  the  comi- 

25417  try  improves,  and  the  lines  of  which  may  run  through  such  tract 

25418  as  may  be  reserved  for  their  permanent  home,  shall  have  a  right 
2d419  of  way  through  the  reservation,  a  just  compensation  being  paid 

25420  therefor  in  money. 

25421  ARTICLE  15.  This  treaty  shall  be  obligatory  on   the  con- 
25421  tracting  parties  as.  soon  as  the  same  shall  be  ratified  by  the 

25423  Presidentaud  Senate  of  the  United  States. 

25424  Proclaimed  June  21,  1854. 


569 

25425  Treaty  between  the  United  States  of  America  and  the  Omaha  tribe 

25426  of  Indians,  concluded  March  6,  1865 ;    ratification  advised 

25427  February  13,  1866. 

25428  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

25429  to  all  and  singular  to  whom  these  presents   shall  come, 

25430  greeting : 

25431  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

25432  Washington,  in  the  District  of  Columbia,  on  the  sixth  day  of 

25433  March  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 

25434  sixty-five,  by  and  between  Clark  W.  Thompson  and  Robert  W.  Fur- 

25435  nas,  commissioners,  on  the  part  of  the  United  States,  and  E-sta- 

25436  mah-zha,  or  Joseph  La  Flesche,  Gra-ta-mah-zhe,  or  Standing 

25437  Hawk,  Ga-he-ga-zhin-ga,  or  Little  Chief;  Tah-wah-ga-ha,  or  Vil- 

25438  lage  Maker;  Wah-no-ke  ga,  or  Noise;  Sha-da-na-ge,  or  Yellow 

25439  Smoke;  Wastch-com-ma-nu,  or  Hard  Walker;  Pad-a-ga-he,  or 

25440  Fire  Chief;  Ta-su,  or  White  Cow ;  and  Ma-ha-nin-ga,  or  No  Knife, 

25441  chiefs  of  the  Omaha  tribe  of  Indians,  on  the  part  of  said  tribe 

25442  of  Indians  and  duly  authorized  thereto  by  them,  which  treaty  is 

25443  in  the  words  and  figures  following,  to  wit : 

25444  Articles  of  treaty  made  and  concluded  at  Washington,  D.  C.,  on 

25445  the  sixth  day  of  March,  A.  D.  1865,  between  the  United 

25446  States  of  America,  by  their  commissioners,  Clark  W.  Thomp- 

25447  sou,  Robert  W.  F  urn  as,  and  the  Omaha  tribe  of  Indians  by 

25448  their  chiefs.  E-sta-mah-za,  or  Joseph  La  Flesche;  Gra-ta- 

25449  rnah-zhe,  or  Standing  Hawk ;   Ga-he-ga-zhin-ga,  or  Little 

25450  Chief;  Tah-wah-gah-ha,  or  Village  Maker;  Wah-no-ke-ga, 

25451  or  Noise;  Sha-da-na-ge,  or  Yellow  Smoke;  Wastch-corn-ma- 

25452  nu,  or  Hard  Walker;  Pad-a-ga-he,  or  Fire  Chief;  Ta-sn,  or 

25453  White  Cow  ;  Ma-ha-nin-ga,  or  No  Knife. 

25454  ARTICLE  1.  The  Omaha  tribe  of  Indians  do  hereby  cede, 

25455  sell,  and  convey  to  the  United  States  a  tract  of  land  from  the 

25456  north  side  of  their  present  reservation,  defined  and  bounded  as 

25457  follows,  viz  :  commencing  at  a  point  on  the  Missouri  River  four 

25458  miles  due  south  from  the  north  boundary  line  of  said  reserva- 

25459  tion,  thence  west  ten  miles,  thence  south  four  miles,  thence  west 

25460  to  the  western  boundary  line  of  the  reservation,  thence  north 

25461  to  the  northern  boundary  line,  thence  east  to  the  Missouri  River, 

25462  and  thence  south  along  the  river  to  the  place  of  beginning;  and 

25463  that  the  said  Omaha  tribe  of  Indians  will  vacate  and  give  pos- 

25464  session  of  the  lands  ceded  by  this  treaty  immediately  after  its 

25465  ratification :  Provided,  That  nothing  herein  contained  shall  be 

25466  construed  to  include  any  of  the  lands  upon  whi&h  the  said  Omaha 

25467  tribe  of  Indians  have  now  improvements,  or  any  land  or  im- 

25468  provements  belonging  to,  connected  with,  or  used  for  the  ben- 

72  i  T 


570 

25469  eftt  of  the  Missouri  school  now  in  existence  upon  the  OLD  aha 

25470  reservation. 

25471  ARTICLE  2.  In  consideration  of  the  foregoing  cession,  the 

25472  United  States  agree  to  pay  to  the  said  Omaha  tribe  of  Indians 

25473  the  sum  of  fifty  thousand  dollars,  to  be  paid  upon  the  ratifica- 

25474  tion  of  this  treaty,  and  to  be  expended  by  their  agent,  under 

25475  the  direction  of  the  Commissioner  of  Indian  Affairs,  for  goods, 

25476  provisions,  cattle,  horses,   construction  of  buildings,  farming 

25477  implements,  breaking  up  lands,  and  other  improvements  on  their 

25478  reservation. 

25479  ARTICLE   3.    In    further  consideration    of    the   foregoing 

25480  cession,  the  United  States  agree  to  extend   the  provisions   of 

25481  article  8  of  the   treaty   between  the  Omaha  tribe  of  Indians 

25482  and  the  United  States,  made  on  the  16th  day  of  March,  A.  I). 

25483  1854,  for  a  term  of  ten  years  from  and  after  the  ratification  of 

25484  this  treaty ;  and  the  United  States  further  agree  to  pay  to  the 

25485  said  Omaha  tribe  of  Indians,  upon  the  ratification  of  this  treaty, 

25486  the  sum  of  seven  thousand  dollars  as  damages  in  consequence 

25487  of  the  occupancy  of  a  portion  of  the  Omaha  reservation   not 

25488  hereby  ceded,  and  use  and  destruction  of  timber  by  the  Winne- 

25489  bago  tribe  of  Indians  while  temporarily  residing  thereon. 

25490  ARTICLE  4.  The  Omaha  Indians  being  desirous  of  promoting 

25491  settled  habits  of  industry  and  enterprise  amongst  themselves  by 

25492  abolishing  the  tenure  in  common  by  which  they  now  hold  their 

25493  lands,  and  by  assigning  limited  quantities  thereof  in  several  ty 

25494  to  the  members  of  the  tribe,  including  their  half  or  mixed  blood 

25495  relatives  now  residing  with  them,  to  be  cultivated  and  improved 

25496  for  their  own  individual  use  and  benefit,  it  is  hereby  agreed  and 

25497  stipulated  that  the  remaining  portion  of  their  present  reserva- 

25498  tion  shall  be  set  apart  for  said  purposes ;  and  that  out  of  the 

25499  same  there  shall  be  assigned  to  each  head  of  a  family  not  ex- 

25500  ceediug  one  hundred  and  sixty  acres,  and  to  each  male  person, 

25501  eighteen  years  of  age  and  upwards,  without  family,  not  exeeed- 

25502  ing  forty  acres  of  laud — to  include  in  every  case,  as  far  as  prac- 

25503  ticable,   a  reasonable  proportion  of  timber;  six  hundred  and 

25504  forty  acres  of  said  lands,  embracing  and  surrounding  the  present 

25505  agency  improvements,  shall  also  be  set  apart  and  appropriated 

25506  to  the  occupancy  and  use  of  the  agency  for  said  Indians.     The 

25507  lauds  to  be  so  assigned,  including  those  for  the  use  of  the  agency, 

25508  shall  be  in  as  regular  and  compact  a  body  as  possible,  and  so  as 

25509  to  julmit  of  a  distinct  and  well-defined  exterior  boundary.     The 

25510  whole  of  the  lands,  assigned  or  unassigned,  in  several (y,  shall 

25511  constitute  and  be  known  as  the  Omaha  reservation,  within  and 

25512  over  which  all  laws  passed  or  which  may  be  passed  by  Congress, 

25513  regulating  trade  and  intercourse  with  the  Indian  tribes,  shall 

25514  have  full  force  and  effect,  and  no  white  person,  except  such  as 


571 

25515  shall  be  in  the  employ  of  the  United  States,  shall  be  allowed  to 

25516  reside  or  go  upon  any  portion  of  said  reservation  without  the 

25517  written  permission  of  the  superintendent  of  Indian  affairs,  or  the 

25518  agent  for  the  tribe.     Said  division  and  assignment  of  lands  to 

25519  the  Omahas  in  severalty  shall  be  made  under  the  direction  of 

25520  the  Secretary  of  the  Interior,  and,  when  approved  by  him,  shall 

25521  be  final  and  conclusive.    Certificates  shall  be  issued  by  the 

25522  Commissioner  of  Indian  Affairs  for  the  tracts  so  assigned,  speci- 

25523  fying  the  names  of  the  individuals  to  whom  they  have  been 

25524  assigned  respectively,  and  that  they  are  for  the  exclusive  use 

25525  and  benefit  of  themselves,  their  heirs,  and  descendants  ;  and 
2552G  said  tracts  shall  not  be  alienated  in  fee,  leased,  or  otherwise  dis- 

25527  posed  of  except  to  the  United  States  or  to  other  members  of  the 

25528  tribe,  under  such  rules  and  regulations  as  may  be  prescribed  by 

25529  the  Secretary  of  the  Interior,  and  they  shall  be  exempt  from 

25530  taxation,  levy,  sale,  or  forfeiture,  until  otherwise  provided  for  by 

25531  Congress. 

25532  ARTICLE  5.  It  being  understood   that  the  object  of  the 

25533  Government  in  purchasing  the  laud  herein  described  is  for  the 

25534  purpose  of  locating  the  Winnebago  tribe  thereon,  now,  therefore, 

25535  should  their  location   there  prove  detrimental  to  the  peace, 
2553G  quiet,  and  harmony  of  the  whites  as  well  as  of  the  two  tribes  of 

25537  Indians,   then  the  Omahas   shall  have  the  privilege  of  repur- 

25538  chasing  the  land  herein  ceded  upon  the  same  terms  they  now 

25539  sell. 

25540  Proclaimed  February  15,  1SGG. 


25541  OSAGES— GREAT  AND  LITTLE. 

25542  Articles  of  a  treaty  made  and  concluded  at  Fort  Clark,  on  the  right 

25543  bank  of  the  Missouri,  about  five  miles  above  the  Fire  Prairie, 

25544  in  the  Territory  of  Louisiana,  the  tenth  day  of  November,  in 

25545  the  year  of  our  Lord  one  thousand  eight  hundred  and  eight,  be- 

25546  tween  Peter  Chouteau,  esquire,  agent  for  the  Osage,  and  spe- 

25547  dally  commissioned  and  instructed  to  enter  into  the  same  by  his 

25548  excellency  Meriivether  Lewis,  governor  and  superintendent  of 

25549  Indian  affairs  for  the  Territory  aforesaid,  in  behalf  of  the 

25550  United  States  of  America,  of  the  one  part,  and  the  chiefs  and 

25551  warriors  of  the  Great  and  Little  Osage,  for  themselves  and 

25552  their  nations  respectively,  on  the  other  part. 

25553  AIITICLE  1.  The  United  States  being  anxious  to  promote 

25554  peace,  friendship,  and  intercourse  with  the  Osage  tribes,  to  afford 

25555  them  every  assistance  in  their  power,  and  to  protect  them  from. 


572 

25556  the  insults  and  injuries  of  other  tribes  of  Indians  situated  near 

25557  the  settlements  of  the  white  people,  have  thought  proper  to  build 

25558  a  fort  on  the  right  bank  of  the  Missouri,  a  few  miles  above  the 

25559  Fire  Prairie,  and  do  agree  to  garrison  the  same  with  as  many 

25560  regular  troops  as  the  President  of  the  United  States  may,  from 

25561  time  to  time,  deem  necessary  for  the  protection  of  all  orderly, 

25562  friendly,  and  well-disposed  Indians  of   the  Great  and   Little 

25563  Osage  Nations  who  reside  at  this  place,  and  who  do  strictly  con- 

25564  form  to  and  pursue  the  counsels  or  admonitions  of  the  Presi- 

25565  dent  of  the  United  States  through  his  subordinate  officers. 

25566  ARTICLE  2.  Abrogated  by  treaty  of  Aug.  31,  1822.    Pro- 

25567  claimed  February  19,  1823,  page  576. 

25568  ARTICLE  3.  The  United  States  agree  to  furnish  at  this  place, 

25569  for  the  use  of  the  Osage  Nations,  a  blacksmith,  and  tools  to  mend 

25570  their  arms  and  utensils  of  husbandry,  and  engage  to  build  them 

25571  a  horse-mill  or  water-mill 5  also  to  furnish  them  with  ploughs, 

25572  and  to  build  for  the  great  chief  of  the  Great  Osage,  and  for  the 

25573  great  chief  of  the  Little  Osage,  a  strong  block-house  in  each  of 

25574  their  towns,  which  are  to  be  established  near  this  fort. 

25575  ARTICLE  4.  With  a  view  to  quiet  the  animosities  which  at 

25576  present  exist  between  the  inhabitants  of  the  Territory  of  Loui- 

25577  siana  and  the  Osage  Nations,  in  consequence  of  the  lawless  dep- 

25578  redations  of  the  latter,  the  United  States  do  further  agree  to 

25579  pay  to  their  own  citizens  the  full  value  of  such  property  as  they 

25580  can  legally  prove  to  have  been  stolen  or  destroyed  by  the  said 

25581  Osage  since  the  acquisition  of  Louisiana  by  the  United  States, 

25582  provided  the  same  does  not  exceed  the  sum  of  five  thousand 

25583  dollars. 

25584  ARTICLE  5.  In  consideration  of  the  lands  relinquished  by 

25585  the  Great  and  Little  Osage  to  the  United  States,  as  stipulated 

25586  in  the  sixth  article  of  this  treaty,  the  United  States  promise  to 

25587  deliver  at  Fire  Prairie,  or  at  St.  Louis,  yearly,  to  the  Great 

25588  Osage  Nation,  merchandize  to  the  amount  or  value  of  one  thou- 

25589  sand  dollars,  and  to  the  Little  Osage  Nation,  merchandize  to  the 

25590  amount  or  value  of  five  hundred  dollars,  reckoning  the  value  of 

25591  said  merchandize  at  the  first  cost  thereof  in  the  city  or  place  in 

25592  the  United  States  where  the  same  shall  have  been  procured. 

25593  And  in  addition  to  the  merchandize  aforesaid,  the  United 

25594  States  have,  at  and  before  the  signature  of  these  articles,  paid 

25595  to  the  Great  Osage  Nation  the  sum  of  eight  hundred  dollars, 

25596  and  to  the  Little  Osage  Nation  the  sum  of  four  hundred  dollars. 

25597  ARTICLE  6.  And  in  consideration  of  the  advantages  which 

25598  we  derive  from  the  stipulations  contained  in  the  foregoing  arti- 

25599  cles,  we,  the  chiefs  and  warriors  of  the  Great  and  Little  Osage, 

25600  for  ourselves  and  our  nations  respectively,  covenant  and  agree 

25601  with  the  United  States,  that  the  boundary  line  between  our  na- 


573 

25602  tions  and  the  United  States  shall  be  as  follows,  to  wit :  begin- 

25603  ning  at  Fort  Clark,  on  the  Missouri,   five  miles  above  Fire 

25604  Prairie,  and  running  thence  a  due  south  course  to  the  river  Ar- 

25605  kansas,  and  down  the  same  to  the  Mississippi ;  hereby  ceding 

25606  and  relinquishing  forever  to  the  United  States  all  the  lands 

25607  which  lie  east  of  the  said  line,  and  north  of  the  southwardly 

25608  bank  of  the  said  river  Arkansas,  and  all  lands  situated  north- 

25609  wardly  of  the  river  Missouri.    And  we  do  further  cede  and  re- 

25610  linquish  to  the  United  States  forever,  a  tract  of  two  leagues 

25611  square,  to  embrace  Fort  Clark,  and  to  be  laid  off  in  such  manner 

25612  as  the  President  of  the  United  States  shall  think  proper. 

25613  ARTICLE  7.  And  it  is  mutually  agreed  by  the  contracting 

25614  parties  that  the  boundary  lines  hereby  established  shall  be  run 

25615  and  marked  at  the  expense  of  the  United  States,  as  soon  as  cir- 

25616  cumstauces  or  their  convenience  will  permit ;  and  the  Great  and 

25617  Little  Osage  promise  to  depute  two  chiefs  from  each  of  their  re- 

25618  spective  nations,  to    accompany  the  commissioner  or  cominis- 

25619  sioners  who  may  be  appointed  on  the  part  of  the  United  States 

25620  to  settle  and  adjust  the  said  boundary  line. 

25621  ARTICLE  8.  And  the  United  States  agree  that  such  of  the 

25622  Great  and  Little  Osage  Indians  as  may  think  proper  to  put 

25623  themselves  under  the  protection  of  Fort  Clark,  and  who  observe 

25624  the  stipulations  of  this  treaty  with  good  faith,  shall  be  permit- 

25625  ted  to  live  and  to  hunt,  without  molestation,  on  all  that  tract  cf 

25626  country,  west  of  the  north  and  south  boundary  line,  on  which 

25627  they,  the  said  Great  aiid  Little  Osage,  have  usually  hunted  or 

25628  resided :  Provided,  The  same  be  not  the  hunting  grounds  of  any 

25629  nation  or  tribe  of  Indians  in  amity  with  the  United  States ;  and 

25630  on  any  other  lands  within  the  Territory  of  Louisiana,  without 

25631  the  limits  of  the  white  settlements,  until  the  United  States  may 

25632  think  proper  to  assign  the  same  as  hunting  grounds  to  other 

25633  friendly  Indians. 

25634  ARTICLE  9.  Lest  the  friendship  which  is  now  established 

25635  between  the  United  States  and  the  said  Indian  nations  should 

25636  be  interrupted  by  the  misconduct  of  individuals,  it  is  hereby 

25637  agreed  that  for  injuries  done  by  individuals,  no  private  revenge 

25638  or  retaliation  shall  take  place,  but  instead  thereof  complaints 

25639  shall  be  made  by  the  party  injured  to  the  other,  by  the  said  na- 

25640  tious  or  either  of  them,  to  the  superintendent  or  other  person 

25641  appointed  by  the  President  to  the  chiefs  of  the  said  nation  ;  and 

25642  it  shall  be  the  dt*ty  of  the  said  chiefs,  upon  complaints  being 

25643  made  as  aforesaid,  to  deliver  up  the  person  or  persons  against 

25644  whom  the  complaint  is  made,  to  the  end  that  he  or  they  maybe 

25645  punished  agreeably  to  the  laws  of  the  State  or  Territory  where 

25646  the  offence  may  have  been  committed ;  and  in  like  manner,  if 

25647  any  robbery,  violence,  or  murder  shall  be  committed  on  any  In- 


574 

25648  diaii  or  Indians  belonging  to  either  of  said  nations,  the  person 

25640  or  persons  so  offending  shall  be  tried,  and  if  found  guilty,  shall 

25650  be  punished  in  like  manner  as  if  the  injury  had  been  done  to  a 

25651  white  man.    And  it  is  agreed  that  the  chiefs  of  the  Great  and 

25652  Little  Osage  shall  to  the  utmost  of  their  power  exert  themselves 

25653  to  recover  horses  or  other  property  which  may  be  stolen  from 

25654  any  citizen  or  citizens  of  the  United  States,  by  any  individual 

25655  or  individuals  of  either  of  their  nations  ;  and  the  property  so 

25656  recovered  shall  be  forthwith  delivered  to  the  superintendent  or 

25657  other  person  authorized  to  receive  it,  that  it  may  be  restored  to 

25658  the  proper  owner;  and  in  cases  where  the  exertions  of  the  chiefs 

25659  shall  be  ineffectual  in  recovering  the  property  stolen  as  afore- 

25660  said,  if  sufficient  proof  can  be  adduced  that  such  property  was 

25661  actually  stolen  by  any  Indian  or  Indians  belonging  to  the  said 

25662  nations,  or  either  of  them,  the  superintendent,  or  other  proper 

25663  officer,  may  deduct  from  the  annuity  of  the  said  nations  respect- 

25664  ively  a  sum  equal  to  the  value  of  the  property  which  has  been 

25665  stolen.    And  the  United  States  hereby  guarantee  to  any  Indian 

25666  or  Indians  of  the  said  nations  respectively,  a  full  indemnifica- 

25667  tion  for  any  horses  or  other  property  which  may  be  stolen  from 

25668  them  by  any  of  their  citizens :  Provided,  That  the  property  so 

25669  stolen  cannot  be  recovered,  and  that  sufficient  proof  is  produced 

25670  that  it  was  actually  stolen  by  a  citizen  of  the  United  States. 

25671  And  the  said  nations  of  the  Great  and  Little  Osage  engage,  on 

25672  the  requisition  or  demand  of  the  President  of  the  United  States, 

25673  or  of  the  superintendent,  to  deliver  up  any  white  man  resident 

25674  among  them. 

25675  ARTICLE  10.  The  United  States  receive  the  Great  and  Lit- 

25676  tie  Osage  Nations  into  their  friendship  and  under  their  protec- 

25677  tion  ;  and  the  said  nations,  on  their  part,  declare  that  they  will 

25678  consider  themselves  under  the  protection  of  no  other  power 

25679  whatsoever  ;  disclaiming  all  right  to  cede,  sell,  or  in  any  manner 

25680  transfer  their  lands  to  any  foreign  power,  or  to  citizens  of  the 

25681  United  States,  or  inhabitants  of  Louisiana,  unless  duly  author- 

25682  ised  by  the  President  of  the  United  States  to  make  the  said 

25683  purchase  or  accept  the  said  cession  on  behalf  of  the  Govern- 

25684  meut. 

25685  AUTICLE  11.  And  if  any  person  or  persons,  for  hunting  or 

25686  other  purpose,  shall  pass  over  the  boundary  lines,  as  established 

25687  by  this  treaty,  into  the  country  reserved  for  the  Great  and  Lit- 

25688  tie  Osage  Nations,  without  the  license  of  the  superintendent  or 
25G89  other  proper  officer,  they,  the  said  Great  and  Little  Osage,  or 

25690  either  of  them,  shall  be  at  liberty  to  apprehend  such  unlicensed 

25691  hunters  or  other  persons,  and  surrender  them,  together  witli 

25692  their  property,  but  without  other  injury,  insult,  or  molestation, 

25693  to  tiie  superintendent  of  Indian  affairs,  or  to  the  agent  nearest 

25694  the  place  of  arrest,  to  be  dealt  with  according  to  law. 


575 

25695  ARTICLE  12.  And  the  chiefs  and  warriors,  as  aforesaid, 

25606  promise  and  engage  that  neither  the  Great  nor  Little  Osage  ~Na- 

25697  tion  will  ever,  by  sale,  exchange,  or  as  presents,  supply  any  na~ 

25698  tion  or  tribe  of  Indians,  not  in  amity  with  the  United  States, 

25699  with  guns,  ammunitions,  or  other  implements  of  war. 

25700  ARTICLE  13.  This  treaty  shall  take  effect  and  be  obligatory 

25701  on  the  contracting  parties,  as  soon  as  the  same  shall  have  been 

25702  ratified  by  the  President,  by  and  with  the  advice  and  consent  of 

25703  the  Senate  of  the  United  States. 

25704  Eatified  April  28,  1810. 

25705  N.  B. — All  claims  and  interest  under  this  treaty  are  given  up 

25706  by  the  treaty  proclaimed  March  2,  1839.     (See  page  583.) 

25707  A  treaty  of  peace  and  friendship  made  and  concluded  between  Wil- 

25708  Ham  Clark,  Ninian  Edwards,  and  Auguste  Chouteau,   com- 

25709  missioners  plenipotentiary  of  the    United  States  of  America, 

25710  on  the  part  and  behalf  of  the  said  States,  of  the  one  part,  and 

25711  the  undersigned  king,  chiefs,  and  warriors,  of  the  Great  and 

25712  Little  Osage  tribes  or  nations,  on  the  part  and  behalf  of  their 

25713  said  tribes  or  nations,  of  the  other  part. 

25714  The  parties  being  desirous  of  re-establishing  peace  and 

25715  friendship  between  the  United  States  and  the  said  tribes  or  na- 

25716  tlons,  and  of  being  placed  in  all  things,  and  in  every  respect,  on 

25717  the  same  footing  upon  which  they  stood  before  the  war,  have 

25718  agreed  to  the  following  articles : 

25719  ARTICLE  1.  Every  injury,  or  act  of  hostility,  by  one   or 

25720  either  of  the  contracting  parties  against  the  other  shall  be  mu- 

25721  tually  forgiven  and  forgot. 

25722  ARTICLE  2.  There  shall  be  perpetual  peace  and  friendship 

25723  between  all  the  citizens  of  the  United  States  of  America  and 

25724  all  the  individuals  composing  the  said  Osage  tribes  or  nations. 

25725  ARTICLE  3.  The  contracting  parties,  in  the  sincerity  of  mu- 

25726  tuul  friendship,   recognize,  re-establish,  and  confirm,  all  and 

25727  every  treaty,  contract,  and  agreement,  heretofore  concluded  be- 

25728  tween  the  United  States  and  the  said  Osage  tribes  or  nations. 

25729  Eatified  December  26,  1815. 

25730  A  treaty  made  and  concluded  by  and  between  William  Clark,  gov- 

25731  ernor  of  the  Missouri  Territory,  superintendent  of  Indian  af- 

25732  fairs,  and  commissioner  in  behalf  of  the  United  States,  of  the 

25733  one  part^  and  a  full  and  complete  deputation  of  considerate 

25734  men,  chiefs,  and  warriors  of  all  the  several  bands  of  the  Great 

25735  and  Little  Osage  Nation,  assembled  in  behalf  of  their  said  na- 

25736  tion,  of  the  oilier  part,  have  agreed  to  the  following  articles  : 

25737  ARTICLE  1.  Whereas  the  Osage  Nations  have  been  embar- 

25738  rassed  by  the  frequent  demands  for  property  taken  from  the  citizens 


576 

25739  of  the  United  States,  by  war-parties  and  other  thoughtless  men 

25740  of  their  several  bands,  (both  before  and  since  their  war  with  the 

25741  Cherokees,)  and  as  the  exertions  of  their  chiefs  have  been  inef- 

25742  fectual  in  recovering  and  delivering  such  property,  conformably 
?5743  with  the  condition  of  the  ninth  article  of  a  treaty  entered  into 

25744  with  the  United  States  at  Fort  Clark,  the  tenth  of  November, 

25745  one  thousand  eight  hundred  and  eight;  and  as  the  deductions 

25746  from  their  annuities,  in  conformity  to  the  said  article,  would 

25747  deprive  them  of  any  for  several  years,  and  being  destitute  of 

25748  funds  to  do  that  justice  to  the  citizens  of  the  United  States 

25749  which  is  calculated  to  promote  a  friendly  intercourse,  they  have 

25750  agreed,  and  do  hereby  agree,  to  cede  to  the  United  States,  and 

25751  forever  quit-claim  to,  the  tract  of  country  included  within  the 

25752  following  bounds,  to  wit :  Beginning  at  the  Arkansaw  Kiver,  at 

25753  where  the  present  Osage  boundary-line  strikes  the  river  at  Frog 

25754  Bayou ;  then  up  the  Arkausaw  and  Verdigris  to  the  falls  of 

25755  Verdigris  Eiver  j  thence,  eastwardly,  to  the  said  Osage  bound 

25756  ary-line,  at  a  point  twenty  leagues  north  from  the  Arkansaw 

25757  Kiver;  and,  with  that  line,  to  the  place  of  beginning. 

25758  ARTICLE  2.  The  United  States,  on  their  part,  and  in  con- 
20759  sideration  of  the  above  cession,  agree,  in  addition  to  the  amount 

25760  which  the  Osage  do  now  receive  in  money  and  goods,  to  pay 

25761  their  own  citizens  the  full  value  of  such  property  as  they  can 

25762  legally  prove  to  have  been  stolen  or  destroyed  by  the  said  Osage> 

25763  since  the  year  one  thousand  eight  hundred  and  fourteen:  Pro- 

25764  vided,  The  same  does  not  exceed  the  sum  of  four  thousand  dol- 

25765  lars. 

25766  ARTICLE  3.  The  articles  now  stipulated  will  be  considered 
20767  as  permanent  additions  to  the  treaties  now  in  force,  between  the 

25768  contracting  parties,  as  soon  as  they  shall  have  been  ratified  by 

25769  the  President  of  the  United  States  of  America,  by  and  with 

25770  the  advice  and  consent  of  the  Senate  of  the  said  United  States. 

25771  Proclaimed  January  7,  1819. 


25772  Articles  of  a  treaty  entered  into  and  concluded  at  the  United  States' 

25773  Factory,  on  the  M.  De  Cigue — (Marais  des  Cygnes)—Augt.,  by 

25774  and  between  Richard  Graham,  agent  of  Indian  affairs,  author  - 

25775  ized  on  the  part  of  the  United  States  for  that  purpose,  and  the 

25776  chiefs,  warriors,  and  head-men  of  the  tribes  of  Great  and  Little 

25777  Osage  Indians,  for  themselves  and  their  respective  tribes,  of  the 

25778  other  part. 

25779  Whereas  by  the  second  article  of  the  treaty  made  and  en- 

25780  tered  into  between  the  United  States  and  the  Great  and  Little 

25781  Osage  Nation  of  Indians,  concluded  and  signed  at  Fort  Clark, 


577 

25782  on  the  Missouri,  oil  the  tenth  day  of  November,  one  thousand 

25783  eight  hundred  and  eight,  it  is  stipulated  that  the  United  States 

25784  shall  establish,  at  that  place,  and  permanently  continue,  at  all 

25785  seasons  of  the  year,  a  well-assorted  store  of  goods,  for  the  pur- 
25780  pose  of  bartering  with  them  on  moderate  terms  for  their  peltries 

25787  and  furs :   Now  we,  the  said  chiefs,  warriors,  and  head-men,  in 

25788  behalf  of  our  said  tribes,  for  and  in  consideration  of  two  thou- 

25789  sand  three  hundred  and  twenty-nine  dollars  and  forty  cents,  to 

25790  us  now  paid  in  merchandize,  out  of  the  United  States'  factory, 

25791  by  said  Eichard  Graham,  on  behalf  of  the  United  States,  the 

25792  receipt  whereof  is  hereby  acknowledged,  do  exonerate,  release, 

25793  and  forever  discharge  the  United  States  from  the  obligation 

25794  contained  in  the  said  second  article  above  mentioned  ;  and  the 

25795  aforesaid  second  article  is,  from  the  date  hereof,  abrogated  and 
2579G  of  no  effect. 

25797  Proclaimed  February  19,  1823. 

25798  Articles  of  a  treaty  made  and  concluded  at  St.  Louis,  in  the  State 

25799  of  Missouri,  between  William  Clark,  superintendent  of  Indian 

25800  affairs,  commissioner,  on  the  part  of  the  United  States,  and 

25801  the  undersigned,  chiefs,  head-men,  and  'warriors  of  the  Great 

25802  and  Little  Osage  tribes  of  Indians,  duly  authorized  and  em- 

25803  powered  l)y  their  respective  tribes  or  nations. 

25804  In  order  more  effectually  to  extend  to  said  tribes  that  pro- 

25805  tection  of  the  Government  so  much  desired  by  them,  it  is  agreed 
2580G  as  follows : 

25807  ARTICLE  1.  The  Great  and  Little  Osage  tribes  or  nations 

25808  do  hereby  cede  and  relinquish,  to  the  United  States,  all  their 

25809  right,  title,  interest,  and  claim  to  lauds  lying  within  the  State 

25810  of  Missouri  and  Territory  of  Arkansas,  and  to  all  lauds  lying 

25811  west  of  the  said  State  of  Missouri  and  Territory  of  Arkansas, 

25812  north  and  west  of  the  Eed  Eiver,  south  of  the  Kansas  Eiver, 

25813  and  east  of  a  line  to  be  drawn  from  the  head  sources  of  the 

25814  Kansas,  southwardly  through  the  Eock  Saline,  with  such  reser- 

25815  rations,  for  such  considerations,  and  upon  such  terms,  as  are 

25816  hereinafter  specified,  expressed,  and  provided  for. 

25817  ARTICLE  2.  Within  the  limits  of  the  country  above  ceded 

25818  and  relinquished,  there  shall  be  reserved,  to  and  for  the  Great 

25819  and  Little  Osage  tribes  or  nations,  aforesaid,  so  long  as  they 

25820  may  choose  to  occupy  the  same,  the  folio  wing- described  tract  of 

25821  land:  beginning  at  a  point  due  east  of  White  Hair's  Village, 

25822  and  twenty-five  miles  west  of  the  western  boundary-line  of  the 

25823  State  of  Missouri,  fronting  on  a  north  and  south  line,  so  as  to 

25824  leave  ten  miles  north,  and  forty  miles  south,  of  the  point  of  said 

73  IT 


578 

25825  beginning,  and  extending  west,  with  the  width  of  fifty  miles,  to 

25826  the  western  boundary  of  the  lauds  hereby  ceded   and  relin- 

25827  quished  by  said  tribes  or  nations ;  which  said  reservation  shall 

25828  be  surveyed  and  marked,  at  the  expense  of  the  United  States, 

25829  and  upon  which  the  agent  for  said  tribes  or  nations  and  all 

25830  persons  attached  to  said  agency,  as  also  such  teachers  and  in- 

25831  structors  as  the  President  may  think  proper  to  authorise  and 

25832  permit,  shall  reside,  and  shall  occupy  and  cultivate,  without 

25833  interruption  or  molestation,  such  lauds  as  may  be  necessary  for 

25834  them.  And  the  United  States  do  hereby  reserve  to  themselves, 

25835  forever,  the  right  of  navigating,  freely,  all  water-courses  and 

25836  navigable  streams,  within  or  running  through  the  tract  of  coun- 

25837  try  above  reserved  to  said  tribes  or  nations. 

25838  ARTICLE  3.  In  consideration  of  the  cession  and  reliuquish- 

25839  merit,  aforesaid,  the  United  States  do,  hereby,  agree  to  pay  to 

25840  the  said  tribes  or  nations,  yearly,  and  every  year,  for  twenty 

25841  years,  from  the  date  of  these  presents,  the  sum  of  seven  thou- 

25842  sand  dollars,  at  their  village,  or  at  St.  Louis,  as  the  said  tribes 

25843  or  nations  may  desire,  either  in  money,  merchandize,  provisions, 

25844  or  domestic  animals,  at  their  option.     And  whenever  the  said 

25845  annuity,  or  any  part  thereof,  shall  be  paid  in  merchandize,  the 

25846  same  is  to  be  delivered  to  them  at  the  first  cost  of  the  goods  at 

25847  St.  Louis,  free  of  transportation. 

25848  ARTICLE  4.  The  United  States  shall,  immediately  upon  the 

25849  ratification  of  this  convention,  or  as  soon  thereafter  as  may  be, 

25850  cause  to  be  furnished  to  the  tribes  or  nations  aforesaid,  six 

25851  hundred  head  of  cattle,  six  hundred  hogs,  one  thousand  domestic 

25852  fowls,  ten  yoke  of  oxen,  and  six  carts,  with  such  farming  uten- 

25853  sils  as  the  superinteudant  of  Indian  affairs  may  think  necessary, 

25854  and  shall  employ  such  persons  to  aid  them  in  their  agricultural 

25855  pursuits  as  to  the  President  of  the  United  States  may  seem 

25856  expedient,  and  shall  also  provide,  furnish,  and  support  for  them 

25857  one  blacksmith,  that  their  farming  utensils,  tools,  and  arms  may 

25858  be  seasonably  repaired;  and  shall  build  for  each  of  the  four 

25859  principal  chiefs,  at  their  respective  villages,  a  comfortable  and 

25860  commodious  dwelling-house. 

25861  ARTICLE  5.  From  the  above  lands  ceded  and  relinquished, 

25862  the  following  reservations  for  the  use  of  the  half-breeds  hereafter 

25863  named  shall  be  made,  to  wit:  One  section,  or  six  hundred  and 

25864  forty  acres,  for  Augustus  Clermont,  to  be  located  and  laid  off  so 

25865  as  to  include  Joseph  Rivar's  residence,  on  the  east  side  of  the 

25866  Keosho,  a  short  distance  above  the  Grand  Saline,  and  not  nearer 
25367  than  within  one  mile  thereof;  one  section  for  each  of  the  fol- 

25868  lowing  half-breeds:  James,  Paul,  Henry,  Rosalie,  Anthony,  and 

25869  Amelia,  the  daughter  of  She-me-hunga,  and  Amelia,  the  daughter 

25870  of  Mi-hua-ga,  to  be  located  two  miles  below  the  Grand  Saline, 


579 

1*5871  and  extending  down  the  Xeosho  on  the  east  side  thereof;  and 

25872  one  section  for  Noel  Men  grain,  the  son  of '  Wa-taw-nagres,  and 

25873  for  each  of  his  ten  children,  Baptiste,  Xoel,  Francis,  Joseph, 

25874  Mon grain,  Louis,  Victoria,  Sophia,  Julia,  and  Juliet;  and  the 

25875  like  quantity  for  each  of  the  following  named  grandchildren  of 

25876  the  said  Noel  Mongrain,  to  wit:  Charles,  Francis,  Lonisson,  and 

25877  Wash,  to  commence  on  the  Marias  des  Cygnes,  where  the  western 

25878  boundary  line  of  the  State  of  Missouri  crosses  it  at  the  fork  of 

25879  Mine  Kiver,  and  to  extend  up  Mine  River,  for  quantity ;  one 

25880  •  section  for  Mary  Williams  and  one  for  Sarah  Williams,  to  be 

25881  located  on  the  north  side  of  the  Marias  des  Cygnet,  at  the  Double 

25882  Creek,  above  Harmony;  one  section  for  Francis  T.  Chardon ; 

25883  one  section  for  Francis  C.  Tayou ;  one  section  for  James  G.  Chou- 

25884  teau ;  one  section  for  Alexander  Chouteao;  one  section  for  Pel- 

25885  agie  Antaya;  one  section  for  Celeste  Antaya;  one  section  for 

25886  Joseph  Antaya;  one  section  for  Baptiste  St.  Mitchelle,  jr.;  one 

25887  section  for  Louis  St.  Mitchelle ;  one  section  for  Victoria  St.  Mitch- 

25888  elle;  one  section  for  Julia  St.  Mitchelle;  one  section  for  Francis 

25889  St.  Mitchelle;  one  section  for  Joseph  Perra ;  one  section  for  Susan 

25890  Larine;    one  section  for  Marguerite  Reneau;    one  section  for 

25891  Thomas  L.  Balio;  and  one  section  for  Terese,  the  daughter  of 

25892  Paul  Louise;  which  said  several  tracts  are  to  be  located  on  the 

25893  north  side  of  the  Marais  des  Cygnes,  extending  up  the  river 

25894  above  the  reservations  in  favour  of  Mary  and  Sarah  Williams, 

25895  in  the  order  in  which  they  are  herein  above  named. 

25896  ARTICLE  6.  And  also  fifty-four  other  tracts,  of  a  mile  square 

25897  each,  to  be  laid  off  under  the  direction  of  the  President  of  the 

25898  United  States,  and  sold,  for  the  purpose  of  raising  a  fund  to  be 

25899  applied  to  the  support  of  schools,  for  the  education  of  the  Osage 

25900  children,  in  such  a  manner  as  the  President  may  deem  most  acl- 

25901  visable  to  the  attainment  of  that  end. 

25902  ARTICLE  7.   Forasmuch  as  there  is  a-  debt  due  from  sun- 

25903  dry  individuals  of  the  Osage  tribes  or  nations  to  the  United 

25904  States  trading  houses  of  the  Missouri  and  Osage  Rivers,  amouut- 

25905  ing  in  the  whole  to  about  the  sum  of  four  thousand  one  liuu- 

25906  dred  and  five  dollars  and  eighty  cents,  which  the  United  States 

25907  do  hereby  agree  to  release;  in  consideration  thereof,  the  said 

25908  tribes  or  nations  do,  hereby,  release  and  relinquish  their  claim 

25909  upon  the  United  States,  for  regular  troops  to  be  stationed,  for 

25910  their  protection,  in  garrison,  at  Fort  Clark,  and,  also,. for  furuish- 

25911  ing  of  a  blacksmith  at  that  place,  and  the  delivery  of  merchan- 

25912  dise  at  Fire  Prairie,  as  is  provided  for  in  the  first,  third,  and 

25913  fifth  articles  of  the  treaty  concluded  on  the  tenth  day  of  No- 

25914  vember,  one  thousand  eight  hundred  and  eight. 

25915  ARTICLE  8.   It  appearing  that  the  Delaware  Xatiou  have 

25916  various  claims  against  the  Osages,  which  the  latter  have  not  had 


580 

25917  it  in  their  power  to  adjust,  arid  the  United  States  being  desirous 

25918  to  settle,  finally  and  satisfactory,  all  demands  and  differences 

25919  between  the  Uelawares  and  Osages,  do  hereby  agree  to  pay  to 

25920  the  Delawares,  in  full  satisfaction  of  all  their  claims  and  de- 

25921  mauds  against  the  Osages,  the  sum  of  one  thousand  dollars. 

25922  ARTICLE  9.  With  a  view  to  quiet  the  animosities  which  at 

25923  present  exist  between  a  portion  of  the  citizens  of  Missouri  and 

25924  Arkansas  and  the  Osage  tribes,  in  consequence  of  the  lawless 

25925  depredations  of  the  latter,  the  United  States  do,  furthermore, 

25926  agree  to  pay,  to  their  own  citizens,  the  full  value  of  suck  pro- 

25927  perty  as  they  can  legally  prove  to  have  been  stolen  or  destroyed 

25928  by  the  Osages  since  the  year  eighteen  hundred  and  eight,  and 

25929  for  which  payment  has  not  been  made  under  former  treaties :  Pro- 

25930  videdj  The  sum  to  be  paid  by  the  United  States  does  not  exceed 

25931  the  sum  of  five  thousand  dollars. 

25932  ARTICLE  10.  It  is  furthermore  agreed  on,  by  and  between 

25933  the  parties  to  these  presents,  that  there  shall  be  reserved  two 

25934  sections  of  land,  to  include  the  Harmony  Missionary  establish- 

25935  ment,  and  their  mill,  on  the  Marias  des  Cynge;  and  one  section, 

25936  to  include  the  missionary  establishment  above  the  Lick  on  the 

25937  west  side  of  Grand  Kiver,  to  be  disposed  of  as  the  President  of 

25938  the  United  States  shall  direct,  for  the  benefit  of  said  missions, 

25939  and  to  establish  them  at  the  principal  villages  of  the  Great  and 

25940  Little  Osage  Nations,  within  the  limits  of  the  country  reserved 

25941  to  them  by  this  treaty,  and  to  be  kept  up  at  said  villages,  so 

25942  long  as  said  missions  shall  be  usefully  employed  in  teaching, 

25943  civilizing,  and  improving  the  said  Indians. 

25944  ARTICLE  11.  To  preserve  and  perpetuate  the  friendship 

25945  now  happily  subsisting  between  the  United  States  and  the  said 

25946  tribes  or  nations,  it  is  hereby  agreed  that  the  provisions  con- 

25947  tained  in  the  ninth  article  of  the  treaty  concluded  and  signed  at 

25948  Fort  Clark,  on  the  tenth  day  of  November,  one  thousand  eight 

25949  hundred  and  eight,  between  the  United  States  and  the  said  tribes 

25950  or  nations,  shall,  in  every  respect,  be  considered  as  in  full  force 

25951  and  applicable  to  the  provisions  of  this  treaty,  and  that  the 

25952  United  States  shall  take  and  receive  into  their  friendship  and 

25953  protection  the  aforsaid  tribes  or  nations,  and  shall  guaranty  to 

25954  them,  forever,  the  right  to  navigate,  freely,  all  water-courses  or 

25955  navigable  streams  within  the  tract  of  country  hereby  ceded,  upon 

25956  such  terms  as  the  same  are  or  may  be  navigated  by  the  citizens 

25957  of  the  United  States. 

25958  ARTICLE  12.  It  is  further  agreed  that  there  shall  be  deliv- 

25959  ered  as  soon  as  may  be,  after  the  execution  of  this  treaty,  at  the 

25960  Osage  villages,  merchandize  to  the  amount  of  four  thousand 

25961  dollars,  first  cost  in*St.  Louis,  and  two  thousand  dollars  in  mer- 

25962  chandize  before  their  departure  from  this  place;  and  horses 


581 

25963  and  equipage  tc  the  value  of  twenty-six  hundred  dollars ;  wbicli, 

25964  together  with  the  sum  of  one  hundred  dollars,  to  be  paid  to  Paul 

25965  Loise,  and  the  like  sum  to  Baptiste  Mongrain,  in  money,  shall 

25966  be  in  addition  to  the  provisions  and  stipulations  hereby  above  con- 

25967  tained,  in  full  satisfaction  of  the  cession  hereinbefore  agreed  on. 

25968  ARTICLE  13.  Whereas  the  Great  and  Little  Osage  tribes  or 

25969  nations  are  indebted  to  Augustus  P.  Chouteau,  Paul  Balio,  and 

25970  William  P.  Williams,  to  a  large  amount,  for  credits  given  to 

25971  them,  which  they  are  unable  to  pay,  and  have  particularly  re- 

25972  quested  to  have  paid  or  provided  for  in  the  present  negotiation  ; 

25973  it  is,  therefore,  agreed  on,  by  and  between  the  parties  to  these 

25974  presents,  that  the  United  States  shall  pay  to  Augustus  P.  Chou- 

25975  teau  one  thousand  dollars;    to  Paul  Balio  two  hundred  and 

25976  fifty  dollars,  and  to  William  S.  Williams  two  hundred  and  fifty 

25977  dollars,  towards  the  liquidations  of  their  respective  debts  due 

25978  from  the  said  tribes  or  nations. 

25979  ARTICLE  14.  These  articles  shall  take  effect,  and  become 

25980  obligatory  on  the  contracting  parties,  so  soon  as  the  same  shall 

25981  be  ratified  by  the  President,  by  and  with  the  advice  and  consent 

25982  of  the  Senate  of  the  United  States. 

25983  Proclaimed  December  30,  1825. 

25984  X.  B. — All  claims  or  interest  under  this  treaty,  except  the 

25985  sixth  article,  are  give  up  by  the  treaty  proclaimed  March  2, 1839, 

25986  (see  page  583.) 

25987  Treaty  with  the  Great  and  Little  Osagcs. 

25988  Whereas  the  Congress  of  the  United  States  of  America  being 

25989  anxious  to  promote  a  direct  commercial  and  friendly  intercourse 

25990  between  the  citizens  of  the  United  States  and  those  of  the  Mexi- 

25991  can  republic,  and  to  afford  protection  to  the  same,  did,  at  their 

25992  last  session,  pass  an  act,  which  was  approved  the  3d  March, 

25993  1825,  "  to  authorize  the  President  of  the  United  States  to  cause 

25994  a  road  to  be  marked  out  from  the  western  frontier  of  Missouri, 

25995  to  the  confines  of  New  Mexico,"  and  which  authorizes  the  Presi- 

25996  dent  of  the  United  States  to  appoint  commissioners  to  carry  said 

25997  act  of  Congress  into  effect,  and  enjoins  on  the  .commissioners  so 

25998  to  be  appointed  that  they  first  obtain  the  consent  of  the  inter- 

25999  vening  tribes  of  Indians,  by  treaty,  to  the  making  of  said  road, 

26000  and  to  the  unmolested  use  thereof  to  the  citizens  of  the  United 

26001  States  and  of  the  Mexican  republic;  and  Benjamin  H.  Eeeves, 

26002  Geo.  C.  Sibley,  and  Thomas  Mather,  commissioners  duly  appoint- 

26003  ed  as  aforesaid,  being  duly  and  fully  authorized,  have  this  day 

26004  met  the  chiefs  and  head-men  of  the  Great  and  Little  Osage  Na- 

26005  tions,  who  being  all  duly  authorized  to  meet  and  negotiate  with 

26006  the  said  commissioners  upon  the  premises,  and  being  specially 


582 

• 

26007  met  for  that  purpose,  by  the  invitation  of  said  commissioners, 

26008  at  the  place  called  the  Council  Grove,  on  the  Eiver  Nee-o-zho, 

26009  one  hundred  and  sixty  miles  southwest  from  Fort  Osage,  have, 

26010  after  due  deliberation  and  consultation,  agreed  to  the  following 

26011  treaty,  which  is  to  be  considered  binding  on  the  said  Great  and 

26012  Little  Osages,  from  and  after  this  day : 

26013  ARTICLE  1.  The  chiefs  and  head-men  of  the  Great  and  Lit- 

26014  tie  Osages,  for  themselves  and  their  nations,  respectively,  do 

26015  consent  and  agree  that  the  commissioners  of  the  United  States 

26016  shall  and  may  survey  and  mark  out  a  road,  in  such  manner  as 

26017  they  may  think  proper,  through  any  of  the  territory  owned  or 

26018  claimed  by  the  said  Great  and  Little  Osage  Nations. 

26019  AUTICLE  2.  The  chiefs  and  head-  men  as  aforesaid  do  fur- 

26020  ther  agree  that  the  road  authorized  in  article  1  shall,  when 

26021  marked,  be  forever  free  for  the  use  of  the  citizens  of  the  United 

26022  States  and  of  the  Mexican  republic,  who  shall  at  all  times  pass 

26023  and  repass  thereon,  without  any  hindrance  or  molestation  on  the 

26024  part  of  the  said  Great  and  Little  Osages. 

26025  ARTICLE  3.  The  chiefs  and  head-men  as  aforesaid,  in  consid- 

26026  eration  of  the  friendly  relations  existing  between  them  and  the 

26027  United  States,  do  further  promise,  for  themselves  and  their  peo- 

26028  pie,  that  they  will,  on  all  fit  occasions,  render  such  friendly  aid 

26029  and  assistance  as  may  be  in  their  power,  to  any  of  the  citizens 

26030  of  the  United  States,  or  of  the  Mexican  republic,  as  they  may 
2G031  at  any  time  happen  to  meet  or  fall  in  with  on  the  road  aforesaid. 

26032  ARTICLE  4.  The  chiefs  and  head-men,  as  aforesaid,  do  fur- 

26033  ther  consent  and  agree  that  the  road  aforesaid  shall  be  considered 

26034  as  extending  to  a  reasonable  distance  mi  either  side,  so  that 

26035  travellers  thereon  may,  at  any  time,  leave  the  marked  tract,  for 

26036  the  purpose  of  finding  subsistence  and  proper  camping  places. 

26037  ARTICLE  5.  In  consideration  of  the  privileges  granted  by 

26038  the  chiefs  of  the  Great  and  Little  Osages  in  the  three  preceding 

26039  articles,  the  said  commissioners  on  the  part  of  the  United  States 

26040  have  agreed  to  pay  to  them,  the  said  chiefs,  for  themselves  and 

26041  their  people,  the  sum  of  five  hundred  dollars ;  which  sum  is  to 

26042  be  paid  them  as  soon  as  may  be,  in  money  or  merchandize,  at 

26043  their  option,  at  such  place  as  they  may  desire. 

26044  ARTICLE  6.  And  the  said  chiefs  and  head-men,  as  aforesaid, 

26045  acknowledge  to  have  received  from  the  commissioners  aforesaid, 

26046  at  and  before  the  signing  of  this  treaty,  articles  of  merchandize 

26047  to  the  value  of  three  hundred  dollars;  which  sum  of  three  hun- 

26048  dred  dollars,  and  the  payment  stipulated  to  be  made  to  the  said 

26049  Osages  in  article  5,  shall  be  considered,  and  are  so  considered 

26050  by  said  chiefs,  as  full  and  complete  compensation  for  every  privi- 

26051  lege  herein  granted  by  said  chiefs. 

26052  ^Proclaimed  May  3,  1826. 


583 

2G053  Articles  of  a  treaty  made  and  concluded  at  Fort  Gibson ,  west  of 

26054  Arkansas,  between  Brigadier- General  M.   Arbuckle,  commis 

26055  sioner  on  the  part  of  the  United  States,  and  the  chiefs,  head- 

26056  men,  and  warriors  of  the  Great  and  Little  Osage  Indians,  duly 

26057  authorized  by  their  respective'  lands. 

26058  ARTICLE  1.  The  Great  and  Little  Osage  Indians  make  the 

26059  following  cessions  to  the  United  States : 

26060  First.  Of  all  titles  or  interest  in  any  reservation  heretofore 

26061  claimed  bj  them,  within  the  limits  of  any  other  tribe. 

26062  Second.   Of  all  claims  or  interests  under  the  treaties  of 

26063  November  tenth,  one  thousand  eight  hundred  and  eight,  and 

26064  June  second,  one  thousand  eight  hundred  and  twenty-five,  except 

26065  so  much  of  the  latter  as  is  contained  in  the  sixth  article  thereof, 

26066  and  the  said  Indians  bind  themselves  to  remove  from  the  lands 

26067  of  other  tribes,  and  to  remain  within  their  own  boundaries. 

26068  ARTICLE  2.  In  consideration  of  the  cessions  and  obligations 

26069  contained  in  the  preceding  article,  the  United  States  agree  to 

26070  the  following  stipulations  on  their  part : 

26071  First.  To  pay  to  the  said  Great  and  Little  Osage  Indians, 

26072  for  the  term  of  twenty  years,  an  annuity  of  twenty  thousand 

26073  dollars  to  be  paid  in  the  Osage  Nation,  twelve  thousand  in  money 

26074  and  eight  thousand  in  goods,  stock,  provisions,  or  money,  as  the 

26075  President  may  direct. 

26076  Second.  To  furnish  the  Osage  Nation,  for  the  term  of  twenty 

26077  years,  two  blacksmiths  and  two  assistants,  the  latter  to  be  taken 

26078  from  the  Osage  Nation,  and  to  receive  two  hundred  and  twenty. 

26079  five  dollars  each  per  year;  each  smith  to  be  furnished  with  a 

26080  dwelling-house,  shop  and  tools,  and  five  hundred  pounds  of  iron, 

26081  and  sixty  pounds  of  steel  annually. 

26082  Third.  To  furnish  the  Osage  Nation  with  a  grist  and  saw 

26083  mill,  a  miller  to  each  for  fifteen  years,  and  an  assistant  to  each 

26084  for  eleven  years,  the  latter  to  be  taken  from  the  Osage  Nation, 

26085  and  receive  each  two  hundred  and  twenty-five  dollars  per  year; 

26086  each  miller  to  be  furnished  with  a  dwelling-house,  and  the  nec- 

26087  essary  tools. 

26088  Fourth.  To  supply  the  said  Great  and  Little  Osage  Indians 

26089  within  their  country  with  one  thousand  cows  and  calves,  two 

26090  thousand  breeding  hogs,  one  thousand  ploughs ;  one  thousand 

26091  sets  of  horse  gear  ;  one  thousand  axes,  and  one  thousand  hoes ; 

26092  to  be  distributed  under  the  direction  of  their  agent  and  chiefs? 

26093  as  follows,  viz:  to  each  family  who  shall  form  an  agricultural 

26094  settlement,  one  cow  and  calf,  two  breeding  hogs,  one  plough, 

26095  one  set  of  horse  gear,  one  axe,  and  one  hoe.     The  stock,  tools, 

26096  &c.,  to  be  in  readiness  for  delivery  as  soon  as  practicable  after 

26097  the  ratification  of  this  treaty,  and  the  Osages  shall  have  com- 

26098  plied  with  the  stipulations  herein  contained. 


584 

26099  Fifth.  To  furnish  the  following-named  chiefs,  viz,  Pa-hu-sca, 

26100  Clerruont,  Chiga-wa-sa,  Ka-he-gais-tanga,  Tawan-ga-hais,  Wa- 

26101  cho-chais,  Ni-Ka-wa-chin-tanga,  Tally,  Gui-hira-ba-chais,   Bap- 

26102  tiste  Mongrain,  each  with  a  house  worth  two  hundred  dollars  ; 
2G103  and  the  following-name^  chiefs,  viz,  Chi-to-ka-sa-bais,  Wa-ta- 
26104  ni-ga,  Wa-tier-chi-ga,  Chon-ta-sa-bais,  Nan-gais-wa-ha-qui  hais, 
2G105  Ka-hi-gais-stier-de-gais,  Man-haie-spais-we-te-chis,  Chow-gais-mo- 
2G10G  non,   Gre-tau-man-sais,   Kan-sais-ke-cris,  Cho-mi-ka-sais,    Man- 
2G107  cha-ki  da-chi-ga,  each  with  a  house  worth  one  hundred  dollars, 
2G108  and  to  furnish  the  above-named  chiefs  with  six  good  wagons, 
2G109  sixteen  carts,  and  twenty-eight  yoke  of  oxen,  with  a  yoke  and 
2G110  log-chain  to  each  yoke  of  oxen,  to  be  delivered  to  them  in  their 
2G111  own  country,  as  soon  as  practicable  after  the  ratification  of  this 
2G112  treaty. 

2G113  Sixth.  To  pay  all  claims  against  said  Osages,  for  depreda- 

26114  tions  committed  by  them  against  other  Indians  or  citizens  of 

2G115  the  United  States,  to  an  amount  not  exceeding  thirty  thousand 

26116  dollars,  provided  that  the  said  claims  shall  be  previously  ex- 

20117  amined  under  the  direction  of  the  President. 

26118  Seventh.  To  purchase  the  reservations  provided  for  iudivid- 

26119  uals  in  the  fifth  article  of  the  treaty  of  June  second,  one  thousand 

26120  eight  hundred  and  twenty-five,  at  not  exceeding  two  dollars  per 

26121  acre,  to  be  paid  to  the  respective  reservees,  excepting,  however, 

26122  from  this  provision,  the  tracts  that  were  purchased  in  the  fourth 

26123  article  of  the  treaty  with  the  Cherokees  of  December  twenty- 

26124  ninth,  one  thousand  eight  hundred  and  thirty-five. 

26125  Eighth.  To  re-imburse  the  sum  of  three  thousand  dollars  de- 

26126  ducted  from  their  annuity  in  one  thousand  eight  hundred  and 

26127  twenty-five,  to  pay  for  property  taken  by  them,  which  they  have 

26128  since  returned. 

26129  Ninth.  To  pay  to  Clerrnont's  band  their  portion  of  theannuity 

26130  for  one  thousand  eight  hundred  and  twenty-nine,  which  was 

26131  wrongfully  withheld  from  them   by  the  agent  of  the  Govern- 

26132  ment,  amounting  to  three  thousand  dollars. 

26133  ARTICLE  3.  This  treaty   shall  be  binding  on  both  parties 

26134  when  ratified  by  the  United  States  Senate. 

26135  Proclaimed  March  2,  1839. 

26136  Treaty  between  the  United  Mates  of  America  and  the   Great  and 

26137  Little  Osaye  Indians,  concluded  September  29,  1865  •  ratifi- 

26138  cation  advised,  with  amendments,  June  26, 1866;  amendments 

26139  accepted  September  21,  1866  ;  proclaimed  January  21,  1867. 

26140  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

26141  to  all  and  singular  to  whom  these  piesents  shall  come,  greet- 

26142  ing: 

26143  Whereas  a  treaty  was  made  and  concluded  at  Canville  Trad- 


585 

26144  ing  Post,  Osage  Nation,  in  the  State  of  Kansas,  on  the  twenty- 

26145  ninth  day  of  September,  in  the  year  of  our  Lord  one  thousand 

26146  eight  hundred  and  sixty-five,  by  and  between  D.  N.  Cooley  and 

26147  Elijah  Sells,  commissioners  on  the  part  of  the  United  States, 

26148  and  White  Hair,  Little  Bear,  (Me-tso-shin-ca,)  and  other  chiefs 

26149  of  the  tribe  of  Great  and  Little  Osage  Indians,  on  the  part  of 

26150  said  tribe  of  Indians,  and   duly  authorized  thereto  by  them, 

26151  which  treaty  is  in  the  words  and  figures  following,  to  wit : 

26152  Articles  of  treaty  and  convention  made  and  concluded  at  Can- 

26153  ville  Trading  Post,  Osage  Nation,  within  the  boundary  of 

26154  the  State  of  Kansas,  on  the  twenty-ninth  day  of  Septein- 

26155  ber,  eighteen  hundred  and  sixty-five,  by  and  between  D.  N. 

26156  Cooley,  Commissioner  of  Indian  Affairs,  and  Elijah   Sells, 

26157  superintendent  of  Indian  affairs  for  the  southern  superin- 

26158  tendency,  commissioners  on  the  part  of  the  United  States, 

26159  and  the  chiefs  of  the  tribe  of  Great  and  Little  Osage  Indians, 
23160  the  said  chiefs  being  duly  authorized  to  negotiate  and  treat 

26161  by  said  tribes. 

26162  ARTICLE  1.  The  tribe  of  the  Great  and  Little  Osage  In- 

26163  dians,  having  now  more  lands  than  are  necessary  for  their  oc- 
28164  cupation,  and  all  payments  from  the  Government  to  them  under 

26165  former  treaties  having  ceased,  leaving  them  greatly  impover- 

26166  ished,  and  being  desirous  of  improving  their  condition  by  dis- 

26167  posing  of  their  surplus  lands,  do  hereby  grant  and  sell  to  the 

26168  United  States  the  lands  contained  within  the  following  bound - 

26169  aries,  that  is  to  say:  Beginning  at  the  southeast  corner  of  their 

26170  present  reservation,  and  running  thence  north  with  the  eastern 

26171  boundary  thereof  fifty  miles,  to  the  northeast  corner ;  thence 

261 72  west  with  the  northern  line  thirty  miles  ;  thence   south  fifty 

26173  miles,  to  the  southern  boundary  of  said  reservation  ;  and  thence 

26174  east  with  said  southern  boundary  to  the  place  of  beginning: 

26175  Provided,  That  the  western  boundary  of  said  land  herein  ceded 

26176  shall  not  extend  further  westward  than  upon  a  line  commencing 

26177  at  a  point  on  the    southern   boundary  of    said  Osage  coun- 

26178  try  one  mile  east  of  the  place  where  the  Yerdigris    River 

26179  crosses  the  southern  boundary  of  the  State  of  Kansas.    And, 

26180  in  consideration  of  the  grant  and  sale  to  them  of  the  above- 

26181  described  lands,  the  United  States  agree  to  pay  the  sum  of 

26182  three  hundred  thousand  dollars,  which   sum  shall   be  placed 

26183  to  the  credit  of  said  tribe  of  Indians  in  the  Treasury  of  the 

26184  United  States,   and  interest  thereon  at   the  rate  of  five  per 

26185  centum  per  annum  shall  be  paid  to  said  tribes  semi-annually,  in 

26186  money,  clothing,  provisions,  or  such  articles  of  utility  as  the 

26187  Secretary  of  the  Interior  may,  from  time  to  time,  direct.     Said 

26188  lands  shall  be  surveyed  and  sold,  under  the  direction  of  the 

26189  Secretary  of  the  Interior,  on  the  most  advantageous  terms,  for 

74  IT 


586 

26190  cash,  as  public  lands  are  surveyed  and  sold  under  existing  laws, 

26191  including  an  y  act  gran  ting  lands  to  the  State  of  Kansas  in  aid 

26192  of  the  construction  of  a  railroad  through  said  lands  ;  but  no 

26193  pre-emption  claim  or  homestead  settlement  shall  be  recognized  ; 

26194  and  after  re-imbursing  the  United  States  the  cost  of  said  survey 

26195  and  sale,  and  the  said  sum  of  three  hundred  thousand  dollars 

26196  placed  to  the  credit  of  said  Indians,  the  remaining  proceeds  of 

26197  sales  shall  be  placed  in  the  Treasury  of  the  United  States  to  the 

26198  credit  of  the  a  civilization  fund,"  to  be  used,  under  the  direction 

26199  of  the  Secretary  of  the  Interior,  for  the  education  and  civiliza- 

26200  tion  of  Indian  tribes  residing  within  the  limits  of  the  United 

26201  States. 

26202  ARTICLE  2.  The  said  tribe  of  Indians  also  hereby  cede  to 

26203  the  United  States  a  tract  of  land  twenty  miles  in  width  from 

26204  north  to  south,  off  the  north  side  of  the  remainder  of  their 

26205  present  reservation,  and  extending  its  entire  length  from  east 

26206  to  west;  which  land  is  to  be  held  in  trust  for  said  Indians,  and 

26207  to  be  surveyed  and  sold  for  their  benefit  under  the  direction  of 

26208  the  Coinrnissipner  of  the  General  Land-Office,  at  a  price  not  less 

26209  than  one  dollar  and  twenty-five  cents  per  acre,  as  other  lands  are 

26210  surveyed  and  sold,  under  such  rules   and  regulations  as  the 

26211  Secretary  of  the  Interior  shall  from  time  to  time  prescribe.     The 

26212  proceeds  of  such  sales,  as  they  accrue,  after  deducting  all  ex- 

26213  penses  incident  to  the  proper  execution  of  the  trust,  shall  be 

26214  placed  in  the  Treasury  of  the  United  States  to  the  credit  of  said 

26215  tribe  of  Indians ;  and  the  interest  theron,  at  the  rate  of  five  per 

26216  centum  per  annum,  shall  be  expended  annually  for  building  houses, 

26217  purchasing  agricultural  implements  and  stock  animals,  and  for 

26218  the  employment  of  a  physician  and  mechanics,  and  for  providing 

26219  such  other  necessary  aid  as  will  enable  said  Indians  to  com- 

26220  mence  agricultural  pursuits  under  favorable    circumstances: 

26221  Provided,  That  twenty-five  per  centum  of  the  net  proceeds 

26222  arising  from  the  sale  of  said  trust  lands,  until  said  percentage 

26223  shall  amount  to  the  sum  of  eighty  thousand  dollars,  shall  be 

26224  placed  to  the  credit  of  the  school  fund  of  said  Indians,  and  the 

26225  interest  thereon,  at  the  rate  of  five  per  centum  per  annum,  shall 

26226  be  expended  semi-annually  for  the  boarding,  clothing,  and  educa- 

26227  tion  of  the  children  of  said  tribe. 

26228  ARTICLE  3.  The  Osage  Indians,  being  sensible  of  the  great 

26229  benefits  they  have  received  from  the  Catholic  mission,  situate  in 

26230  that  portion  of  their  reservation  herein  granted  and  sold  to  the 

26231  United  States,  do  hereby  stipulate  that  one  section  of  said  land, 

26232  to  be  selected  by  the  Commissioner  of  Indian  Affairs  so  as  to  in- 

26233  elude  the  improvements  of  said  mission,  shall  be  granted  in  fee- 

26234  simple  to  John  Schoenmaker,  in  trust,  for  the  use  and  benefit  of 

26235  the  society  sustaining  said  mission,  with  the  privilege  to  said 


587 

26236  Schoeuinaker,  on  tlie  payment  of  one  dollar  and  twenty-five  cents 

26237  per  acre,  of  selecting  and  purchasing  two  sections  of  land  adjoin- 

26238  ing  the  section  above  granted ;  the  said  selection  to  be  held  in 

26239  trust  for  said  society,  and  to  be  selected  in  legal  subdivisions  of 

26240  surveys,  and  subject  to  the  approval  of  the  Secretary  of  the 

26241  Interior. 

26242  ARTICLE  4.  All  loyal  persons,  being  heads  of  families  and 

26243  citizens  of  the  United  States,  or  members  of  any  tribe  at  peace 

26244  with  the  United  States,  having  made  settlements  and  improve- 

26245  ments  as  provided  by  the  i>re-ernption  laws  of  the  United  States 

26246  and  now  residing  on  the  lands  provided  to  be  sold  by  the  United 

26247  States,  in  trust  for  said  tribe,  as  well  as  upon  the  said  lauds 

26248  herein  granted  and  sold  to  tbe  United  States,  shall  have  the 

26249  privilege,  at  any  time  within  one  year  after  the  ratification  of 

26250  this  treaty,  of  buying  a  quarter  section  each,  at  one  dollar  and 

26251  twenty-five  cents  per  acre ;  such  quarter  section  to  be  selected 

26252  according  to  the  legal  subdivision  of  surveys,  and  to  include,  as 

26253  far  as  practicable,  the  improvements  of  the  settler. 

26254  ARTICLE  5.  The  Osages  being  desirous  of  paying  their  just 

26255  debts  to  James  N.  Coifey  and  A.  B.  Canville,  for  advances  in 

26256  provisions,  clothing,  and  other  necessaries  of  life,  hereby  agree 

26257  that  the  superintendent  of  Indian  affairs  for  the  southern  super- 

26258  iu tendency  and  the  agent  of  the  tribe  shall  examine  all  claims 

26259  against  said  tribe,  and  submit  the  same  to  the  tribe  for  approval 

26260  or  disapproval,  and  report  the  same  to  the  Secretary  of  the  In- 

26261  terior,  with  the  proofs  in  each  case,  for  his  concurrence  or  rejec- 

26262  tion ;  and  the  Secretary  may  issue  to  the  claimants  scrip  for  the 

26263  claims  thus  allowed,  which  shall  be  receivable  as  cash  in  pay- 

26264  ment  for  any  of  the  lands  sold  in  trust  for  said  tribe  :  Provided, 

26265  The  aggregate  amount  thus  allowed  by  the  Secretary  of  the  In- 

26266  terior  shall  not  exceed  five  thousand  dollars. 

26267  ARTICLE  6.  In  consideration  of  the  long  and  faithful  serv- 

26268  ices  rendered  by  Charles  Mograin,  one  of  the  principal  chiefs  of 

26269  the  Great  Osages,  to  the  people,  and  in  consideration  of  improve- 

26270  meuts  made  and  owned  by  him  on  the  land  by  this  treaty  sold 

26271  to  the  United  States,  and  in  lieu  of  the  provision  made  in  article 

26272  fourteen  for  the  half-breed  Indians,  the  heirs  of  the  said  Charles 

26273  Mograin,  dec[ease]d,  may  select  one  section  of  land,  including  his 

26274  improvements,  from  the  north  half  of  said  land,  subject  to  the 

26275  approval  of  the  Secretary  of  the  Interior,  and  upon  his  approval 

26276  of  such  selection  it  shall  be  patented  to  the  heirs  of  the  said 

26277  Mograin.  dec[ease]d,  in  fee-simple. 

26278  ARTICLE  7.  It  is  agreed  between  the  parties  hereto  that  the 

26279  sum  of  five  hundred  dollars  shall  be  set  apart  each  year  from 

26280  the  moneys  of  said  tribe,  and  paid  by  the  agent  to  the  chief. 

26281  ARTICLE  8.  The  Osage  Indians  being  anxious  that  a  school 


588 

26282  should  be  established  in  their  new  home,  at  their  request  it  is 

26283  agreed  and  provided  that  John  Schoeumaker  may  select  one 

26284  section  of  land  within  their  diminished  reservation,  and  upon 

26285  the  approval  of  such  selection  by  the  Secretary  of  the  Interior, 

26286  such  section  of  land  shall  be  set  apart  to  the  said  Sehoenmaker 

26287  and  his  successors,  upon  condition  that  the  same  shall  be  used, 

26288  improved,  and  occupied  for  the  support  and  education  of  the 

26289  children  of  said  Indians  during  the  occupancy  of  said  reserva- 

26290  tion  by  said   tribe  :  Provided,   That  said  lands   shall   not  be 

26291  patented,  and  upon  the  discontinuance  of  said  school  shall  revert 

26292  to  said  tribe  and  to  the  United  States  as  other  Indian  lands. 

26293  ARTICLE  9.  It  is  further  agreed  that,  in  consideration  of 

26294  the  services  of  Darius  Kogers  to  the  Osage  Indians,  a  patent 

26295  shall  be  issued  to  him  for  one  hundred  and  sixty  acres  of  land, 

26296  to  include  his  mill  and  improvements,  on  paying  one  dollar  and 

26297  twenty-five  cents  per  acre  ;  and  said  Kogers  shall  also  have  the 

26298  privilege  of  purchasing,  at  the  rate  of  one  dollar  and  twenty. 

26299  five  cents  per  acre,  one  quarter  section  of  land  adjoining  the 

26300  tract  above  mentioned,  which  shall  be  patented  to  him  in  like 

26301  manner  5  said  lands  to  be  selected  subject  to  the  approval  of 

26302  the  Secretary  of  the  Interior. 

26303  ARTICLE  10.  The  Osages  acknowledge  their  dependence  on 

26304  the  Government  of  the  United  States,  and  invoke  its  protection 

26305  and  care;  they  desire  peace,  and  promise  to  abstain  from  war, 

26306  and  commit  no  depredations  on  either  citizens  or  Indians  ;  and 

26307  they  further  agree  to  use  their  best  efforts  to  suppress  the  iutro- 

26308  duction  and  use  of  ardent  spirits  in  their  country. 

26309  ARTICLE  11.  It  is  agreed  that  all  roads  and  highways  laid 

26310  out  by  the  State  or  General  Government  shall  have  right  of  way 

26311  through  the  remaining  lands  of  said  Indians,  on  the  same  terms 

26312  as  are  provided  by  law,  when  made  through  lands  of  citizens  of 

26313  the  United  States  5  and  railroad  companies,  when  the  lines  of 

26314  their  roads  necessarily  pass  through  the  lands  of  said  Indians, 

26315  shall  have  right  of  way  upon  the  payment  of  fair  compensation 

26316  therefor. 

26317  ARTICLE  12.  Within  six  months  after  the  ratification  of  this 

26318  treaty  the  Osage  Indians  shall  remove  from  the  lands  sold  and 

26319  ceded  in  trust,  and  settle  upon  their  diminished  reservation. 

26320  ARTICLE  13.  The  Osage  Indians  having  no  annuities  from 

26321  which  it  is  possible  for  them  to  pay  any  of  the  expenses  of  carry  - 

26322  ing  this  treaty  into  effect,  it  is  agreed  that  the  United  States 

26323  shall  appropriate  twenty  thousand  dollars,  or  so  much  thereof 

26324  as  may  be  necessary,  for  the  purpose  of  defraying  the  expense 

26325  of  survey  and  sale  of  the  lands  hereby  ceded  in  trust,  which 

26326  amount  so  expended  shall  be  re-imbursed  to  the  Treasury  of  the 

26327  United  States  from  the  proceeds  of  the  first  sales  of  said  lands. 


589 

23328  ARTICLE  14.  The  half-breeds  of  the  Osage  tribe  of  Indians, 

26329  not  to  exceed  twenty-five  in  number,  who  have  improvements  on 

26330  the  north  half  of  the  lands  sold  to  the  United  States,  shall  have 

26331  a  patent  issued  to  them,  in  fee-simple,  for  eighty  acres  each,  to 

26332  include,  as  far  as  practicable,  their  improvements,  said  half- 

26333  breeds  to  be  designated  by  the  chiefs  and  head-men  of  the  tribe  ; 

26334  and  the  heirs  of  Joseph  Swiss,  a  half-breed,  and  a  former  inter- 

26335  preter  of  said  tribe,  shall,  in  lieu  of  the  above  provision,  receive 

26336  a  title,  in  fee-simple,  to  a  half  section  of  land,  including  his  house 
28337  and  improvements,  if  practicable,  and  also  to  a  half  section  of 

26338  the  trust  land  ;  all  of  said  lands  to  be  selected  by  the  parties, 

26339  subject  to  the  approval  of  the  Secretary  of  the  Interior. 

26340  ARTICLE  15.  It  is  also  agreed  by  the  United  States  that 

26341  said  Osage  Indians  may  unite  with  any  tribe  of  Indians  at  peace 

26342  with  the  United  States,  residing  in  said  Indian  Territory,  and 

26343  thence  afterwards  receive  an  equitable  proportion,  according  to 

26344  their  numbers,  of  all  moneys,  annuities,  or  property  payable  by 

26345  the  United  States  to  said  Indian  tribe  with  which  the  agreement 

26346  may  be  made;  and  in  turn  granting  to  said  Indians,  in  propor- 

26347  tion  to  their  numbers,  an  equitable  proportion  of  all  moneys, 

26348  annuities,  and  property  payable  by  the  United  States  to  said 

26349  -Osages. 

26350  ARTICLE  16.  It  is  also  agreed  by  said  contracting  parties, 

26351  that  if  said  Indians  should  agree  to  remove  from  the  State  of 

26352  Kansas,  and  settle  on  lands  to  be  provided  for  them  by  the 

26353  United  States  in  the  Indian  Territory  on  such  terms  as  may  be 

26354  agreed  on  between  the  United  States  and  the  Indian  tribes  now 

26355  residing  in  said  Territory  or  any  of  them,  then  the  diminished 

26356  reservation  shall  be  disposed  of  by  the  United  States  in  the 

26357  same  manner  and  for  the  same  purposes  as  hereinbefore  provided 

26358  in  relation  to  said  trust  lands,  except  that  fifty  per  cent,  of  the 

26359  proceeds  of  the  sale  of  said  diminished  reserve  may  be  used  by 

26360  the  United  States  in  the  purchase  of  lands  for  a  suitable  home 

26361  for  said  Indians  in  said  Indian  Territory. 

26362  ARTICLE  17.  Should  the  Senate  reject  or  amend  any  of  the 

26363  above  articles,  such  rejection  or  amendment  shall  not  aft'ect  the 

26364  other  provisions  of  this  treaty,  but  the  same  shall  go  into  eifect 

26365  when  ratified  by  the  Senate  and  approved  by  the  President. 

26366  Proclaimed  January  21,  1867. 


590 


26367  OTTAWAS    RESIDING    ON    BLANCHARD'S    FORK    OF 

26368  THE  GREAT  AUGLAIZB  RIVER  AND  LITTLE  AU- 

26369  GLAIZE  RIVER. 

26370  Articles  of  agreement  and  convention  made  and  concluded  this  thir- 

26371  tieth  day  of  August,  in  the  year  of  our  Lord  one  thousand 

26372  eight  hundred  and  thirty-one,  by  and  between  James  B.  Gardi- 

26373  tier,  specially  appointed  commissioner  on  the  part  of  the  United 

26374  States,  on  the  one  part,  and  the  chiefs,  head-men,  and  warriors 

26375  of  the  band  of  Otto-way  Indians  residing  icithin  the  State  of 

26376  Ohio,  on  the  other  part,  for  a  cession  of  the  several  tracts  of 

26377  land  now  held  and  occupied  by  said  Indians  within  said  State, 

26378  by  reservations  made  under  the  treaty  concluded  at  Detroit  on 

26379  the  Ylth  day  of  November,  1807,  and  the  treaty  made  at  the 

26380  foot  of  the  rapids  of  the  Miami  River  of  Lake  Erie,  on  the 

26381  29f/t  of  September,  1817. 

26382  Whereas  the  President  of  the  United  States,  under  the  an- 

26383  thority  of  the  act  of  Congress  approved  May  28,  1830,  has  ap- 

26384  pointed  a  special  commissioner  to  confer  with  the  different  lu- 

26385  dian  tribes  residing  within  the  constitutional  limits  of  the  State 

26386  of  Ohio,  and  to  offer  for  their  acceptance  the  provisions  of  the 

26387  before-mentioned  act ;  and 

26388  Whereas  the   band  of  Ottoways  residing  on   Blanehard's 

26389  Fork  of  the  Great  Auglaize  River  and  on  the  Little  Auglaize 

26390  River,  at  Oquanoxie's  village,  have  expressed  their  consent  to 

26391  the  conditions  of  said  act,  and  their  willingness  to  remove  west 

26392  of  the  Mississippi  in  order  to  obtain  a  more  permanent  arid 

26393  advantageous  home  for  themselves  and  their  posterity  : 

213394  Therefore,  in  order  to  carry  into  effect  the  aforesaid  objects, 

26395  the  following  articles  of  convention  have  been  agreed  upon  by 

26396  the  aforesaid  contracting  parties,' which,  when  ratified  by  the 

26397  President  of  the  United  States,  by  and  with  the  consent  of  the 

26398  Senate  thereof,  shall    be   mutually   binding   upon   the   United 

26399  States  and  the  aforesaid  band  of  Ottoway  Indians. 

26400  ARTICLE  1.    The   band  of   Ottoway   Indians   residing  on 

26401  Blanchard's  Fork  of   the  Great  Auglaize  River  and  at  Oqua- 

26402  noxa's  village  on  the  Little  Auglaize  River,  in  consideration  of 

26403  the  stipulations  herein  made  on  the  part  of  the  United  States, 

26404  do  forever  cede,  release,  and  quit-claim  to  the  United  States  the 

26405  lands  reserved  to  them  by  the  last  clause  of  the  sixth  article  of 

26406  the  treaty  made  at  the  foot  of  the  rapids  of  the  Miami  of  the 

26407  Lake  on  the  29th  of  September,  1817  ;  which  clause  is  in  the  fol- 

26408  lowing  words  :  "  There  shall  be  reserved  for  the  use  of  the  Ot- 

26409  toway  Indians,  but  not  granted  to  them,  a  tract  of  laud  on 

26410  Blanchard's  Fork  of  the  Great  Auglaize  River,  to  contain  five 


591 

26411  miles  square,  the  centre  of  which  tract  is  to  be  where  the  old 

26412  trace  crosses  the  said  fork;   and  one  other  tract,  to  contain 

26413  three  miles  square,  on  the  Little  Auglaize  River,  to  include 

26414  Oquanoxa's  village,"  making  in  said  cession  twenty-one  tliou- 

26415  sand  seven  hundred  and  sixty  acres. 

26416  ARTICLE  2.  The  chiefs,  head-men,  and  warriors  of  the  band 

26417  of  Otto  way  Indians  residing   at  and   near  the  places  called 

26418  Eoclie  de  Bceuf  and  Wolf  Rapids,  on  the  Miami  River  of  Lake 

26419  Erie,  and  within  the  State  of  Ohio,  wishing  to  become  parties 

26420  to  this  convention,  and  not  being  willing,  at  this  time,  to  stipu- 

26421  late  for  their  removal  wrest  of  the  Mississippi,  do  hereby  agree, 

26422  in  consideration  of  the  stipulations  herein  made  for  them  on  the 

26423  part  of  the  United  States,  to  cede,  release,  and  forever  quit- 

26424  claim  to  the  United  States  the  following  tracts  of  land,  reserved 

26425  to  them  by  the  treaty  made  at  Detroit  on  the  17th  day  of  No- 

26426  vember,  1807,  to  wit.  the  tract  of  six  miles  square  above  Eoche 

26427  de  Bceuf,  to  include  the  village  where  Tondagonie  (or  Dog)  for- 

26428  inerly  lived ;  and  Also  three  miles  square  at  the  Wolf  Rapids 

26429  aforesaid,  which  was  substituted  for  the   three  miles  square 

26430  granted  by  the  said  treaty  of  Detroit  to  the  said  Ottoways,  "  to 

26431  include  Presque  Isle?  but  which  could  not  be  granted  as  stipu- 

26432  lated  in  said  treaty  of  Detroit  in  consequence  of  its  collision 

26433  with  the  grant  of  twelve  miles  square  to  the  United  States  by 

26434  the  treaty  of  Greenville;  making  in  the  whole  cession  made  by 

26435  this  article  twenty-eight  thousand  one  hundred  and  fifty-seven 

26436  acres,  which  is  exclusive  of  a  grant  made  to  Yellow  Hair  (or 

26437  Peter  Minor)  by  the  eighth  article  of  the  treaty  at  the  foot  of 

26438  the  rapids  of  Miami,  on  the  29th  of  September,  1817,  and  for 

26439  wrhich  said  Minor  holds  a  patent  from  the  General  Land  Office 

26440  for  643  acres. 

26441  ARTICLE  3.  In  consideration  of  the  cessions  made  in  the 

26442  first  article  of  this  convention,  the  United  States  agree  to  cause 

26443  the  band  of  Ottoways  residing  on  Blanchard's  Fork    and  at 

26444  Oquanoxa's  Village,  as  aforesaid,  consisting  of  about  two  huu- 

26445  dred  souls,  to  be  removed,  in  a  convenient  and  suitable  manner, 

26446  to  the  western  side  of  the  Mississippi  River;  and  will  grant,  by 

26447  patent  in  fee-simple,  to  them  and  their  heirs  forever,  as  long  as 

26448  they  shall  exist  as  a  nation*,  and  remain  upon  the  same,  a  tract  of 

26449  land  to  contain  thirty-four  thousand  acres,  to  be  located  adjoining 

26450  the  south  or  west  line  of  the  reservation  equal  to  fifty  m  iles  squai  e 

26451  granted  to  the  Shawnees  of  Missouri  and  Ohio,  on  the  Kanzas 

26452  River  and  its  branches,  by  the  treaty  made  at  St.  Louis,  No  vein - 

26453  ber  7,  1825. 

26454  ARTICLE  4.  The  Uuited  States   will  defray  the  expense  of 

26455  the  removal  of  the  said  band  of  Ottoways,  and  will,  moreover, 

26456  supply  them  with   a  sufficiency  of  good  and  wholesome  pro- 


592 

26457  visions  to  support  them  for  one  year  after  their  arrival  at  their 

26458  new  residence. 

26459  ARTICLE  5.  In  lieu  of  the  improvements  which  have  been 

26460  made  on  the  lands  ceded  by  the  first  article  of  this  convention, 

26461  it  is  agreed  that  the  United  States  shall  advance  to  the  Otto- 

26462  ways  of  Blanchard's  Fork  and  Oquanoxa's  Village  the  sum  of 

26463  two  thousand  dollars,  to  be  re-imbursed  from  the  sales  of  tbe 

26464  lands  ceded  by  the  said  first  article.     And  it  is  expressly  under- 

26465  stood  that  this  sum  is  not  to  be  paid  until  the  sai(l  Otto  ways 

26466  arrive  at  their  new  residence  ;  and  that  it  is  for  the  purpose  of 

26467  enabling  them  to  erect  houses  and  open  farms  for  their  accom- 

26468  modation  and  subsistence  in  their  new  country.     A  fair  and 

26469  equitable  distribution  of  this  sum  shall  be  made  by  the  chiefs 

26470  of  the  said  Ottoways,  with  the  consent  of  their  people,  in  gen- 

26471  eral  council  assembled,  to  such  individuals  of  their  band  as  may 

26472  have  made  improvements  on  the  lands  ceded  by  the  first  article 

26473  of  this  convention,  and  may  be  properly  entitled  to  the  same. 
23474  ARTICLE  6.  The  farming-utensils,   live  stock,   and   other 

26475  chattel-property  which  the  said  Ottoways  of  Blauchard's  Fork 

26476  and   Oquanoxa's  Village  now  own,   shall  be  sold,  under  the 

26477  superintendence  of   some   suitable   person   appointed   by  the 

26478  Secretary  of  War,  and  the  proceeds  paid  to  the  owners  of  such 

26479  property,  respectively. 

26480  ARTICLE  7.  The  United  States  will  expose  to  sale  to  the 

26481  highest  bidder,  in  the  manner  of  selling  the  public  lands,  the 

26482  tracts  ceded  by  the  first  article  of  this  convention,  and  after  de- 

26483  ducting  from  the  proceeds  of  such  sales  the  sum  of  seventy 
26iS4  cents  per  acre,  exclusive  of  the  cost  of  surveying,  and  the  sum 

26485  of  two  thousand  dollars  advanced  in  lieu  of  improvements,  it 

26486  is  agreed  that  the  balance,  or  so  much  thereof  as  may  be  neces- 

26487  sary,  shall  be  hereby  guaranteed  for  the  payment  of  the  debts 

26488  which  the  said  Ottoways  of  Blanchard's  Fork  and  Oquauoxa's 

26489  Village  may  owe  in  tbe  State  of  Ohio  and  the  Territory  of 

26490  Michigan,  and  agree  to  be  due  by  them,  as  provided  in  the  six- 

26491  teeuth  article  of  this  convention  ;  and  any   surplus  of  the  pro- 

26492  ceeds  of  said  lauds  which  may  still  remain  shall  be  vested  by 

26493  the  President  in  Government  stock,  and  five  per  cent,  thereon 

26494  shall  be  paid  to  the  said  Ottoways  of  Blauchard's  Fork  and 

26495  Oquanoxa's  Village  as  an  annuity  during  the  pleasure  of  Con- 

26496  gress. 

26497  ARTICLE  8.  ]t  is  agreed  that  the  said  band  of  Ottoways,  of 

26498  Blanchard's  Fork  and  Oquanoxa's  Village,  shall  receive,  at  their 

26499  new  residence,  a  fair  proportion  of  the  annuities  due  to  their 

26500  nation  by  former  treaties,  which  shall  be  apportioned  under  the 

26501  direction  of  the  Secretary  of  War  according  to  their  actual 

26502  numbers. 


593 

26503  ARTICLE  9.  The  lands  granted  by  this  agreement  and  con- 

26504  vention  tojthe  'said  band  of  Ottaways  residing  at  Blanchard's 
1*6505     Fork  and  Oquanoxa's  Village  shall  not  be  sold  nor  ceded  by  them, 

26506  except  to  the  United  States.     And  the  United  States  guarantee 

26507  that  said  lands  shall  never  be  within  the  bounds  of  any  State  or 

26508  Territory,  nor  subject  to  the  laws  thereof;  and  further,  that  the 
26500  President  of  the  United  States  will  cause  said  baud  to  be  pro- 

26510  tected,  at  their  new  residence,  against  all  interruption  or  dis- 

26511  turbance  from,  any  other  tribe  or  nation  of  Indians,  and  from  any 

26512  other  person  or  persons  whatever ;  and  he  shall  have  the  same 

26513  care  and  superintendence  over  them  in  the  country  to  which 

26514  they  design  to  remove  that  he  now  has  at  their  present  resi- 

26515  deuce. 

26516  ARTICLE  10.  As  an  evidence  of  the  good  will  and  kind  feel- 

26517  ings  of  the  people  of  the  United  States  towards  the  said  band 

26518  of  Ottoways  of  Blanchard's  Fork  and  Oquanoxa's  Village,  it  is 

26519  agreed  that  the  following  articles  be  given  them  as  presents,  to 

26520  wit:  eighty  blankets,   twenty-five  rifle  guns,  thirty-five  axes, 

26521  twelve  ploughs,  twenty  sets  of  horse-gears,  and  Eussian  sheet- 

26522  ing  sufficient  for  tents  for  their  whole  band;  the  whole  to  be  de- 

26523  livered  according  to  the  discretion  of  the  Secretary  of  War. 

26524  ARTICLE  11.   In  consideration  of  the  cessions  made  in  the 

26525  second  article  of  this  convention  M^  *he  chiefs,  head-men,  and 

26526  warriors  of  the  band  of  Ottoways  residing  at  Roclie  de  Boeuf 

26527  and  Wolf  Eapids,  it  is  agreed  that  the  United  States  will  grant 

26528  to  said  band,  by  patent  in  fee-simple,  forty  thousand  acres  of 

26529  land,  west  of  the  Mississippi,  adjoining  the  lands  assigned  to 

26530  the  Ottoways  of  Blanchard's  Fork  and  Oquanoxa's  Village,  or  in 

26531  such  other  situation  as  they  may  select,  on  the  unappropriated 

26532  lauds  in   the  district  of  country  designed  for  the  emigrating 

26533  Indians  of  the  United  States.    And  whenever  the  said  baud 

26534  may  think  proper  to  accept  of  the  above  grant,  and  remove 

26535  west  of  the  Mississippi,  the  United  States  agree  that  they  shall 

26536  be  removed  and  subsisted  by  the  Government  in  the  same  mau- 

26537  ner  as  is  provided  in  this  convention  for  their  brethren  of  Blanch  - 

26538  ard's  Fork  and  Oquauoxa's  Village,  and  they  shall  receive  like 

26539  presents,  in  proportion  to  their  actual  numbers,  under  the  direc- 

26540  tion  of  the  Secretary  of  War.     It  is  also  understood  and  agreed 

26541  that  the  said  band,  when  they  shall  agree  to  remove  west  of  the 

26542  Mississippi,  shall  receive  their  proportion  of  the  annuities  due 

26543  their  nation  by  former  treaties,  and  be  entitled  in  every  respect 

26544  to  the  same  privileges,  advantages,  and  protection,  which  are 

26545  herein  extended  to  their  brethren  and  the  other  emigrating  In 

26546  diaus  of  the  State  of  Ohio. 

26547  ARTICLE  12.  The  lands  ceded  by  the  second  article  of  this 

26548  convention  shall  be  sold  by  the  United  States  to  the  highest 

75  i  T 


594 

26549  bidder,  in  the  manner  of  selling  the  public  lauds,  and  after 

26550  deducting  from   the  avails  thereof  seventy  'cents  per  acre,  ex- 

26551  elusive  of  the  cost  of  surveying,  the  balance  is  hereby  guaran- 

26552  teed  to  discharge  such  debts  of  the  Ottoways  residing  on  the 

26553  river  and  bay  of  the  Miami  of  Lake  Erie,  as  they  may  herein 

26554  acknowledge  to  be  due  and  wish  to  be  paid.     Aud  whatever 

26555  overplus  may  remain  of  the  avails  of  said  lands,  after  discharg- 

26556  ing  their  debts  as  aforesaid,  shall  be  paid  to  them  in  money, 

26557  provided  they  shall  refuse  to  remove  west  of  the  Mississippi, 

26558  and  wish  to  seek  some  other  home  among  their  brethren  in  the 

26559  Territory  of  Michigan.    But  should  the  said  band  agree  to  re 

26560  move  west  of  the  Mississippi,  then  any  overplus  which  may  re- 

26561  main  to  them,  after  paying  their  debts,  shall  be  invested  by  the 

26562  President,  and  five  per  centum  paid  to  them  as  an  annuity,  as 

26563  is  provided  for  their  brethren  by  this  convention. 

26564  ARTICLE  13.  At  the  request  of  the  chiefs  residing  at  Roche 

26565  de  Boeuf  and  Wolf  Rapids,  it  is  agreed  that  there  shall  be  rc- 

26566  served  for  the  use  of  Wau-be-ga-kake,  (one  of  the  chiefs,)  for 

26567  three  years  only  from  the  signing  of  this  convention,  a  section 

26568  of  land  below  and  adjoining  the  section  granted  to  and  occupied 

26569  by  Yellow  Hair  or  Peter  Minor ;  and,  also,  there  is  reserved  in 

26570  like  manner,  and  for  the  term  of  three  years,  and  no  longer,  for 

26571  the  use  of  Muck  qui-on-a,  or  Bearskin,  one  section  and  a  half, 

26572  below  Wolf  Rapids,  and  to  include  his  present  residence  and 

26573  improvements.    And  it  is  also  agreed  that  the  said  Bearskin 

26574  shall  have  the  occupancy  of  a  certain  small  island  in  the  Maumee 

26575  Eiver  opposite  his  residence,  where  he  now  raises  corn,  which 

26576  island  belongs  to  the  United  States,  and  is  now  unsold ;  but  the 

26577  term  of  this  occupancy  is  not  guaranteed  for  three  years ;  but 

26578  only  so  long  as  the  President  shall  think  proper  to  reserve  the 

26579  same  from  sale.     And  it  is  further  understood  that  any  of  the 

26580  temporary  reservations  made  by  this  article  may  be  surveyed 

26581  and  sold  by  the  United  States,  subject  to  the  occupancy  of  three 

26582  years,  hereby  granted  to  the  aforesaid  Indians. 

26583  ARTICLE  14.  At  the  request  of  the  chiefs  of  Roche  de  Boeuf 

26584  and  Wolf  Rapids,  there  is  hereby  granted  to  Hiram  Thebault, 

26585  (a half- blooded  Ottoway,)  a  quarter-section  of  land,  to  contain  one 

26586  hundred  and  sixty  acres,  and  to  include  his  present  improve- 

26587  merits,  at  the  Bear  Rapids  of  the  Miami  of  the  Lake.     Also,  one 

26588  quarter  section  of  land,  to  contain  like  quantity,  to  William 

26589  McNabb,  (a  half-blooded  Ottoway,)  to  adjoin  the  quarter- section 

26590  granted  to  Hiram  Thebault.     In  surveying  the  above  reserva- 

26591  tions,  no  greater  front  is  to  be  given  on  the  river  than  would 

26592  properly  belong  to  said  quarter-sections,  in  the  common  manner 

26593  of  surveying  the  public  lands. 

26594  ARTICLE  15.  At  the  request  of  the  chiefs  of  Roche  de  Boeuf 


595 

26595  and  Wolf  Kapids,  there  is  granted  to  the  children  of  Yellow 

26596  Hair,  (or  Peter  Minor,)  one-half  section  of  land,  to  contain  three 

26597  hundred  and  twenty  acres,  to  adjoin  the  north  line  of  the  sec- 

26598  tion  of  land  now  held  by  said  Peter  Minor,  under  patent  from 

26599  the  President  of  the  United  States,  bearing  date  the  24th  of 

26600  November,  1827,  and  the  lines  are  not  to  approach  nearer  than 

26601  one  mile  to  the  Miami  River  of  the  Lake. 

26602  ARTICLE  16.  It  is  agreed  by  the  chiefs  of  Blanchard's  Fork 

26603  and  Oquonoxa's  Village,  and  the  chiefs  of  Roche  de  Boeuf  and 

26604  WolfKapids,  jointly,  that  they  are  to  pay,  out  of  the  surplus 

26605  proceeds  of  the  several  tracts  herein  ceded  by  them,  equal  pro- 

26606  portions  of  the  claims  against  them  by  John  E.  Hunt,  John 

26607  Hollister,  Eobert  A.  Forsythe,  Payne  0.  Parker,  Peter  Minor, 

26608  Theodore  E.  Phelps,  Collister  Haskins,  and  S.  and  P.  Carlan. 

26609  The  chiefs  aforesaid  acknowledge  the  claim  of  John  E.  Hunt 

26610  to  the  amount  of  five  thousand  six  hundred  dollars  ;  the  claim  of 

26611  John  Hollister  to  the  amount  of  five  thousand  dollars  ;  the  claim 

26612  of  Eobert  A.  Forsythe  to  the  amount  of  seven  thousand  five 

26613  hundred  and  twenty-four  dollars,  in  which  is  included  the  claims 

26614  assigned  to  said  Forsythe  by  Isaac  Hull,  Samuel  Yauce,  A.  Pel- 

26615  tier,  Oscar  White,  and  Antoine  Lepoint.     They  also  allow  the 

26616  claim  of  Payne  C.  Parker  to  the  amount  of  five  hundred  dollars; 

26617  the  claim  of  Peter  Minor  to  the  amount  of  one  thousand  dollars ; 

26618  the  claim  of  Theodore  E.  Phelps  to  the  amount  of  three  hundred 

26619  dollars;  the  claim  of  Collister  Haskius  to  the  amount  of  fifty 

26620  dollars,  but  the  said  Haskins  claims  fifty  dollars  more  as  his 

26621  proper  demand  ;  and  the  claim  of  S.  and  P.  Carlan  to  the  amount 

26622  of  three  hundred  and  ninety-eight  dollars  and  twenty-five  cents. 

26623  The  aforesaid  chiefs  also  allow  the  claim  of  Joseph  Larouger  to 

26624  the  amount  of  two  hundred  dollars,  and  the  claim  of  Daniel 

26625  Lakin  to  the  amount  of  seventy  dollars.    Notwithstanding  the 

26626  above  acknowledgement  and  allowances,  it  is  expressly  under- 

26627  stood  and  agreed  by  the  respective  parties  to  this  compact,  that 

26628  the  several  claims  in  this  article,  and  the  items  which  compose 

26629  the  same,  shall  be  submitted  to  the  strictest  scrutiny  and  exarn- 

26630  ination  of  the  Secretary  of  War  and  the  accounting  officers  of 

26631  the  Treasury  Department,  and  such  amount  only  shall  be  allowed 

26632  as  may  be  found  just  and  true. 

26633  ARTICLE  17.  On  the  ratification  of  this  convention,  the 

26634  privileges  of  every  description  granted  to  the  Otto  way  Nation, 

26635  within  the  State  of  Ohio,  by  the  treaties  under  which  they  hold 

26636  the  reservations  of  land  herein  ceded,  shall  forever  cease  and 

26637  determine. 

26638  ARTICLE  18.  Whenever  the  deficiency  of  five  hundred  and 

26639  eighty  dollars,  which  accrued  in  the  annuities  of  the  Ottoways 

26640  for  1830,  shall  be  paid,  the  parties  to  this  convention,  residing- 


,596 

26641  on  Blancliard's  Fork  and  Oquanoxa's  Village,  shall  receive  their 

26642  fair  and  equitable  portion  of  the  same,  either  at  their  present  or 

26643  intended  residence. 

26644  ARTICLE  19.  The  chiefs  signing  this  convention  also  agree, 

26645  in  addition  to  the  claims  allowed  in  the  sixteenth  article  thereof, 

26646  that  they  owe  John  Anderson  two  hundred  dollars,  and  Francis 

26647  Lavoy  two  hundred  dollars. 

26648  ARTICLE  20.  It  is  agreed  that  there  shall  be  allowed  to  Nau- 

26649  on-quai-que-zhick  one  hundred  dollars,  out  of  the  surplus  fund 

26650  accruing  from  the  sales  of  the  lauds  herein  ceded,  in  consequence 

26651  of  his  not  owing  any  debts,  and  having  his  land  sold  to  pay  the 

26652  debts  of  his  brethren. 

26653  Proclaimed  April  6,  1832. 


26654  OTTAWAS,   BAND    RESIDING    ON    THE    INDIAN    RE- 

26655  SERVES,  ON  THE  MIAMI  OF  LAKE  ERIE. 


26656 
26657 
26658 
26659 
26660 
26661 
26662 
26663 

26664 
26665 
26666 
26667 
26668 
26669 
26670 
26671 
26672 
26673 
26674 
26675 
26676 
26677 
26678 
26679 
26680 
26681 
26682 


Articles  of  a  treaty  made  at  Maumee  in  the  State  of  Ohio,  on  the 
eighteenth  day  of  February,  in  the  year  of  our  Lord  one  thou 
sand  eight  hundred  and  thirty-three,  between  George  B.  Porter, 
commissioner  on  the  part  of  the  United  States,  of  the  one  part, 
and  the  undersigned  chiefs  and  head-men  of  the  land  of  Ot- 
taica  Indians  residing  on  the  Indian  Reserves,  on  the  Miami 
of  Lake  Erie,  and  in  the  vicinity  thereof,  representing  the  whole 
of  said  land,  of  the  other  part. 

Whereas,  by  the  twentieth  article  of  the  treaty  concluded 
at  the  foot  of  the  rapids  of  the  Miami  of  Lake  Erie,  on  the 
twenty-ninth  day  of  September,  A.  D.  1817,  (proclaimed 
January  4,  1819,  see  page  205,)  it  is  provided  as  follows: 
u  The  United  States  also  agree  to  grant,  by  patent,  to  the  chiefs 
of  the  Ottawa  tribe  of  Indians  for  the  use  of  the  said  tribe,  a 
tract  of  land,  to  contain  thirty-four  square  miles,  to  be  laid  out 
as  nearly  in  a  square  form  as  practicable,  not  interfering  with  the 
lines  of  the  tracts  reserved  by  the  treaty  of  Greenville,  on  the 
south  side  of  the  Miami  River  of  Lake  Erie,  and  to  include  Tush- 
que-gan,  or  McCarty's  village  ;  which  tracts,  thus  granted,  shall 
be  held  by  the  said  tribe,  upon  the  usual  conditions  of  Indian 
reservations,  as  though  no  patent  were  issued;"  and 

Whereas  by  the  sixth  article  of  the  treaty  concluded  at 
Detroit,  on  the  seventeenth  day  of  November,  A.  D.  1807, 
(proclaimed  January  27,  1808,  see  page  194,)  it  is  provided,  for 
the  accommodation  of  the  Indians  named  in  the  treaty,  that  certain 
tracts  of  land,  within  the  cession  then  made,  should  be  reserved 
to  the  said  Indian  nations,  among  which  is  a  reservation  de- 


597 

26683  scribed  as  follows  :     "  Four  miles  square  on  the  Miami  Bay,  in 

26684  eluding  tbe  villages  where  Meskeman  and  Waugan  now  live," 

26685  which  reservation  was  expressly  made  for  the  Ottawa  tribe.    By 

26686  virtue  of  which  stipulations  and  reservations  the  said  band  of 

26687  Ottawas  are  now  in  the  occupancy  and  enjoyment  of  the  two 

26688  tracts  of  land  therein  described,  and  for  the  consideration  here- 

26689  in  after  stated  have  agreed  to  cede  the  same  to  the  United  States  ; 

26690  and  bind  themselves  to  each  and  all  of  the  articles  and  conditions 

26691  which  follow: 

26692  ARTICLE  1.   The  said  Ottawa  band  cede  to  the  United 

26693  States  all  their  land  on  each  or  either  side  of  the  Miami  River 

26694  of  Lake  Erie,  or  on  the  Miami  Bay,  being  all  the  lands  mentioned 

26695  or  intended  to  be  included  in  the  two  reservations  aforesaid,  or 

26696  to  which  they  have  any  claim.    No  claims  to  be  made  for  irn- 

26697  provements. 

26698  ARTICLE  2.  It  is  agreed  that  out  of  the  lands  hereby  ceded, 

26699  the  following  reservations  shall  be  made,  and  that  patents  for 

26700  each  tract  shall  be  granted  by  the  United  States  to  the  indi- 

26701  viduals  respectively  and  their  heirs  for  the  quantity  hereby  as- 

26702  signed  to  each,  that  is  to  say :  A  tract  of  fifteen  hundred  and 

26703  twenty  acres  shall  be  laid  oft  at  the  mouth  of  the  river,  on  the 

26704  south  side  thereof,  and  to  be  so  surveyed  as  to  accommodate  the 

26705  following  persons,  for  whose  use  respectively  each  tract  herein- 

26706  after  described  is  reserved,  viz :  three  hundred  and  twenty  acres 

26707  for  Au-to-kee,  a  chief,  at  the  mouth  of  the  river,  to  include 

26708  Presque  Isle  j  eight  hundred  acres  for  Jacques,  Kobert,  Peter, 

26709  Autoine,  Francis,  and  Alexis  Navarre,  to  include  their  present 

26710  improvements  ;  one  hundred  and  sixty  acres  for  Wa-say-ou,  the 

26711  son  of  Tush-qua-guan,  to  include  his  father's  old  cabin  ;  the  re- 

26712  maining  two  hundred  and  forty  acres  to  be  set  off  in  the  rear  of 

26713  these  two  sections :  eighty  acres  thereof  for  Pe-tau,  and  if  prac- 

26714  ticable  to  include  her  cabin  and  field  ;  eighty  acres  more  thereof 

26715  for  Che-no,  a  chief,  above,  or  higher  up  the  little  creek,  and  the 

26716  other  eighty  acres  thereof  for  Joseph  Le  Cavalier  Ranjard,  in 

26717  trust  for  himself  and  the  legal  representatives  of  Albert  Ranjard, 

26718  deceased.    Also,  the  following  tracts  on  the  north  side  of  said 

26719  river :  one  hundred  and  sixty  acres  for  Wau-sa-on-o-quet,  a  chief? 

26720  to  include  the  improvement  where  he  now  lives  on  Pike  Creek, 

26721  and  to  front  on  the  bay ;  eighty  acres  for  Leon  Guoin  and  his 

26722  children,  adjoining  the  last  and  on  the  south  side  thereof;  one 

26723  hundred  and  sixty  acres  for  Aush-cush  and  Ke-tuck-kee,  chiefs, 

26724  to  be  laid  off  on  the  north  side  of  Ottawa  Creek,  fronting  on  the 

26725  same,  and  above  the  place  where  the  said  Aush-cush  now  lives; 

26726  one  hundred  and  sixty  acres  for  Robert  A.  Forsyth,  of  Maumee, 

26727  to  be  laid  off  on  each  side  of  the  turnpike  road  where  Halfway 

26728  Creek  crosses  the  same  ;  and  one  hundred  and  sixty  acres,  front- 


598 

26729  ing  on  the  Mauinee  River,  to  include  the  place  where  Ke-ne-wau- 

26730  ba  formerly  resided ;  one  hundred  and  sixty  acres  for  John  E. 

26731  Hunt,  fronting  on  the  said  river,  immediately  above  and  adjoin- 

26732  ing  the  last ;  and  also  one  hundred  and  sixty  acres,  to  adjoin  the 

26733  former  tract,  on  the  turnpike  road.    The  said  tracts  to  be  sur- 

26734  veyed  and  set  off  under  the  direction  of  the  President  of  the 

26735  United  States. 

26736  The  said  Au-to-kee,  Wa-say-on,  Pe-tau-che-no,  Wau-sa-ou- 

26737  o-quet,  Aush-cush,  and  Ke-tuck-kee,  being  Indians,  the  lands 

26738  hereby  reserved  for  them  are  not  to  be  alienated  without  the 

26739  approbation  of  the  President  of  the  United  States. 

26740  The  said  Leon  Guoin  has  resided  for  a  long  time  among 

26741  these  Indians ;  has  subsisted  them  when  they  would  otherwise 

26742  have  suffered,  and  they  are  greatly  attached  to  him.    They 

26743  request  that  the  grant  be  to  him  and  his  present  wife,  during 

26744  their  joint  lives,  and  the  life  of  the  survivor,  and  to  their  children 

26745  in  fee. 

26746  The  said  Jacques,  Robert,  Peter,  Antoiue,  Francis,  and 

26747  Alexis  Navarre  have  long  resided  among  these  Indians,  inter. 

26748  married  with  them,  and  been  valuable  friends. 

26749  The  said  Albert  Ranjard,  deceased,  had  purchased  laud  of 

26750  them  previous  to  the  late  war,  upon  which,  before  he  died,  he 

26751  had  paid  them  three  hundred  dollars,  for  which  his  family  have 

26752  never  received  any  equivalent. 

26753  The  reservations  to  the  said  Robert  A.  Porsyth  and  John 

26754  E.  Hunt  being  at  the  especial  request  of  the  said  band,  in  con- 

26755  sideration  of  their  long  residence  among  them  and  the  many 

26756  acts  of  kindness  they  have  extended  to  them. 

26757  ARTICLE  3.  In  consideration  of  which  it  is  agreed  that  the 

26758  United  States  shall  pay  to  the  said  band  of  Indians  the  sum  of 

26759  twenty -nine  thousand  four  hundred  and  forty  dollars,  to  be,  by 

26760  direction  of  the  said  band,  applied  in  extinguishment  of  their 

26761  debts,  in  manner  following,  that  is  to  say,  to  John  Hollister  and 

26762  Company,  seven  thousand  three  hundred  and  sixty-five  dollars, 

26763  which  includes  other  claims,  directed  by  the  said  Indians  to  be 

26764  by  him  paid,  amounting  to  thirteen  hundred  and  ninety-five  dol- 

26765  lars,  as  per  Schedule  A  herewith  :  To  John  E.  Hunt,  nine  thou- 

26766  sand  nine  hundred  and  twenty-nine  dollars,  which  includes 

26767  other  claims  directed  by  the  said  Indians  to  be  by  him  paid, 

26768  amounting  to  two  thousand  six  hundred  and  seventy-five  dol- 

26769  lars  and  sixty-three  cents,  as  per  Schedule  B  herewith :  To  Bob- 

26770  ert  A.  Forsyth,  of  Maumee,  ten  thousand  eight  hundred  and 

26771  ninety  dollars,  which  includes  other  claims  directed  by  the  said 

26772  Indians  to  be  by  him  paid,  amounting  to  four  thousand  four 

26773  hundred  and  ten  dollars,  as  per  Schedule  O  herewith :  To  Louis 

26774  Beaufit,  seven  hundred  dollars  5  to  Pierre  Menard,  four  hundred 


509 

26775  dollars  ;  to  John  King,  one  hundred  dollars ;    to  Louis  King, 

2677G  fifty-six  dollars.(a) 

26777  Within  six  months  after  payment  by  the  United  States  of 

26778  the  said  consideration  money  the  said  Indians  agree  to  remove 

26779  from  all  the  lands  herein  ceded.    And  it  is  expressly  understood 

26780  that  in  the  mean  time  no  interruption  shall  be  offered  to  the  sur- 

26781  vey  of  the  same  by  the  United  States. 

26782  And  whereas  the  said  band  have  represented  to  the  said 

26783  commissioner  that  under  the  treaty,  as  interpreted  to  them,  en- 

26784  tered  into  with  John  B.  Gardiner,  commissioner  on  the  part  of 

26785  the  United   States,    ou   the  30th  day  of  August,  1831,  (pro- 

26786  claimed  April  6,  1832 ;   see  preceding  treaty,)  for  the  cession 

26787  of  a  part  of  their  lands,  there  is  due  to  them,  jointly  with  that 

26788  portion  of  the  tribe  that  has  emigrated,  eighteen   thousand 

26789  dollars,  and  for  which  they  have  made  claim ;    whenever  this 

26790  deficiency  shall  be  paid  it  is  agreed  that  out  of  said  fund  there 

26791  shall  be  paid  to  Joseph  Leronger,  in  full  satisfaction  of  all  his 

26792  claim,  four  hundred  dollars  ;  and  to  Pierre  Menard,  in  like  sat- 

26793  isfaction,  sixteen  hundred  dollars ;  to  Gabriel  Godfrey,  junior, 

26794  in  like  satisfaction,  two  hundred  dollars;  to  Waubee's  daughter, 

26795  Nau-quesh-kuui-o-qua,  fifty  dollars  ;  to  Charles  Leway,  or  Nau- 

26796  way-nes,  fifty  dollars  ;  to  Dr.  Horatio  Conant,  two  hundred  dol; 

26797  lars,  in  full  satisfaction  of  all  his  claim  ;  fo  Joseph  F.  Marsac, 

26798  fifty  dollars. 

26799  This  treaty,  after  the  same  shall  have  been  ratified  by  the 

26800  President  and  Senate  of  the  United  States,  shall  be  binding  on 

26801  the  contracting  parties. 

26802  Proclaimed  March  22,  1833. 


26803  OTTAWAS,    BLANCHARD'S    FORK,    AND    ROCHE    DE 

26804  BCBUF,   UNITED   BANDS. 

26805  Treaty  between  the  United  States  of  America  and  the  Ottawa  In- 

26806  dians  of  Blanchard's  Fork  and  Roche  De  Bceuf,   concluded 

26807  June  24, 1862  ;  ratification  advised,  icitli  amendment,  July  16, 

26808  1862 ;  amendment  accepted,  July  19,  1862. 

26809  ABRAHAM  LINCOLN,  President  of  the  United  States  of  America, 

26810  to  all  and   singular  to  whom  these  presents   shall  come, 

26811  greeting : 

26812  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

26813  Washington,  in  the  District  of  Columbia,  on  the  twenty-fourth 

26814  day  of  June,  in  the  year  of  our  Lord  eighteen  hundred  and  sixty  - 

26815  two,  by  and  between  William  P.  Dole,  commissioner  on  the  part 

(a)  These  schedules  are  not  on  tile  at  Washington. 


600 

26816  of  the  United  Statesman d  the  hereinafter-named  chief  and  conn - 

1*6817  cilmen  of  the  Ottawa]|Indians]  of  the  united  bands  of  Blanch- 

26818  ard's  Fork  and  Roche  de  Bceuf,  now  in  Franklin  County,  in  the 

26819  State  of  Kansas,  being  duly  authorized  kby  said  bands,  which 

26820  treaty  is  in  the  words  and  figures  following : 

26821  Articles  of  agreement  and  convention,  made  and  concluded  at 

26822  Washington  City,  on  the  twenty-fourth  day  of  June,  eighteen 

26823  hundred  and  sixty-two,  by  and  between  William  P.  Dole, 

26824  commissioner  on  the  part  of  the  United  States,  and  the  fol- 

26825  lowing-named  chief  and  councilmen  of  the  Ottawa  Indians 

26826  of  the  united  bands  of  Blanchard's  Fork  and  of  Roche  de 

26827  Bteuf,  now  in  Franklin  County,  Kansas,  viz :  Pem-ach-wuug, 

26828  chief;  John  T.  Jones,  William  Hurr,  and  James  Wind,  eoun- 

26829  cilmen,  they  being  thereto  duly  authorized  by  said  tribe. 

26830  ARTICLE  1.  The  Ottawa  Indians  of  the  united  bands  of  Blau- 

26831  chard's  Fork  and  of  Roche  de  Boe-uf,  having  become  sufficiently 

26832  advanced  in  civilization,  and  being  desirous  of  becoming  citizens 

26833  of  the  United  States,  it  is  hereby  agreed  and  stipulated  that 

26834  their  organization  and  their  relations  with  the  United  States 

26835  as  an  Indian  tribe  shall  be  dissolved  and  terminated  at  the  ex- 

26836  piration  of  five  years  from  the  ratification  of  this  treaty  ;  and 

26837  from  and  after  that  time  the  said  Ottawas,  and  each  and  every 

26838  one  of  them,  shall  be  deemed  and  declared  to  be  citizens  of  the 

26839  United  States,  to  all  intents  and  purposes,  and  shall  be  entitled 

26840  to  all  the  rights,  privileges,  and  immunities  of  such  citizens, 

26841  and  shall,  in  all  respects,  be  subject  to  the  laws  of  the  United 

26842  States  and  of  the  State  or  States  thereof  in  which  they  may 

26843  reside. 

26844  ARTICLE  2.  It  is  hereby  made  the  duty  of  the  Secretary  of 

26845  the  Interior  to  cause  a  survey  of  the  reservation  of  the  said  Ot- 

26846  tawas  to  be  made  as  soon  as  practicable  after  the  ratification  of 

26847  this  treaty,  dividing  it  into  eighty-acre  tracts,  with   marked 

26848  stones  tset  at  each  corner ;  and  said  Ottawas,  having  already 

26849  caused  their  reservation  to  be  surveyed,  and  quarter-section 

26850  stones  set,  it  is  hereby  stipulated  that  such  survey  shall  be 

26851  adopted,  in  so  far  as  it  shall  be  found  correct. 

26852  ARTICLE  3.  It  being  the  wish  of  said  tribe  of  Ottawas  to 

26853  remunerate  several   of  the  chiefs,  couucilmen,  'and  head-men 

26854  of  the  tribe  for  their  services  to  them  many  yearsawithout  pay, 

26855  it  is  hereby  stipulated  that  five  sections  of  land  is  [are]  reserved 

26856  and  set  apart  for  that  purpose,  to  be  apportioned  among  the 

26857  said  chiefs,  councilmen,  and  head-men  as  the  members  of  the 

26858  tribes  shall  in  full  council  determine  ;  and  it  shall  Jbe  the  duty 

26859  of  the  Secretary  of  the^ Interior  to  issue  paten  ts,'Jn  "fee-simple, 

26860  of  said  lands,  when  located  and  apportioned  to  said  Indians. 

26861  Iu  addition  thereto,  said  last-named  persons,  and  each] and  every 


601 

26862  head  of  a  family  in  said  tribe,  shall  receive  160  acres  of  laud, 

26863  which  shall  include  his  or  her  house  and  all  improvements,  so 
25864  far  as  practicable  ;  and  all  other  members  of  the  tribe  shall  re- 

26865  ceive  80  acres  of  laud  each,  and  all  the  locations  for  the  heads 

26866  of  families,  made  in  accordance  with  this  treaty,  shall  be  made 

26867  adjoining,  and  in  as  regular  and  compact  form  as  possible,  and 

26868  with  due  regard  to  the  rights  of  each  individual  and  of  the 

26869  whole  tribe. 

26870  ARTICLE  4.  To  enable  said  tribe  to  establish  themselves 
25871  more  fully  in  agriculture,  and  gradually  to  increase  their  prepa- 

26872  rations  for  assuming  the  responsibilities  and  duties  of  citizen- 

26873  ship,  it  is  stipulated  that,  subject  to  the  limitations  hereinafter 

26874  mentioned,  the  sum  of  eighteen  thousand  ($18,000)  dollars  shall  be 

26875  paid  to  said  tribe,  in  the  manner  of  annuities,  out  of  their  moneys 

26876  now  in  the  hands  of  the  United  States,  in  September,  1862,  and 

26877  subject  to  the  limitations  of  this  treaty.    There  shall  be  paid  to 
2G878  them  in  four  equal  annual  payments  thereafter,  as  near  as  may 

26879  be,  all  the  moneys  which  the  United  States  hold,  or  may  hold, 

26880  in  any  wise  for  them,  with  accruing  interest  on  all  moneys  re- 

26881  maining  with  the  United  States. 

26882  ARTICLE  5.  It  being  the  desire  of  the  tribe  to  pay  all  lawful 

26883  and  just  debts  against  them  contracted  since  they  were  removed 

26884  to  Kansas,  it  is  agreed  that  such  demands  as  the  council  of  the 

26885  tribe  and  the  agent  shall  approve,  when  confirmed  by  the  Secre- 

26886  tary  of  the  Interior,  may  be  received  in  payment  for  the  lands 

26887  hereinafter  provided  to  be  sold,  or  otherwise  such  debts  shall  be 

26888  paid  out  of  the  funds  of  said  Ottawas;  but  in  no  case  shall  more 

26889  than  $15,000  be  allowed  and  paid  for  such  debts. 

26890  ARTICLE  6.  The  Ottawas  deeming  this  a  favorable  opportu- 

26891  nity  to  provide  for  the  education  of  their  posterity,  and  feeling 

26892  that  they  are  able  to  do  so  by  the  co-operation  of  the  United 

26893  States,  now,  in  pursuance  of  this  desire  of  the  Ottawas,  after  the 

26894  selections  and  allotments  herein  provided  have  been  made,  there 

26895  shall  be  set  apart,  under  the  direction  of  the  Secretary  of  the 

26896  Interior,  twenty  thousand  acres  of  average  lands  for  the  purpose 

26897  of  endowing  a  school  for  the  benefit  of  said  Ottawas;  also,  one 

26898  section  of  land,  upon  which  said  school  shall  be  located,  which 

26899  section  of  land  shall  be  inalienable,  and  upon  which,  and  all  the 

26900  appurtenances  and  property  for  school  purposes  thereon,  no  tax 

26901  shall  ever  be  laid  by  any  authority  whatever. 

26902  Five  thousand  acres  of  said  laud  may  be  sold  by  the  trustees 

26903  hereinafter  named,  the  proceeds  of  which  may  be  devoted  to  the 

26904  erection  of  proper  buildings  and  improvements  upon  said  section 

26905  for  reception  of  the  pupils ;  and  the  residue  of  the  school-lands 

26906  may  in  like  manner  be  sold,  from  time  to  time,  as  full  prices 

26907  can  be  obtained  for  the  same.     The  money  received  therefor 

76  I  T 


602 

26908  shall  be  loaned  upon  good  real  estate  security,  to  be  improved 

26909  farms  in   the  county  of  the  reservation,  the  same  not  to  be 

26910  a  security  for  more  than  half  the  appraised  value  of  the  land 

26911  as  returned  by  the  county  assessor,  and  110  laud  to  be  taken 

26912  as  security  for  such  loan  or  loans  which  shall  be  encumbered 

26913  in  any  manner,  or  the  title  to  which  shall  have  been  derived 

26914  from  or  held  by  any  judicial,  administrator,  or  executor's  sale, 

26915  or  by  the  sale  of  any  person    acting  in   a  fiduciary  capacity. 

26916  The  security  shall  never  be  avoided  on  account  of  any  rate  of 

26917  interest  reserved,  and  the  interest  only  shall  be  applied  to  the 

26918  support  of  the  school,  so  that  the  principal  sum  shall  never  be 

26919  diminished. 

26920  And  to  the  end  that  the  Ottawas  may  derive  the  greatest 

26921  advantage  from  said  school,  the  pupils  shall  be  instructed  and 

26922  practiced  in  industrial  pursuits  suitable  to  their  age  and  sex,  as 

26923  well  as  in  such  branches  of  learning  as  the  means  of  the  institu- 

26924  tion  and  the  capacity  of  the  pupils  will  permit. 

26925  The  lands  hereby  set  apart  shall  not  be  subject  to  taxation 

26926  until  they  are  sold.    They  may  be  sold  upon  such  credit  as  the 

26927  trustees  may  think  most  for  the  interest  of  the  enterprise.     Se- 

26928  curity  for  the  payment  shall  be  taken  with  interest,  the  interest 

26929  to  be  paid  annually,  but  no  title  shall  be  made  until  the  purchase 

26930  money  is  all  paid. 

26931  John  T.  Jones,  James  Wind,  William  Hurr,  Joseph  King, 

26932  who  are  Ottawas,  and  John  Gr.  Pratt,  and  two  other  citizens  of 

26933  Kansas,  who  shall  be  elected  by  the  said  Ottawa  Indians,  are, 

26934  by  the  parties  agreed,  to  be  trustees  to  manage  the  funds  and 

26935  property  by  this  article  set  apart.    They  and  their  successors 

26936  shall  have  the  control  and  management  of  the  school,  and  the 

26937  funds  arising  from  the  sales  of  lands  set  apart  therefor,  and  also 

26938  the  reserved  section  whereon  the  school  is  situated.    Upon  the 

26939  death,  resignation,  or  refusal  to  act  by  either  of  them,  the  va- 

26940  cancy  shall  be  filled  by  the  survivors,  provided  that  the  board  of 

26941  trustees  shall  always  have  three  white  citizens  members  of  said 

26942  board. 

26943  A  majority  of  the  trustees  shall  form  a  quorum  to  transact 

26944  business,  but  there  shall  be  two  of  the  white  trustees  present  at 

26945  the  transaction  of  business.    All  acts  of  the  trustees  shall  be  re 

26946  corded  in  a  book  or  books  to  be  by  them  kept  for  that  purpose, 

26947  and  the  proceedings  of  each  meeting  shall  be  signed  by  the  pres- 

26948  ident,  to  be  by  them  elected  out  of  their  number.     They  shall 

26949  also  elect  a  treasurer  and  secretary  from  their  number.     All 

26950  contracts  of  the  trustees  shall  be  in  the  name  of  their  treasurer, 

26951  who  shall  be  competent  to  sue  and  be  sued  in  all  matters  aftect- 

26952  ing  the  trust;  he  shall  give  bond  conditioned  for  the  faithful 

26953  discharge  of  his  duty,  and  the  proper  accounting  for  all  money 


603 

26954  or  property  of  the  trust  coining  to  his  hands,  with  at  least  tw6 

26955  good  freehold  sureties,  in  the  penalty  of  ten  thousand  dollars,  to 

26956  be  approved  by  a  judge  of  a  court  of  record  in  Kansas. 

26957  And  the  secretary  and  treasurer  may  be  allowed,  from  time 

26958  to  time,  such  sum,  from  the  proceeds  of  the  trust,  as  the  trustees 

26959  in  their  judgment  shall  think  just.    Upon  a  sale  of  any  of  the 

26960  lands  by  the  trustees,  upon  their  request,  the  same  shall  be  con- 

26961  veyed  by  the  United  States,  by  patent,  to  the  purchaser. 

26962  And  it  is  hereby  expressly  provided  and  agreed  that  the 

26963  children  of  the  Ottawas  and  their  descendants,  no  matter  where 

26964  they  may  emigrate,  shalkhave  the  right  to  enter  said  school  and 

26965  enjoy  all  the  privileges  thereof,  the  same  as  though  they  had 

26966  remained  upon  the  lands  by  this  treaty  allotted. 

26967  ARTICLE  7.  There  shall  be  set  apart  ten  acres  of  land  for 

26968  the  benefit  of  the  Ottawa  Baptist  church,  and  said  land  shall 

26969  include  the  church  buildings,  mission-house,  and  graveyard,  and 

26970  the  title  to  said  property  shall  be  vested  in  a  board  of  five  trustees, 

26971  to  be  appointed  by  said  church,  in  accordance  with  the  laws  of 

26972  the  State  of  Kansas. 

26973  And  in  respect  for  the  memory  of  Ilev.  J.  Meeker,  deceased, 

26974  who  labored  with  unselfish  zeal  for  nearly  twenty  years  among 

26975  said  Ottawas,  greatly  to  their  spiritual  and  temporal  welfare,  it 

26976  is  stipulated  that  80  acres  of  good  land  shall  be,  and  hereby  iSj 

26977  given,  in  fee-simple,  to  each  of  the  two  children  of  said  Meeker, 

26978  viz,  Emmeline  and  Eliza ;  their  lands  to  be  selected  and  located 

26979  as  the  other  allotments  herein  provided  are  to  be  selected  and 

26980  located,  which  lauds  shall  be  inalienable  the  same  as  the  lands 

26981  allotted  to  the  Ottawas. 

26982  And  all  the  above-mentioned  selections  of  lands  shall  be  made 

26983  by  the  agent  of  the  tribe,  under  the  direction  of  the  Secretary  of 

26984  the  Interior.    And  plats  and  records  of  all  the  selections  and  loca- 

26985  tious  shall  be  made,  and,  upon  their  completion  and  approval, 

26986  proper  patents  by  the  United  States  shall  be  issued  to  each  in- 

26987  dividual  member  of  the  tribe  and  person  entitled  for  the  lands 

26988  selected  and  allotted  to  them,  in  which  it  shall  be  stipulated  that 

26989  no  Indian,  except  as  herein  provided,  to  whom  the  same  may  be 

26990  issued,  shall  alienate  or  encumber  the  land  allotted  to  him  or  her 

26991  in  any  manner,  until  they  shall,  by  the  terms  of  this  treaty,  be- 

26992  come  a  citizen  of  the  United  States ;  and  any  conveyance  or  en. 

26993  cumbrance  of  said  lands,  done  or  suffered,  except  as  aforesaid, 

26994  by  any  Ottawa  Indian,  of  the  lands  allotted  to  him  or  her,  made 

26995  before  they  shall  become  a  citizen,  shall  be  null  and  void. 

26996  And  forty  acres,  including  the  houses  and  improvements  of 

26997  the  allottee,  shall  be  inalienable  during  the  natural  lifetime  of 

26998  the  party  receiving  the  title:  Provided,  That  such  of  said  In- 

26999  diaus  as  are  not  under  legal  disabilities  by  the  local  laws  may 


604 

27000  sell  to  each  other  such  portions  of  their  lands  as  are  subject  to 

27001  sale,  with  the  consent  of  the  Secretary  of  the  Interior,  at  any 

27002  time. 

27003  ARTICLE  8.  That  upon  the  ratification  of  this  treaty  a  census 

27004  of  all  the  Ottawas  entitled  to  land  or  money  under  the  treaty 

27005  shall  be  taken   under  the   direction  of  the   Secretary  of  the 

27006  Interior. 

27007  The  principal  to  be  paid  to  the  minors  shall  be  paid  to  their 
27003  parents,  unless  the  council  of  the  tribe  shall  object  because  of 

27009  the  incompetency  of  the  parent,  growing  out  of  ignorance,  profli- 

27010  gacy,  or  any  other  good  cause ;  the  council  may  also  object  to 

27011  the  payment  of  the  money  to  any  such  incompetent  which  may  be 

27012  coming  to  himself  or  herself  5  and  in  all  such  cases  the  principal 

27013  sum  shall  be  withheld,  and  only  the  annuity  paid,  until  such 

27014  minor  comes  of  age,  or  the  disability  is  removed  by  the  action  of 

27015  the  council:  Provided  further,  That  the  money  of  minors  may, 

27016  in  all  cases,  be  paid  to  guardians  appointed  by  the  local  laws. 

27017  ARTICLE  9.  It  being  the  desire  of  the  said  Ottawas,  in  mak- 

27018  ing  this  treaty,  to  insure,  as  far  as  possible,  the  settlement  of 

27019  their  reservation  by  industrious  whites,  whose  example  shall  be 

27020  of  benefit  to  the-  tribe  at  large,  it  is  stipulated  that  after  all  the 

27021  above-mentioned  locations,  assignments,  and  sales  are  made, 

27022  the  remainder  of  the  land  shall  be  sold  to  actual  settlers  at  not 

27023  less  than  $1.25  per  acre,  in  the  following  manner :  Any  white 

27024  person  desiring  to  obtain  any  unsold,  unlocated  tract  of  the  land, 

27025  may  file  his  proposition,  in  writing,  with  the  agent  of  the  Otta- 

27026  was,  for  the  purchase  of  the  tract,  stating  the  price  which  he 

27027  proposes  to  pay  for  said  tract,  not  less  than  $1.25  per  acre,  a 

27028  copy  of  which  proposition,  as  well  as  all  others  herein  contem- 

27029  plated,  shall  be  posted   for  thirty  days,  dating  from  the  first 

27030  posting  at  the  agency,  in  some  conspicuous  place  :  and  if  no 

27031  person  will  propose  a  better  price  therefor  within   thirty  days 

27032  next  after  the  first  posting,  in  which  further  proposition  the  first 

27033  person  may  join,  he,  or  such  other  person  as  shall  have  offered 

27034  the  best  price,  shall,  upon  the  payment  of  one  quarter  of  the 

27035  price  offered,  be  taken  and  deemed  the  purchaser  of  said  tract, 

27036  and  shall  be  entitled  to  a  patent  therefor  from  the  United  States 

27037  at  the  end  of  one  year,  if  he  shall  pay  the  remainder  of  the  price 

27038  offered,  have  occupied  the  land,  and  placed  lasting  and  valuable 
2/039  improvements  upon  said  tract  to  the  extent  and  value  of  two 

27040  hundred  dollars  to  each  quarter  section  entered  :  Provided,  That 

27041  if  said  Ottawas,  by  their  council,  shall,  at  any  time  before  any 

27042  person  shall  become  the  purchaser  of  any  tract  of  land,  file  their 

27043  protest  in  writing  against  such  purchaser,  he  shall  not  be  per 
mitted  to  enter  upon  said  lands  or  become  the  purchaser  thereof, 

27045  and  white  persons  not  purchasers  shall  not  be  permitted  to  set- 


605 

27046  tie  upon  said  lands,  it  being  tbe  duty  of  the  agent  to  prevent 

27047  such  settlement,  or  their  occupancy  by  the  whites  who  are  not 

27048  purchasers,  and  only  to  the  extent  of  their  purchase  :  And  pro- 

27049  vided,  further,  That  if  any  purchaser  shall  fail  to  pay  for  the 

27050  land  by  him  purchased  under  this  treaty  at  the  time  stipulated, 

27051  it  shall  be  the  duty  of  the  agent  to  dispossess  him  as  an  intruder 

27052  upon  the  lauds,  and  his  advances,  payments,  and  all  his  iinj)rove- 

27053  nients  shall  enure  to  the  benefit  of  the  Ottawas,  and  the  laud 

27054  shall  be  sold  for  their  benefit,  as  herein  provided.    But  no  per- 

27055  son  under  this  article  shall  be  entitled  to  enter  more  than  320 

27056  acres. 

27057  And   all  the  lands  which   are  not  thus  entered  with  the 

27058  agent  within  two  years  from  the  ratification  of  this  treaty  may, 

27059  upon  the  request  of  the  council,  be  offered  for  sale  at  not  less 

27060  than  $1.25  per  acre,  upon  a  credit  of  one  year,  under  the  direction 

27061  of  the  Secretary  of  the  Interior  ;  and  if  any  lands  thereafter  re- 

27062  main  unsold,  they  may  be  sold  upon  such  terms  as  the  council  of 

27063  said  tribe  and  the  Secretary  of  the  Interior  shall  mutually  agree 

27064  upon.    And  all  the  moneys  derived  from  the  sales  of  the  above- 

27065  described  lands  shall  be  paid  at  the  time  and  place  where  the 

27066  Secretary  of  the  Interior  may  direct. 

27067  ARTICLE  10.  And  it  is  stipulated  that  the  United  States 

27068  shall  pay  to  the  said  Ottawas  the  claims  for  stolen  ponies,  cattle, 

27069  and  timber,  already  reported  and  approved  by  the  Secretary  of 

27070  the  Interior,  amounting  to  $13,005^.     And  also  other  claims 

27071  for  damages  within  two  years,  or  since  the  taking  of  testimony 

27072  for  the  above-mentioned  damages,  upon  the  presentation  of  suffi- 

27073  cieut  proof:  Provided,  Such  last-mentioned  claims  shall  not  ex- 

27074  ceed  $3,500. 

27075  ARTICLE  11.  It  is  hereby  made  the  duty  of  the  Indian  De- 

27076  partment  to  appoint  an  interpreter  for  said  tribe,  in  the  custom- 

27077  ary  manner,  to  be  continued  during  the  pleasure  of  the  Secretary 

27078  of  the  Interior.     And  it  is  expressly  understood  that  all  expenses 

27079  incurred  by  the  stipulations  of  this  treaty  shall  be  paid  out  of 

27080  the  funds  of  the  aforementioned  tribe  of  Ottawas,  and  their  an- 

27081  unities  shall  be  paid  semi-aunually. 

27082  Proclaimed  July  28,  1862. 

27083  OTTAWAS  AND  CHIPPEWAS. 

27084  Articles  of  a  treaty  made  and  concluded  at  IJArbre  Croche  and 

27085  Michilimackinac,   in  the  Territory  of  Michigan,  'between  the 

27086  United  States  of  America,  ly  their  commissioner,  Lewis  Cass, 

27087  and  the  Ottawa  and  Chippewa  Nations  of  Indians. 

27088  ARTICLE  1.  The  Ottawa  and  Chippewa  Nations  of  Indians 

27089  cede  to  the  United  States  the  Saint  Martin  Islands  in  Lake 


606 

27090  Huron,  containing  plaster  of  Paris,  and  to  be  located  under  the 

27091  direction  of  the  United  States. 

27092  ARTICLE  2.  The  Ottawa  and  Chippewa  Nations  of  Indians 

27093  acknowledge  to  have  this  day  received  a  quantity  of  goods  in 

27094  full  satisfaction  of  the  above  cession. 

27095  ARTICLE  3.  This  treaty  shall  be  obligatory  on  the  contract- 

27096  ing  parties  after  the  same  shall  be  ratified  by  the  President  of 

27097  the  United  States,  by  and  with  the  advice  and  consent  of  the 

27098  Senate  thereof. 

27099  Proclaimed  March  8,  1821. 

27100  Articles  of  a  treaty  made  and  concluded  at  the  city  of  Washing- 

27101  ton,  in  the  District  of  Columbia, [between  Henry  R.  Schoolcraft, 

27102  commissioner  on  the  part  of  the  United  States,  and  the  Ottawa 

27103  and  Cliippeica  Nations  of  Indians,  by  their  chiefs  and  delc- 

27104  gates. 

27105  ARTICLE  1.  The  Ottawa  and  Chippewa  Nations  of  Indians 
2710G  cede  to  the  United  States  all  the  tract  of  country  within  the 

27107  following  boundaries  :  Beginning  at  the  month  of  Grand  River 

27108  of  Lake  Michigan,  on  the  north  bank  thereof  and  following  up 

27109  the  same  to  the  line  called  for  in  the  first  article  of  the  treaty 

27110  of  Chicago  of  the  29th  of  August,  1821 ;  thence  in  a  direct  line 

27111  to  the  head  of  Thunder-bay  River ;  thence  with  the  line  estab- 

27112  lished  by  the  treaty  of  Saganaw  of  the  24th  of  September,  1819, 

27113  to  the  mouth  of  said  river ;  thence  northeast  to  the  boundary  - 

27114  line  in  Lake  Huron  between  the  United  States  and  the  British 

27115  province  of  Upper  Canada ;  thence  northwestwardly,  following 

27116  the  said  line,  as  established  by  the  commissioners  acting  under 

27117  the  treaty  of  Ghent,  through  the  straits,  and  River  St.  Mary's, 

27118  to  a  point  in  Lake  Superior  north  of  the  mouth  of  Gitchy  Seebiny, 

27119  or  Chocolate  River ;  thence  south  to  the  mouth  of  said  river  and 

27120  up  its  channel  to  the  source  thereof  5  thence  in  a  direct  line  to 

27121  the  head  of  the  Skonawla  River  of  Green  Bay,  thence  down  the 

27122  south  bank  of  said  river  to  its  mouth ;  thence,  in  a  direct  line, 

27123  through  the  ship-channel  into  Green  Bay  to   the  outer  part 

27124  thereof;  thence  south  to  a  point  in  Lake  Michigan  west  of  the 

27125  north  cape,  or  entrance  of  Grand  River,  and  thence  east  to  the 

27126  place  of  beginning,  at  the  cape  aforesaid;  comprehending  all 

27127  the  lands  and  islands,  within  these  limits,  not  hereinafter  re- 

27128  served. 

27129  ARTICLE  2.  From  the  cession  aforesaid  the  tribes  reserve 

27130  for  their  own  use,  to  be  held  in  common,  the  following  tracts, 

27131  namely:  One  tract  of  fifty  thousand   acres  to  be  located   on 

27132  Little  Traverse  Bay  ;  one  tract  of  twenty  thousand  acres  to  be 


607 

27133  located  on  the  north  shore  of  Grand  Traverse  Bay  ;  one  tract  of 

27134  seventy  thousand  acres  to  be  located  on  or  north  of  the  Pieire 

27135  Marquetta  River ;  one  tract  of  one  thousand  acres  to  be  located 

27136  by  Chingassanoo,  or  the  Big  Sail,  on  the  Cheboigan ;  one  tract 

27137  of  one  thousand  acres  to  be  located  by  Mujeekewis,  on  Thunder- 

27138  bay  River. 

27139  ARTICLE  3.  There  shall  also  be  reserved  for  the  use  of  the 

27140  Chippewas  living  north  of  the  straits  of  Michilimackinac,  the 

27141  following  tracts,  that  is  to  say :  Two  tracts  of  three  miles  square 

27142  each,  on  the  north  shores  of  the  said  straits,  between  Point-au- 

27143  Barl)e  and  Mille  Coquin  River,  including  the  fishing-grounds  in 

27144  front  of  such  reservations,  to  be  located  by  a  council  of  the 

27145  chiefs.     The  Beaver  Islands  of  Lake  Michigan  for  the  use  of  the 

27146  Beaver-Island  Indians.   Bound  Island,  opposite  Michilimackinac, 

27147  as  a  place  of  encampment  for  the  Indians,  to  be  under  the  charge 

27148  of  the  Indian  Department.     The  islands  of  the  Chenos,  with  a 

27149  part  of  the  adjacent  north  coast  of  Lake  Huron,  corresponding  in 

27150  length,  and  one  mile  in  depth.     Sugar  Island,  with  its  islets  in 

27151  the  river  of  St.  Mary's.     Six  hundred  and  forty  acres  at   the 

27152  mission  of  the  Little  Rapids.     A  tract  commencing  at  the  mouth 

27153  of  the  Pississowining  River,  south  of  Point  Iroquois ;  thence 

27154  running  up  said  stream  to  its  forks ;  thence  westward,  in  a  direct 

27155  line  to  the  Red  Water  Lakes  5  thence  across  the  portage  to  the 

27156  Tacquimenon  River,  and  down  the  same  to  its  mouth,  including 

27157  the  small  islands  and  fishing-grounds  in  front  of  this  reservation. 

27158  Six  hundred  and  forty  acres  on  Grand  Island,  arid  two  thousand 

27159  acres  on  the  main  land  south  of  it.    Two  sections  on  the  northern 

27160  extremity  of  Green  Bay,  to  be  located  by  a  council  of  the  chiefs. 

27161  All  the  locations  left  indefinite  by  this  and  the  preceding  articles 

27162  shall  be  made  by  the  proper  chiefs,  under  the  direction  of  the  Pres* 

27163  ident.     It  is  understood  that  the  reservation  for  a  place  of  fish- 

27164  ing  and  encampment,  made  under  the  ^treaty  of  St.  Mary's  of 

27165  the  16th  of  June,  1820,  remains  unaffected  by  this  treaty. 

27166  ARTICLE  4.  In  consideration  of  the  foregoing  cessions  the 

27167  United  States  engage  to  pay  to  the  Ottawa  and  Chippewa  Na- 

27168  tions  the  following  sums,  namely:  1st.  An  annuity  of  thirty 

27169  thousand  dollars  per  annum,  in  specie,  for  twenty  years  ;  eight- 

27170  een  thousand  dollars,  to  be  paid  to  the  Indians  between  Grand 

27171  River  and  the  Cheboigun  ;  three  thousand  six  hundred  dollars 

27172  to  the  Indians  on  the  Huron  shore,  between  the  Cheboigan  and 

27173  Thunder-bay  River ;  and  seven  thousand  four  hundred  dollars  to 

27174  the  Chippewas  north  of  the  straits,  as  far  as  the  cession  extends  ; 

27175  the  remaining  one  thousand  dollars  to  be  invested  in  stock  by  the 

27176  Treasury  Department,  and  to  remain  incapable  of  being  sold, 

27177  without  the  consent  of  the  President  and  Senate,  which  may, 

27178  however,  be  given  after  the  expiration  of  twenty-one  years.    2d. 


608 

27179  Five  thousand  dollars  per  annum,  for  the  purposes  of  education, 

27180  teachers,  school-houses,  and  books  in  their  own  language,  to  be 

27181  continued  twenty  years,  and  as  long  thereafter  as  Congress  may 

27182  appropriate  for  the  object.     3d.  Three  thousand  dollars  for  mis- 

27183  sions,  subject  to  the  conditions  mentioned  in  the  second  clause 

27184  of  this  article.    4th.  Ten  thousand  dollars  for  agricultural  im- 

27185  plements,  cattle,  mechanics'  tools,  and  such  other  objects  as  the 

27186  President  may  deem  proper.    5th.  Three  hundred  dollars  per 

27187  annum  for  vaccine  matter,  medicines,  and  the  services  of  physi- 

27188  cians,  to  be  continued  while  the  Indians  remain  on  their  reserva- 

27189  tions.     Oth.  Provisions  to  the  amount  of  two  thousand  dollars; 

27190  six  thousand  five  hundred  pounds  of  tobacco ;  one  hundred  bar- 

27191  rels  of  salt,  and  five  hundred  fish-barrels,  annually,  for  twenty 

27192  years.     7th.  One  hundred  and  fifty  thousand  dollars,  in  goods 

27193  and  provisions,  on  the  ratification  of  this  treaty,  to  be  delivered 

27194  at  Michilimackinac. 

27195  ARTICLE  5.  The  sum  of  three  hundred  thousand  dollars 

27196  shall  be  set  apart  for  the  payment  of  just  debts  against  the  said 

27197  Indians.     All  claims  for  such  debts  shall  be  examined  by  a  coin- 

27198  missioner  to  be  appointed  by  the  President  and  Senate,  who 

27199  shall  act  under  such  instructions  as  may  be  given  to  him,  by  the 

27200  order  of  the  President,  for  the  purpose  of  preventing  the  allow- 

27201  ance  of  unjust  claims.     The   investigation    shall  be  made  at 

27202  Michilimackinac,  and  no  claims  shall  be  allowed,  except  such  as 

27203  were  contracted  by  Indians  living  within  the  district  of  country 

27204  hereby  ceded,  and  to  citizens  or  residents  of  the  United  States. 

27205  No  claim  shall  be  paid  out  of  this  fund  unless  the  claimant  will 

27206  receive  the  sum  allowed  to  him  as  full  payment  of  all  debts  due 

27207  to  liim  by  the  said  Indians.     If  the  fund  fall  short  of  the  full 

27208  amount  of  just  debts,  then  a  ratable  division  shall  be  made.     If 

27209  it  exceed  such  amount  the  balance  shall  be  paid  over  to  the  In- 

27210  dians  in  the  same  manner  that  annuities  are  required  by  law  to 

27211  be  paid. 

27212  ARTICLE  6.  The  said  Indians  being  desirous  of  making  pro- 

27213  visions  for  their  half-breed  relatives,  and  the  President  having 

27214  determined  that  individual  reservations  shall  not  be  granted,  it 

27215  is  agreed  that  in  lieu  thereof  the  sum  of  one  hundred  and  fifty 

27216  thousand  dollars  shall  be  set  apart  as  a  fund  for  said  half-breeds. 

27217  ]STo  person  shall  be  entitled  to  any  part  of  said  fund,  unless  he  is 

27218  of  Indian  descent  and  actually  resident  within  the  boundaries 

27219  described  in  the  first  article  of  this  treaty,  nor  shall  anything  be 

27220  allowed  to  any  such  person  who  may  have  received  any  allow- 

27221  ance  at  any  previous  Indian  treaty.     The  following  principles 
shall  regulate  the  distribution.     A  census  shall  be  taken  of  all 

27223  the  men,  women,  and  children  coming  within  this  article.     As 

27224  the  Indians  hold  in  higher  consideration  some  of  their  half- 


G09 

27225  breeds  than  others,  aiid  as  there  is  much  difference  in  their  ca- 

27226  pacity  to  use  and  take  care  of  property,  and,  consequently,  in 

27227  their  power  to  aid  their  Indian  connexions,  which  furnishes  a 

27228  strong  ground  for  this  claim,  it  is,  therefore,  agreed,  that  at  the 

27229  council  to  be  held  upon  this  subject  the  commissioner  shall  call 

27230  upon  the  Indian  chiefs  to  designate,  if  they  require  it,  three 

27231  classes  of  these  claimants,  the  first  of  which  shall  receive  one- 

27232  half  more  than  the  second,  and  the  second  double  the  third. 

27233  Each  man,  woman,  and  child  shall  be  enumerated,  and  an  equal 

27234  share,  in  the  respective  classes,  shall  be  allowed  to  each.    If  the 

27235  father  is  living  with  the  family,  he  shall  receive  the  shares  of 

27236  himself,  his  wife,  and  children.    If  the  father  is  dead,  or  separated 

27237  from  the  family,  and  the  mother  is  living  with  the  family,  she 

27238  shall  have  her  own  share,  and  that  of  the  children.    If  the  father 

27239  and  mother  are  neither  living  with  the  family,  or  if  the  children 

27240  are  orphans,  their  share  shall  be  retained  till  they  are  twenty  - 

27241  one  years  of  age;  provided,  that  such  portions  of  it  as  may  be 

27242  necessary  may,  under  the  direction  of  the  President,  be  from 

27243  time  to  time  applied  for  their  support.     All  other  persons  at  the 

27244  age  of  twenty-one  years  shall  receive  their  shares  agreeably  to 

27245  the  proper  class.     Out  of  the  said  fund  of  one  hundred  and  fifty 

27246  thousand  dollars,  the  sum  of  five  thousand  dollars  shall  be  re- 

27247  served  to  be  applied,  under  the  direction  of  the  President,  to  the 

27248  support  of  such  of  the  poor  half-breeds  as  may  require  assist- 

27249  aiice,  to  be  expended  in  annual  instalments  for  the  term  of  ten 

27250  years,  commencing  with  the  second  year.     Such  of  the  half-breeds 

27251  as  may  be  judged  incapable  of  making  a  proper  use  of  the  money 

27252  allowed  them  by  the  commissioner,  shall  receive  the  same  in  iu- 

27253  stalments,  as  the  President  may  direct. 

27254  ARTICLE  7.  In  consideration  of  the  cessions  above  made, 

27255  and  as  a  further  earnest  of  the  disposition  felt  to  do  full  justice 

27256  to  the  Indians,  and  to  further  their  well-being,  the  United  States 

27257  engage  to  keep  two  additional  blacksmith-shops,  one  of  which 

27258  shall  be  located  on-  the  reservation  north  of  Grand  Kiver,  and 

27259  the  other  at  the  8ault  8te.  Marie.    A  permanent  interpreter  will 

27260  be  provided  at  each  of    these  locations.      It  is  stipulated   to 

27261  renew  the  present  dilapidated  shop  at  Michilimackinac,  and  to 

27262  maintain  a  gunsmith,  in  addition  to  the  present  smith's  estab- 

27263  lishment,  and  to  build  a  dormitory  for  the  Indians  visiting  the 

27264  post,  and  appoint  a  person  to  keep  it,  and  supply  it  with  fire- 

27265  wood.     It  is  also  agreed  to  support  two  farmers  and  assistants, 

27266  and  two  mechanics,  as  the  President  may  designate,  to  teach 

27267  and  aid  the  Indians  in  agriculture  and  the  mechanic  arts.    The 

27268  farmers  and  mechanics,  and  the  dormitory,  will  be  continued  for 

27269  ten  years,  arid  as  long  thereafter  as  the  President  may  deem 

27270  this  arrangement  useful  and  necessary  ;  but  the  benefits  of  the 

77  I  T 


610 

27271  other  stipulations  of  this  article  shall  be  continued  beyond  the 

27272  expiration  of  the  annuities,  and  it  is  understood  that  the  whole 

27273  of  this  article  shall  stand  in  force,  and  inure  to  the  benefit  of  the 

27274  Indians,  as  long  after  the  expiration  of  the  twenty  years  as  Con- 

27275  gress  may  appropriate  for  the  objects. 

2727G  ARTICLE  8.  It  is  agreed  that,  as  soon  as  the  said  Indians 

27277  desire  it,  a  deputation  shall  be  sent  to  the  west  of  the  Missis- 

27278  sippi,  and  to  the  country  between  Lake  Superior  and  the  Mis- 
27270  sissippi,  and  a  suitable  location  shall  be  provided  for  them, 

27280  among  the  Chippewas,  if  they  desire  it,  and  it  can  be  purchased 

27281  upon  reasonable  terms,  and  if  not,  then  in  some  portion  of  the 

27282  country  west  of  the  Mississippi  which  is  at  the  disposal  of  the 

27283  United  States.     Such  improvements  as  add  value  to  the  land 

27284  hereby  ceded  shall  be  appraised,  and  the  amount  paid  to  the 

27285  proper  Indian.    But  such  payment  shall  in  no  case  be  assigned 

27286  to,  or  paid  to,  a  white  man.     If  the  church  on  the  Gheboigan 

27287  should  fall  within  this  cession,  the  value  shall  be  paid  to  the  band 

27288  owning  it.    The  mission  establishment  upon  the  Grand  River 

27289  shall  be  appraised  and  the  value  paid  to  the  proper  boards, 

27290  When  the  Indians  wish  it,  the  United  States  will  remove  them, 

27291  at  their  expence,  provide  them  a  year's  subsistence  in  the  coun- 

27292  try  to  which  they  go,  and  furnish  the  same  articles  and  equip- 

27293  meuts  to  each  person  as  are  stipulated  to  be  given  to  the  Potto- 

27294  watomies  in  the  final  treaty  of  cession  concluded  at  Chicago. 

27295  ARTICLE  9.  Whereas  the  Ottawas  and  Chippewas,  feeling 

27296  a  strong  consideration  for  aid  rendered  by  certain  of  their  half- 

27297  breeds  on  Grand  Elver,  and  other  parts  of  the  country  ceded, 

27298  and  wishing  to  testify  their  gratitude  on  the  present  occasion, 

27299  have  assigned  such  individuals  certain  locations  of  land,  and 

27300  united  in  a  strong  appeal  for  the  allowance  of  the  same  in  this 

27301  treaty  j  and  whereas  no  such  reservations  can  be  permitted  in 

27302  carrying  out  the  special  directions  of  the  President  on  this  sub- 

27303  ject,  it  is  agreed  that,  in  addition  to  the  general  fund  set  apart 

27304  for  half-breed  claims,  in  the  sixth  article,  the  sum  of  forty-eight 

27305  thousand  one  hundred  and  forty-eight  dollars  shall  be  paid  for 

27306  the  extinguishment  of  this  class  of  claims,  to  be  divided  in  the 

27307  following  manner :  To  Rix  Robinson,  in  lieu  of  a  section  of  land, 

27308  granted  to  his  Indian  family,  on  the  Grand  Eiver  rapids,  (esti- 

27309  mated  by  good  judges  to  be  worth  half  a  million,)  at  the  rate  of 

27310  thirty-six  dollars  an  acre;  to  Leonard  Slater,  in  trust  for  Cbim- 

27311  inonoquat,  for  a  section  of  laud  above  said  rapids,  at  the  rate  of 

27312  ten  dollars  an  acre ;  to  John  A.  Drew,  for  a  tract  of  one  section 

27313  and  three  quarters,  to  his  Indian  family,  at  Cheboigan  rapids, 

27314  at  the  rate  of  four  dollars ;  to  Edward  Biddle,  for  one  section  to 

27315  his  Indian  family  at  the  fishing-grounds,  at  the  rate  of  three 

27316  dollars  ;  to  John  Holiday,  for  five  sections  of  laud  to  five  per- 


611 

27317  sons  of  bis  Indian  family,  at  the  rate  of  one  dollar  and  twenty  - 

27318  five  cents;  to  Eliza  Cook,  Sophia  Biddle,  and  Mary  Holiday, 

27319  one   section  of  land  each,  at  two  dollars   and  fifty  cents ;  to 

27320  Augustin  Hamelin,  jiinr.,   being   of  Indian  descent,  two  sec- 

27321  tions,  at  one  dollar  and  twenty-five  cents;  to  William  Lasley, 

27322  Joseph  Daily,  Joseph  Trotier,  Henry  A.  Levake,  for  two  sections 

27323  each  for  their  Indian  families,  at  one  dollar  and  twenty-five 

27324  cents ;  to  Luther  Rice,  Joseph  Lafrombois,  Charles  Butterfield, 

27325  being  of  Indian  descent,  and  to  George  Moran,  Louis  Morau, 

27326  G.  D.  Williams,  for  half-breed  children  under  their  care,  and  to 

27327  Daniel  Marsac,  for  his  Indian  child,  one  section  each,  at  one 

27328  dollar  and  twenty-five  cents. 

27329  ARTICLE  10.  The  sum  of  thirty  thousand  dollars  shall  be 

27330  paid  to  the  chiefs,  on  the  ratification  of  this  treaty,  to  be  divided 

27331  agreeably  to  a  schedule  hereunto  annexed. 

27332  zlRTiCLE  11.  The  Ottaways  having  consideration  for  one  of 

27333  their  aged  chiefs,  who  is  reduced  to  poverty,  and  it  being  known 

27334  that  he  was  a  firm  friend  of  the  American  Government,  in  that 

27335  quarter,  during  the  late  war,  and  suffered  much  in  consequence 
2733(3  of  his  sentiments,  it  is  agreed  that  an  annuity  of  one  hundred 

27337  dollars  per  annum  shall  be  paid  to  Ningweegon,  or  the  Wing, 

27338  during  his  natural  life,  in  money  or  goods,  as  he  may  choose. 

27339  Another  of  the  chiefs  of  said  nation,  who  attended  the  treaty  of 

27340  'Greenville  in  1793,  and  is  now,  at  a  very  advanced  age,  reduced 

27341  to  extreme  want,  together  with  his  wife,  and  the  Government 

27342  being  apprized  that  he  has  pleaded  a  promise  of  Gen.  Wayne 

27343  in  his  behalf,  it  is  agreed  that  Chusco  of  Michilimackinac  shall 

27344  receive  an  annuity  of  fifty  dollars  per  annum  during  his  natural 

27345  life. 

2734G  ARTICLE  12.  All  expenses  attending  the  journies  of  the 

27347  Indians  from  and  to  their  homes,  and  their  visit  at  the  seat  of 

27348  Government,  together  with  the  expenses  of  the  treaty,  including 

27349  a  proper  quantity  of  clothing  to  be  given  them,  will  be  paid  by 

27350  the  United  States. 

27351  ARTICLE  13.  The  Indians  stipulate  for  the  right  of  hunting 

27352  on  the  lands  ceded,  with  the  other  usual  privileges  of  occupancy, 

27353  until  the  laud  is  required  for  settlement. 

27354  Proclaimed  May  27,  183G. 

27355  Schedule  referred  to  in  the  Until  article. 

2735G  1.  The  following  chiefs  constitute  the  first  class,  and  are 

27357  entitled  to  receive  five  hundred  dollars  each,  namely :  On  Grand 

27358  River,  Muccutay  Osha,  Nainatippy,  Nawequa  Geezhig  or  Noon 

27359  Day,  Nabun  Egeezhig,  son  of  Kewayguabowequa,  Wabi  Wind- 

27360  ego  or  the  White  Giant,  Cawpemossay  or  the  Walker,  Mukutay 

27361  Oquot  or  Black  Cloud,  Megis  Ininee  or  Wampum-rnan,  Winni- 


612 

27362  missagee;  on  the  Maskigo,  Osawya,  and  Owtm  Aischcuin  ;  at 

27363  L'Arbre  Croche,  Apawkozigun,  or  Smoking  Weed,  Nisowakeout, 

27364  Kemineehawgun ;  at   Grand  Travers,  Aisbquagonabee,  or  the 

27365  Feather  of  Honor,  Chabwossun,  Mikenok ;  on  the  Cheboigan, 

27366  Ohingassamo,  or  the  Big  Sail  5  at  Thunder  Bay,  Mujeekiwiss ; 

27367  on  the  Manistic  North,  Mukous  Ewyan;  at  Oak  Point  on  the 

27368  straits,  Ains ;  at  the  Chenos,  Chaboway  wa  ;  at  Sanlt  Ste.  Marie, 

27369  lawba  Wadick  and  Kewayzi  Shawano ;  at  Tacquimenon,  Kaw- 

27370  gayosh;  at  Grand  Island,  Oshawnn  Epenaysee,  or  the  South 

27371  Bird. 

27372  2.  The  following  chiefs  constitute  the  second  class,  and  are 

27373  entitled  to  receive  two  hundred  dollars  each,  namely  :  On  Grand 

27374  River,  Keeshaowash,  Nugogikaybee,  Kewaytowaby,  Wapoos  or 

27375  the  Rabbit,  Wabitouguaysay,  Kewatondo,  Zhaquinaw,  Nawiqua 

27376  Geezhig  of  Flat  River,  Kenaytinunk,  Weenonga,  Pabawboco, 

27377  Windecowiss,  Muccutay  Pen  ay  or  Black  Patridge,  Kaynotin 

27378  Aishcum,  Boynashing,  Shagwabeno,  son  of  White  Giant,  Tush- 

27379  etowun,  Keway  Gooshcum,  the  former  head  chief,  Pamossayga; 

27380  at  L'Arbre  Croche,  Sagitondowa,  Oginian  Wininee,  Megisawba, 

27381  Mukuday  Benais  j  at  the  Cross,  Nishcajiuiuee,  Nawamushcota, 

27382  Pabamitabi,  Kimmewnn,  Gitchy  Mocoman  ;  at  Grand  Traverse, 

27383  Akosa,  Nebauqnauin,  Kabibouocca;  at  Little  Traverse,  Misco- 

27384  mamaingwa  or  Ked  Butterfly,  Keezhigo  Benais,  Pamanikinong, 

27385  Paimossega;  on  the  Cheboigan,  Chonees,  or  Little  John,  Shaw- 

27386  eenossegay  5  on  Thunder  Bay,  Suganikwato  ;  on  Maskigo,  Was- 

27387  saugazo;   on  Ossigomico  or  Platte  Kiver,  Kaigwaidosay ;   at 

27388  Mauistee,  Keway  Gooshcum ;  on  river  Pierre  Markette,  Saugima  j 

27389  at  Saulte  Ste.  Marie,  Neegaubayuii,  Mukuday  wacquot,  Cheegud ; 

27390  at  Carp  River  west  of  Grand  Island,  Kaug  Wyanais;  at  Mille 

27391  Cocquin  on  the  straits,  Aubunway  :  at  Michiliraackina.c,  Missu- 

27392  tigo.  Saganosh,  Akkukogeesh,  Chebyawboas. 

27393  3.  The  following  persons  constitute  the  third  class,  and  are 

27394  entitled  to  one  hundred  dollars  each,  namely  ;  Kayshewa,  Pen- 

27395  asee  or  Gun  Lake,  Kenisoway,  Keeuabie  of  Grand  River  ;  Wasso, 

27396  Mosaniko,  Unwatin  Oashcum,  Nayogirna,  Itawachkochi,  Nanaw 

27397  Ogomoo,  Gitchy,  Peendowanor  Scabbard,  Mukons,  Kinoehiinaig, 

27398  Tekamosimo,  Pewaywitum,  Mudji  Keguabi,  Kewayaum,  Paush- 

27399  kizigun  or  Big  Gun,  Onaausiuo,  Ashquabay  wiss,  Negaunigabowi, 

27400  Petossegay,  of  L'Arbre  Croche  ;  Poiees  or  Dwarf  and  Pamossay 

27401  of  Cheboigan ;  Gitchy  Ganocquot  and  Pamossegay  of  Thunder 

27402  Bay  ;  Tabusshy  Geeshick  and  Mikenok,  of  Carp  River  south  of 

27403  Grand  Traverse ;  Wapooso,  Kaubiuau,  and  Mndjeekee  of  river 

27404  Pierre  Markuette ;  Pubokway,  Mauitowaba,  and  Mishewatig,  of 

27405  White  River  5  Shawun  Epenaysee  and  Agausgee  of  Grand  Trav- 

27406  erse;  Micqumisut,  Chu.sco  of  Mackinac  ;  Keeshkidjiwun,  Waub 

27407  Ojeeg,  Aukudo,  Winikis,  Jaubeens,  Maidosagee,  Autya,  Ishqua- 


613 

27408  gunaby,  Shaniwaygwanabi,  son  of  Kakakec,  Nittum  Egabowi, 

27409  Magisanikway,  Ketekewegauboway,  of  Sault  Ste.  Marie ;  Che- 

27410  gauzehe  and  Waubudo  of  Grand  Island  ;  Ashegons,  Kinuwais, 

27411  Misquaonaby  and  Mongous  of  Carp  and  Chocolate  Kivers ;  Gitchy 

27412  Peuaisson  of  Grosse  Tete,  and  Waubissaig  of  Bay  de  Nocquet : 

27413  Kainwaybekis  and  Pazhikwaywituin  of  Beaver  Islands;  Neez- 

27414  hick  Epenais  of  the  Ance  ;  Ahdanima  of  Manistic  ;  Mukwyon, 

27415  Wahzahkoon,  Oshawun,  Oneshannocqut  of  the  north  shore  of 
2741G  Lake  Michigan ;    Nagauniby  and    Keway   Gooshkum   of   the 

27417  Chenos. 

27418  HENRY  R.  SCHOOLCRAFT, 

27419  •  Commissioner. 

27420  Supplemental  article. 

27421  To  guard  against  misconstruction  in  some  of  the  foregoing 

27422  provisions,  and  to  secure,  by  further  limitations,  the  just  rights 

27423  of  the  Indians,  it  is  hereby  agreed  that  no  claims  under  the 

27424  fifth  article  shall  be  allowed  for  any  debts  contracted  previous 

27425  to  the  late  war  with  Great  Britain,  or  for  goods  supplied  by  for- 

27426  eigners  to  said  Indians,  or  by  citizens,  who  did  not  withdraw 

27427  from  the  country  during  its  temporary  occupancy  by  foreign 

27428  troops,  for  any  trade  carried  on  by  such  persons  during  the  said 

27429  period.    And  it  is  also  agreed  that  no  person  receiving  any 

27430  commutation  for  a  reservation,  or  any  portion  of  the  fund  pro- 

27431  vided  by  the  sixth  article  of  this  treaty,  shall  be  entitled  to  the 

27432  benefit  of  any  part  of  the  annuities  herein  stipulated.     Nor  shall 

27433  any  of  the  half-breeds,  or  blood  relatives  of  the  said  tribes  com- 

27434  muted  with,  under  the  provisions  of  the  ninth  article, have  any 

27435  further  claim  on  the  general  commutation  fund  set  apart  to  sat- 

27436  isfy  reservation  claims,  in  the  said  sixth  article.     It  is  also  un- 

27437  derstood  that  the  personal   annuities  stipulated  in  the  eleventh 

27438  article  shall  be  paid  in  specie,  in  the  same  manner  that  other 

27439  annuities  are  paid.     Any  excess  of  the  funds  set  apart  in  the 

27440  fifth  and  sixth  articles  shall,  in  lieu  of  being  paid  to  the  Indians, 

27441  be  retained  and  invested  by  the  Government  in  stock  under  the 

27442  conditions  mentioned  in  the  fourth  article  of  this  treaty. 

27443  FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 

27444  to  all  persons  to  whom  these  presents  shall  come,  greeting: 

27445  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

27446  Detroit,  in  the  State  of  Michigan,  on  the  thirty-first  day  of  July, 

27447  eighteen  hundred  and  fifty  five,  between  George  W.  Mauypenuy 

27448  and  Henry  C.  Gilbert,  commissioners  on  the  part  of  the  United 

27449  States,  and   the  Ottawa  and  Chippewa  Indians  of  Michigan, 

27450  parties  to  the  treaty  of  March  twenty-eighth,  eighteen  hundred 

27451  and  thirty-six,  which  treaty  is  in  the  words  and  figures  follovr- 

27452  ing,  to  wit: 


614 

27453  Articles  of  agreement  and  convention  made  and  concluded  at 

27454  the  city  of  Detroit,  in  the  State  of  Michigan,  this  the  thirty  - 

27455  first  day  of  July,  one  thousand  eight  hundred  and  fifty-five, 

27456  between    George  W.  Manypenny  and  Henry  0.  Gilbert, 

27457  commissioners  on  the  part  of  the  United  States,  and  the 

27458  Ottowa  and  Chippewa  Indians  of  Michigan,  parties  to  the 

27459  treaty  of  March  28,  1836. 

27460  In  view  of  the  existing  condition  of  the  Ottowas  and  Chip 

27461  pewas,   and  of  their  legal  and   equitable  claims  against  the 

27462  United  States,  it  is  agreed  between  the  contracting  parties  as 

27463  follows: 

27464  ARTICLE  1.  The  United  States  will  withdraw  from  sale  for 

27465  the  benefit  of  said  Indians  as  hereinafter  provided,  all  the  un- 

27466  sold  public  lands  within  the  State  of  Michigan  embraced  in  the 

27467  following  descriptions,  to  wit : 

27468  First.    For  the  use  of  the  six  bands  residing  at  and  near 

27469  Sault  Ste.  Marie,  sections  13,  14,  23,  24,  25,  26,  27,  and  28,  in 

27470  township  47  north,  range  5  west;    sections  18,  19,  and  30,  in 

27471  township  47  north,  range  4  west,;  sections  11,12,  13,  14,  15,  22, 

27472  23,  25,  and  26,  in  township  47  north,  range  3  west,  and  section 

27473  29  in  township  47  north,  range  2  west;  sections  2,  3,  4,  11,  14, 

27474  and  15  in  township  47  north,  range  2  east;  and  section  34  in 

27475  township  48  north,  range  2  east ;  sections  6,  7,  18, 19,  20,  28,  29, 

27476  and  33  in  township  45  north,  range  2  east;  sections  1,  12,  and 

27477  13,  in  township  45  north,  range  1  east,  and  section  4  in  township 

27478  44  north,  range  2  east. 

27479  Second.  For  the  use  of  the  bauds  who  wish  to  reside  east  of 

27480  the  Straits  of  Maciuac,  townships  42  north,  ranges  1  and  2  west ; 

27481  township  43  north,  range  1  west,  and  township  44  north,  range 

27482  12  west. 

27483  Third.  For  the  Beaver  Island  Band,  lligh  Island,  and  Gar- 

27484  den  Island,  in  Lake  Michigan,  being  fractional  townships  38  and 

27485  39  north,  range  11  west,  40  north,  range  10  west,  and  in  part  39 

27486  north,  range  9  and  10  west. 

27487  Fourth.   For  the  Cross  Village,  Middle  Village,  L'Arbrech- 

27488  roche  and  Bear  Creek  bands,  and  of  such  Bay  du  Noc  and  Bea- 

27489  ver  Island  Indians  as  may  prefer  to  live  with  them,  townships 

27490  34  to  39,  inclusive,  north,  range  5  west,  townships  34  to  387  iuclu- 

27491  give,  north,  range  6  west,  townships  34,  36,  and  37  north,  range 

27492  7  west,  and  all  that  part  of  township  34  north,  range  8  west, 

27493  lying  north  of  Pine  River. 

27494  Fifth.  For  the  bands  who  usually  assemble  for  payment  at 

27495  Grand  Traverse,  townships  29,  30,  and  31  north,  range  11  west, 

27496  and  townships  29,  30,  and  31  north,  range  12  west,  and  the  east 

27497  half  of  township  29  north,  range  9  west. 

27498  Sixth.    For  the  Grand  River  bands,  township  12  north 


615 

27499  range  15  west,  and  townships  15,  16,  17  and  18  north,  range  10 

27500  west. 

27501  Seventh.   For  the  Cheboygan  band,  townships  35  and  36 

27502  north,  range  3  west. 

27503  Eighth.  For  the  Thunder  Bay  band,  section  25  and  36  in 

27504  township  30  north,  range  7  east,  and  section  22  in  township  30 

27505  north,  range  8  east. 

27506  Should  either  of  the  bands  residing  near  Sault  Ste.  Marie 

27507  determine  to  locate  near  the  lands  owned  by  the  missionary 
27608  society  of  the  Methodist  Episcopal  Church  at  Iroquois  Point,  in 

27509  addition  to  those  who  now  reside  there,  it  is  agreed  that  the 

27510  United  States  will  purchase  as  much  of  said  lands  for  the  use  of 

27511  the  Indians  as  the  society  may  be  willing  to  sell  at  the  usual 

27512  Government  price. 

27513  The  United  States  will  give  to  each  Ottowa  and  Chippewa 

27514  Indian,  being  the  head  of  a  family,  80  acres  of  land,  and  to  each 

27515  single  person  over  twenty-one  years  of  age,  40  acres  of  land,  and 

27516  to  each  family  of  orphan  children  under  twenty-one  years  of  age 

27517  containing  two  or  more  persons,  80   acres  of  laud,  and  to  each 

27518  single  orphan  child  under  twenty-one  years  of  age,  40  acres  of 

27519  land,  to  be  selected  and  located  within  the  several  tracts  of  laud 

27520  hereinbefore    described,  under    the  following  rules   and  regu- 

27521  lations : 

27522  Each  Indian  entitled  to  laud   under  this  article  may  make 

27523  his  own  selection  of  any  laud  within  the  tract  reserved  herein  for 

27524  the  band   to  which  he   may  belong:  Provided,  That  in  case  of 

27525  two  or  more  Indians  claiming  the  same  lot  or  tract  of  laud,  the 

27526  matter  shall  be  referred  to  the  Indian  agent,  who  shall  examine 

27527  the  case  and  decide  between  the  parties. 

27528  For  the  purpose  of  determining  who  may  be  entitled  to  land 

27529  under  the  provisions  of  this  article,  lists  shall  be  prepared  by 

27530  the   Indian   agent,  which  lists   shall   contain  the   names  of  all 

27531  persons  entitled,  designating  them  in  four  classes.     Class  1st, 

27532  shall  contain   the  names  of  heads  of  families;  class  2d,  the 

27533  names  of  single  persons  over  twenty-one  years  of  age;  class  3d, 

27534  the  names  of  orphan  children  under  twenty- one  years  of  age, 

27535  comprising  families  of  two  or  more  persons,  and  class  4th,  the 

27536  names  of  single  orphan  children  under  twenty-one  years  of  age, 

27537  and  no  person  shall  be  entered  in  more  than  one  class.     Such 

27538  lists  shall  be  made  and  closed  by  the  first  day  of  July,  1856,  and 

27539  thereafter  no  applications  for  the  benefits  of  this  article  will  be 

27540  allowed. 

27541  At  any  time  within  five  years  after  the  completion  of  the 

27542  lists,  selections  of  lands  may  be  made  by  the  persons  entitled 

27543  thereto,  and  a  notice  thereof,  with  a  description  of  the  land 

27544  selected,  filed  in  the  office  of  the  Indian  agent  in  Detroit,  to  be 


616 

27545  by  him  transmitted  to  tbe  Office  of  Indian  Aflairs  at  Washing- 

27546  ton  City. 

27547  All  sections  of  land  under  this  article  must  be  made  accord - 

27548  ing  to  the  usual  legal  subdivisions;  and  fractional  lots,  if  con- 

27549  taming  less  than  CO  acres,  may  be  regarded  as  forty-acre  lots, 

27550  if  over  sixty  and  less  than-  one  hundred  and  twenty  acres,  as 

27551  eighty-acre  lots.     Selections  for  orphan  children  may  be  made 

27552  by  themselves  or  their  friends,  subject  to  the  approval  of  the 

27553  agent. 

27554  After  selections  are  made,  as  herein  provided,  the  persons 

27555  entitled  to  the  land  may  take  immediate  possession  thereof,  and 

27556  the  United  States  will  thenceforth,  and  until  the  issuing  of  pat- 

27557  cuts  as  hereinafter  provided,  hold  the  same  in  trust  for  such  per- 

27558  sons,  and  certificates  shall  be  issued,  in  a  suitable  form,  guaran- 

27559  teeing  and  securing  to  the  holders  their  possession  and  an  ulti- 

27560  mate  title  to  the  land.    But  such  certificates  shall  not  be  assign- 

27561  able,  and  shall  contain  a  clause  expressly  prohibiting  the  sale  or 

27562  transfer  by  the  holder  of  the  land  described  therein. 

27563  After  the  expiration  of  ten  years,  such  restriction  on  the 

27564  power  of  sale  shall  be  withdrawn,  and  a  patent  shall  be  issued 

27565  in  the  usual  form  to  each  original  holder  of  a  certificate  for  the 

27566  land  described  therein :  Provided,  That  such  restriction  shall 

27567  cease  only  upon  the  actual  issuing  of  the  patent:  And  provided 

27568  further,  That  the  President  may,  in  his  discretion,  at  any  time, 

27569  in  individual  cases,  on  the  recommendation  of  the  Indian  agent, 

27570  when  it  shall  appear  prudent  and  for  the  welfare  of  any  holder 

27571  of  a  certificate,  direct  a  patent  to  be  issued:  And  provided,  also, 

27572  That  after  the  expiration  of  ten  years,  if  individual  cases  shall 

27573  be  reported  to  the  President  by  the  Indian  agent  of  persons  who 

27574  may  then  be  incapable  of  managing  their  own  affairs,  from  any 

27575  reason  whatever,  he  may  direct  the  patents  in  such  cases  to  be 

27576  withheld,  and  the  restrictions  provided  by  the  certificate  con- 

27577  tinned  so  long  as  he  may  deem  necessary  and  proper. 

27578  Should  any  of  the  heads  of  families  die  before  the  issuing 

27579  of  the  certificates  or  patents  herein  provided  for,  the  same  shall 

27580  issue  to  the  heirs  of  such  deceased  persons. 

27581  The  benefits  of  this  article  will  be  extended  only  to  those 

27582  Indians  who  are  at  this  time  actual  residents  of  the  State  of 

27583  Michigan,  and  entitled  to  participate  in  the  annuities  provided 

27584  by  the  treaty  of  March  28,  1836,  (next  preceding;)  but  this  pro- 

27585  vision  shall  not  be  construed  to  exclude  any  Indian  now  belong- 

27586  ing  to  the  Garden  lliver  baud  of  Sault  Ste.  Marie. 

27587  All  the  land  embraced  within  the  tracts  hereinbefore  de- 

27588  scribed  that  shall  not  have  been  appropriated  or  selected  within 

27589  five  years  shall  remain  the  property  of  the  United  States,  and 

27590  the  same  shall  thereafter,  for  the  further  term  of  five  years,  be 


617 

27591  subject  to  entry  in  the  usual  manner,  and  at  the  same  rate  per 

27592  acre,  as  other  adjacent  public  lands  are  then  held,  by  Indians 

27593  only;  and  all  lands  so  purchased  by  Indians  shall  be  sold  with- 

27594  out  restriction,  and  certificates  and  patents  shall  be  issued  for 

27595  the  same  in  the  usual  form  as  in  ordinary  cases;  and  all  lands 
27590  remaining  unappropriated  by  or  unsold  to  the  Indians  after  the 

27597  expiration  of  the  last-mentioned  term  may  be  sold  or  disposed 

27598  of  by  the  United  States,  as  in  the  case  of  all  other  public  lands. 

27599  Nothing  contained  herein  shall  be  so  construed  as  to  prevent 

27600  the  appropriation,  by  sale,  gift,  or  otherwise,  by  the  United 

27601  States,  of  any  tract  or  tracts  of  land  within  the  aforesaid  reser- 

27602  vations  for  the  location  of  churches,  school-houses,  or  for  other 

27603  educational  purposes,  and  for  such  purposes  purchases  of  laud 

27604  may  likewise  be  made  from  the  Indians,  the  consent  of  the  Presi- 

27605  dent  of  the  United  States  having  in  every  instance  first  been 

27606  obtained  therefor. 

27607  It  is  also  agreed  that  any  lands  within  the  aforesaid  tracts 

27608  now  occupied  by  actual  settlers,  or  by  persons  entitled  to  pre- 
27609  emptiou  thereon,  shall  be  exempt  from  the  provisions  of  this 

27610  article;  provided,  that  sucli  pre-emption  claims  shall  be  proved, 

27611  as  prescribed  by  law,  before  the  1st  day  of  October  next. 

27612  Any  Indian  who  may  have  heretofore  purchased  land  for 

27613  actual  settlement,  under  the  act  of  Congress  known  as  the  Grad- 

27614  nation  Act,  may  sell  and  dispose  of  the  same;  and,  in  such  case, 

27615  no  actual  occupancy  or  residence  by  such  Indians  on  lands  so 

27616  purchased  shall  be  necessary  to  enable  him  to  secure  a  title 

27617  thereto. 

27618  In  consideration  of  the  benefits  derived  to  the  Indians  on 

27619  Grand  Traverse  Bay  by  the  school  and  mission  established  in 

27620  1838,  and  still  continued  by  the  Board  of  Foreign  Missions  of  the 

27621  Presbyterian  Church,  it  is  agreed  that  the  title  to  three  separate 

27622  pieces  of  land,  being  parts  of  tracts  Nos.  3  and  4,  of  the  west 

27623  fractional  half  of  section  35,  township  30  north,  range  10  west, 

27624  on  which  are  the  mission  and  school  buildings  and  improvements, 

27625  not  exceeding  in  all  sixty-three  acres  one  hundred  and  twenty- 

27626  four  perches,  shall  be  vested  in  the  said  board  on  payment  of 

27627  $1.25  per  acre;  and  the  President  of  the  United  States  shall 

27628  issue  a  patent  for  the  same  to  such  person  as  the  said  board  shall 

27629  appoint. 

27630  The  United  States  will  also  pay  the  further  sum  of  forty 

27631  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  to  be 

27632  applied  in  liquidation  of  the  present  just  indebtedness  of  the 

27633  said  Ottawa  and  Chippewa  Indians;  provided,  that  all  claims 

27634  presented  shall  be  investigated  under  the  direction  of  the  Secre- 

27635  tary  of  the  Interior,  who  shall  prescribe  such  rules  and  regulations 

27636  for  conducting  such  investigation,  and  for  testing  the  validity 

78  i  T 


618 

27637  and  justness  of  the  claims,  as  he  shall  deem  suitable  and  proper  ; 

27638  and  no  claim  shall  be  paid  except  upon  the  certificate  of  the  said 

27639  Secretary  that,  in  his  opinion,  the  same  is  justly  and  equitably 

27640  due;  and  all  claimants,  who  shall  not  present  their  claims  within 

27641  such  time  as  may  be  limited  by  said  Secretary  within  six  months 

27642  from  the  ratification  of  the  treaty,  or  whose  claims,  having  been 

27643  presented,  shall  be  disallowed  by  him,  shall  be  forever  precluded 

27644  fronTcollecting  the  same,  or  maintaining  an  action  thereon  in 

27645  any  court  whatever;  and  provided,  also,  that  no  portion  of  the 

27646  money  due  said  Indians  for  annuities,  as  herein  provided,  shall 

27647  ever  be  appropriated  to  pay  their  debts  under  any  pretence 

27648  whatever;   provided,  that  the  balance   of  the   amount   herein 

27649  allowed,  as  a  just  increase  of  the  amount  due  for  the  cessions 

27650  and  relinquishnients  aforesaid,  after  satisfaction  of  the  awards 

27651  of  the  Secretary  of  the  Interior,  shall  be  paid  to  the  said  Chip- 

27652  pewas,  or  expended  for  their  benefit,  in  such  manner  as  the  Sec- 

27653  retary  shall  prescribe,  in  aid  of  any  of  the  objects  specified  in 

27654  the  second  article  of  this  treaty. 

27655  ARTICLE  2.  The  United  States  will  also  pay  to  the  said 

27656  Indians  the  sum  of  five  hundred  and  thirty-eight  thousand  and 

27657  four  hundred  dollars,  in  manner  following,  to  wit : 

27658  First.  Eighty  thousand  dollars  for  educational  purposes,  to 

27659  be  paid  in  ten  equal  annual  instalments  of  eight  thousand  dol- 

27660  lars  each,  which  sum  shall  be  expended  under  the  direction  of 

27661  the  President  of  the  United  States ;  and  in  the  expenditure  of 

27662  the  same,  and  the  appointment  of  teachers  and  management  of 

27663  schools,  the   Indians  shall  be  consulted,  and  their  views  and 

27664  wishes  adopted  so  far  as  they  may  be  just  and  reasonable. 

27665  Second.  Seventy-five  thousand  dollars  to  be  paid  in  five 

27666  equal  annual  instalments  of  fifteen  thousand  dollars  each  in  ag- 

27667  ricultural  implements  and  carpenters'  tools,  household  furniture, 

27668  and  building  materials,  cattle,  labor,  and  all  such  articles  as  way 

27669  be  necessary  and  useful  for  them  in  removing  to  the  homes 

27670  herein  provided  and  getting  permanently  settled  thereon. 

27671  Third.  Forty-two  thousand  and  four  hundred  dollars  for  the 

27672  support  of  four  blacksmith-shops  for  ten  years. 

27673  Fourth.  The  sum  of  three  hundred  and  six  thousand  dol- 

27674  lars  in  coin,  as  follows  :  ten  thousand  dollars  of  the  principal, 

27675  and  the  interest  on  the  whole  of  said  last-mentioned  sum  remain- 

27676  ing  unpaid  at  the  rate  of  five  per  cent,  annually  for  ten  years, 

27677  to  be  distributed  per  capita  in  the  usual  manner  for  paying  an- 

27678  unities.    And  the  sum  of  two  hundred  and  six  thousand  dollars 

27679  remaining  unpaid  at  the  expiration  of  ten  years  shall  be  then 

27680  due  and  payable,  and  if  the  Indians  then  require  the  payment 

27681  of  said  sum  in  coin  the  same  shall  be  distributed  per  capita  in 


619 

27682  the  same  manner  as  annuities  are  paid,  and  in  not  less  than  four 

27683  equal  annual  instalments. 

27684  Fifth.  The  sum  of  thirty-five  thousand  dollars  in  ten  annual 

27685  instalments  of  three  thousand  and  five  hundred  dollars  each,  to 

27686  be  paid  only  to  the  Grand  Biver  Ottawas,  which  is  in  lieu  of  all 

27687  permanent  annuities  to  which  they  may  be  entitled  by  former 

27688  treaty  stipulations,  and  which  sum  shall  be  distributed  in  the 

27689  usual  manner  per  capita. 

27690  ARTICLE  3.  The  Ottawa  and  Chippewa  Indians  hereby  re- 

27691  lease  and  discharge  the  United  States  from  all  liability  on  ac- 

27692  count  of  former  treaty  stipulations,  it  being  distinctly  tin  der- 

27693  stood  and  agreed  that  the  grants  and  payments  hereinbefore 

27694  provided  for  are  in  lieu  and  satisfaction  of  all  claims,  legal  and 

27695  equitable,  on  the  part  of  said  Indians  jointly  and  severally  against 

27696  the  United  States,  for  land,  money,  or  other  thing  guaranteed 

27697  to  said  tribes  or  either  of  them  by  the  stipulations  of  any  for- 

27698  mer  treaty  or  treaties  ;  excepting,  however,  the  right  of  fishing 

27699  and  encampment  secured  to  the  Chippewas  of  Sault  Ste.  Marie 

27700  by  the  treaty  of  June   16,  1820,  (proclaimed  March   2,   1821 ; 

27701  see  pp.  143-144.) 

27702  ARTICLE  4.  The  interpreters  at  Sault  Ste.  Marie,  Mackinac, 

27703  and  for  the  Grand  Kiver  Indians  shall  be  continued,  and  an 

27704  other  provided  at  Grand  Traverse,  for  the  term  of  five  years 

27705  and  as  much  longer  as  the  President  may  deem  necessary. 

27706  ARTICLE  5.  The  tribal  organization  of  said  Ottawa  and 

27707  Chippewa  Indians,  except  so  far  as  may  be  necessary  for  the 

27708  purpose  of  carrying  into  eifect  the  provisions  of  this  agreement, 

27709  is  hereby  dissolved  ;  and  if  at  any  time  hereafter  further  uego- 

27710  tiations  with  the  United  States  in  reference  to  any  matters  con- 

27711  talned  herein  should  become  necessary,  no  general  convention 

27712  of  the  Indians  shall  be  called ;  but  such  as  reside  in  the  vicinity 

27713  of  any  usual  place  of  payment,  or  those. only  who  are  immedi 

27714  ately  interested  in  the  questions  involved;  may  arrange  all  mat 

27715  ters  between  themselves  and  the  United  States  without  the  con- 

27716  currence  of  other  portions  of  their  people,  and  as  fully  and  con- 

27717  clusively,  and  with  the  same  effect  in  every  respect,  as  if  all  were 

27718  represented. 

27719  ARTICLE  6.  This  agreement  shall  be  obligatory  and  binding 

27720  on  the  contracting  parties  as  soon  as  the  same  shall  be  ratified 

27721  by  the  President  and  Senate  of  the  United  States. 

27722  Proclaimed  September  10,  1856. 


620 


27723  ONEIDAS,  TUSCARORAS,  AXD  STOCKBRIDGES. 

27724  A  treaty  between  the  United  States  and  the  Oneida,  Tuscorora,  and 

27725  Stockbridge  Indians,  dwelling  in  the  country  of  the  One-Idas. 

27726  Whereas  in  the  late  war  between  Great  Britain  and  the 

27727  United  States  of  America,  a  body  of  the  Oneida  and  Tuscorora 

27728  and  the  Stockbridge  Indians  adhered  faithfully  to  the  United 

27729  States  and  assisted  them  with  their  warriors ;  and  in  coiise- 

27730  qneuce  of  this  adherence  and  assistance  the  Oueidas  and  Tus- 

27731  cororas,  at  an  unfortunate  period  of  the  war,  were  driven  from 

27732  their  homes,  and  their  houses  were  burnt  and  their  property  de- 

27733  stroyed  ;  and  as  the  United  States,  in  the  time  of  their  distress, 

27734  acknowledged  their  obligations  to  these  faithful  friends,  and 

27735  promised  to  reward  them  ;  and  the  United  States  being  now  in 

27736  a  condition  to  fulfill  the  promises  then  made,  the  following  ar- 

27737  tides  are  stipulated  by  the  respective  parties  for  that  purpose : 

27738  to  be  in  force  when  ratified  by  the  President  and  Senate. 

27739  ARTICLE  1.  The  United  States  will  pay  the  sum  of  five 

27740  thousand  dollars,  to  be  distributed  among  individuals  of  the 

27741  Oneida  and  Tuscorora  Nations,  as  a  compensation  for  their  in 

27742  dividual  losses  and  services  during  the  late  war  between  Great 

27743  Britain  and  the  United  States.    The  only  man  of  the  Kaughna- 

27744  waugas  now  remaining  in  the  Oneida  country,  as  well  as  some 

27745  few  very  meritorious  persons  of  tlie  Stockbridge  Indians,  will 

27746  be  considered  in  the  distribution. 

27747  ARTICLE  2.  For  the  general  accommodation  of  these  Indian 

27748  nations  residing  in  the  country  of  the  Oneidas,  the  United  States 

27749  will  cause  to  be  erected  a  complete  grist-mill  and  saw-mill,  in  a 

27750  situation  to  serve  the  present  principal  settlements  of  these  na- 

27751  tions.     Or  if  such  one  convenient  situation  cannot  be  found, 

27752  then  the  United  States  will  cause  to  be  erected  two  such  grist- 

27753  mills  and  saw-mills  in  places  where  it  is  now  known  the  pro- 

27754  posed  accommodation  may  be  effected.      Of  this  the   United 

27755  States  will  judge. 

27756  ARTICLE  3.  The  United  States  will  provide,  during  three 

27757  years  after  the. mills  shall  be  completed,  for  the  expense  of  em- 

27758  ploying  one  or  two  suitable  persons  to  manage  the  mills,  to  keep 

27759  them  in  repair,  to  instruct  some  young  men  of  the  three  nations 

27760  in  the  arts  of  the  miller  and  sawyer,  and  to  provide  teams  and 

27761  utensils  for  carrying  on  the  work  of  the  mills. 

27762  ARTICLE  4.  The  United  States  will  pay  one  thousand  dol- 

27763  lars,  to  be  applied  in  building  a  convenient  church  at  Oneida, 

27764  in  the  place  of  the  one  which  was  there  burnt  by  the  enemy  in 

27765  the  late  war. 

27766  ARTICLE  5.  In  consideration  of  the  above  stipulations  to 


G21 

27767  be  performed  on  the  part  of  the  United  States,  the  Oneida,  Tus- 

27768  corora,  and  Stockbridge  Indians  aforementioned  now  acknowl- 

27769  edge  themselves  satisfied,  and  relinquish  all  other  claims  of  com- 

27770  pensation  and  rewards  for  their  losses  and  services  in  the  late 

27771  war,  excepting  only  the  unsatisfied  claims  of  such  men  of  the 

27772  said*nations  as  bore  commissions  under  the  United  States  for 

27773  any  arrears  which  may  be  due  to  them  as  officers. 

27774  Proclaimed  January  21,  1795. 


27775  ONEIDAS— FIRST    CHRISTIAN    AND   ORCHARD    PAR- 

27776  TIES. 


27777  Articles  of  a  treaty  made  at  the  city  of  Washington  between  Carey 

27778  A.  Harris ,  thereto  specially  directed  l>y  the  President  of  the 

27779  United  States,  and  the  First  Christian  and  Orchard  parties  of 

27780  the  Oneida  Indians  residing  at  Green  Bay,  by  their  chiefs  and 
2778  L  representatives. 

27782  ARTICLE  1.  The  First  Christian  and  Orchard  parties  of  In- 

27783  dians  cede  to  the  United  States  all  their  title  and  interest  in  the 

27784  land  set  apart  for  them  in  the  1st  article  of  the  treaty  with  the 

27785  Menoinonies  of  February  8th,  1831,  (proclaimed  July  9,  1832  $ 

27786  see  page  469,)  and  the  2d  article  of  the  treaty  with  the  same 

27787  tribe  of  October  27th,  1832,  (proclaimed  March  13,  1833 ;  see 

27788  page  479.) 

27789  ARTICLE  2.  From  the  foregoing  cession  there  shall  be  re- 

27790  served  to  the  said  Indians,  to  be  held  as  other  Indian  lands  are 

27791  held,  a  tract  of  land  containing  one  hundred  (100)  acres,  for  each 

27792  individual,  and  the  lines  of  which  shall  be  so  run  as  to  include 

27793  all  their  settlements  and  improvements  in  the  vicinity  of  Green 

27794  Bay. 

27795  ARTICLE  3.  In  consideration  of  the  cession  contained  in  the 

27796  1st  article  of  this  treaty,  the  United  States  agree  to  pay  to  the 

27797  Orchard  party  of  the  Oneida  Indians  three  thousand  (3,000)  dol- 

27798  lars,  and  to  the  First  Christian  party  of  Oneida  Indians  thirty 

27799  thousand  five  hundred  (30,500)  dollars,  of  which  last  sum  three 

27800  thousand  (3,000)  dollars  may  be  expended  under  the  supervision 

27801  of  the  Rev.  Solomon  Davis,  in  the  erection  of  a  church  and  par- 

27802  sonage  house,  and  the  residue  apportioned,  under  the  direction 

27803  of  the  President,  among  the  persons  having  just  claims  thereto ; 

27804  it  being  understood  that  said  aggregate  sum  of  thirty-three 

27805  thousand  five  hundred  (33,500)  dollars  is  designed  to  be  in  re-iin- 

27806  bursenient  of  monies  expended  by  said  Indians  and  in  remunera- 

27807  tion  of  the  services  of  their  chiefs  and  agents  in  purchasing  and 

27808  securing  a  title  to  the  land  ceded  in  the  1st  article.    The  United 


622 

27809  States  further  agree  to  cause  the  tracts  reserved  in  the  2d  article 

27810  to  be  surveyed  as  soon  as  practicable. 

27811  ARTICLE  4.  In  consideration  of  the  sum  of  five  hundred 

27812  (500)  dollars  to  be  paid  to  him  by  the  chiefs  and  representatives 

27813  of  the  said  parties  of  Oneida  Indians,  John  Denny,  (alias  John 

27814  Sundown,)  their  interpreter,  agrees  to  relinquish  to  them  all  his 

27815  title  and  interest  in  the  tract  reserved  in  the  2d  article  of  this 

27816  treaty. 

27817  ARTICLE  5.  It  is  understood  and  agreed  that  the  expenses 

27818  of  this  treaty  and  of  the  chiefs  and  representatives  signing  it, 

27819  in  coming  to  and  returning  from  this  city,  and  while  here,  shall 

27820  be  paid  by  the  United  States. 

27821  ARTICLE  6.  This  treaty  to  be  binding  upon  the  contracting 

27822  parties  when  the  same  shall  be  ratified  by  the  United  States. 

27823  Proclaimed  May  17,  1828. 


27824  OREGON  MIDDLE— TRIBES  AND  BANDS  OF  INDIANS 

27825  OF. 

27826  Treaty  betiveen  the  United  States  and  the  confederated  tribes  and 

27827  lands  of  Indians  in  Middle  Oregon,  concluded  at  Wasco,  in 

27828  Oregon  Territory,  June  25,  1855;  ratified  lij  the  Senate  March 

27829  8,  1859. 

27830  JAMES  BUCHANAN,  President  of  the  United  States  of  America, 

27831  to  all  and  singular  to  whom  these  present  shall  come,  greet- 

27832  ing: 

27833  Whereas  a  treaty  was  made  and  concluded  at  Wasco,  near 

27834  the  Dalles  of  the  Columbia  River,  in  Oregon  Territory,  on  the 

27835  twenty-fifth  day  of  June,  eighteen  hundred  and  fifty -five,  be- 

27836  tween  Joel  Palmer,  superintendent  of  Indian  aftairs  for  the  said 

27837  Territory,  on  the  part  of  the  United  States,  and  the  folio  wing  - 

27838  named  chiefs  and  head-men  of  the  confederated  tribes  and  bauds 

27839  of  Indians  residing  in  Middle  Oregon,  they  being  authorized 

27840  thereto  by  their  respective  bands,  to  wit :  Symtustus,  Locks- 

27841  quis-sa,  Shick-ame,  and  Kuck-np,  chiefs  of  the  Ta-ih  or  Upper 

27842  De  Chutes  band  of  Walla- Wallas ;  Stocket-ly  and  Iso,  chiefs  of 

27843  WTyam  or  Lower  De  Chutes  band  of  Walla-Wallas;  Alexis  and 

27844  Talk-ish,  chiefs  of  the  Tenino  baud  of  Walla- Walls ;  Yise,  chief 

27845  of  the  Dock-spus  or  John  Day's  River  band  of  Walla- Wallas  ; 

27846  Mark,  William  Chenook,  and  Cush-Kella,  chiefs  of  the  Dalles 

27847  band  of  the  Wascoes;  Toh-simph,  chief  of  the  Ki-gal-twal-la 

27848  baud  of  the  Wascoes,  and  Wal-lu-chin,  chief  of  the  Dog  River 

27849  band  of  the  Wascoes :  which  treaty  is  in  the  words  and  figures 

27850  following,  to  wit : 


623 

27851  Articles  of  agreement  and  convention  made  and  concluded  at 

27852  Wasco,  near  the  Dalles  of  the  Columbia  River,  in  Oregon 

27853  Territory,  by  Joel  Palmer,  superintendent  of  Indian  affairs, 

27854  on  the  part  of  the  United  States,  and  the  following-named 

27855  chiefs  and  head-men  of  the  confederated  tribes  and  bands 

27856  of   Indians    residing  in  Middle  Oregon,  they  being  duly 

27857  authorized  thereto  by  their  respective  bands,  to  wit,  Sym- 

27858  tustus,  Locks-quis-sa,  Shick-a-me,  and  Kuck-up,  chiefs  of 

27859  of  the  Taih  or  Upper  De  Chutes  band  of  Walla- Wallas  ; 

27860  Stocket-ly  and  Iso,  chiefs  of  the  Wyam  or  Lower  De  Chutes 

27861  band  of  Walla- Wallas;  Alexis  and  Talkish,  chiefs  of  the 

27862  Tenino  band  of  Walla- Wallas ;  Yise,  chief  of  the  Dock-spus 

27863  or  John  Day's  River  band  of  Walla- Wallas  ;  Mark,  William 

27864  Chenook,  and  Cush-Kella,  chiefs  of  the  Dalles  band  of  the 

27865  Wascoes;  Toh-simph,  chief  of  the  Kt-gal-twal-la  band  of 

27866  Wascoes  ;  and  Wal-la-chin,  chief  of  the  Dog  River  band  of 

27867  Wascoes. 

27868  ARTICLE  1.  The  above-named  confederated  bands  of  Indians 

27869  cede  to  the  United  States  all  their  right,  title,  and  claim  to  all 

27870  and  every  part  of  the  country  claimed  by  them,  included  in  the 

27871  following  boundaries,  to  wit : 

27872  Commencing  in  the  middle  of  the  Columbia  River,  at  the 

27873  Cascade  Falls,  and  running  thence  southerly  to  the  summit  of 

27874  the  Cascade  Mountains;  thence  along  said  summit  to  the  forty  - 

27875  fourth  parallel  of  north  latitude;  thence  east  on  that  parallel  to 

27876  the  summit  of  the  Blue  Mountains,  or  the  western  boundary  of  the 

27877  Sho-sho-ne  or  Snake  country ;  thence  northerly  along  that  suin- 

27878  mit  to  a  point  due  east  from  the  head-waters  of  Willow  Creek  ; 

27879  thence  west  to  the  head-waters  of  said  creek ;  thence  down  said 

27880  stream  to  its  junction  with  the  Columbia  River;  and  thence 

27881  down  the  channel  of  the  Columbia  River  to  the  place  of  begin- 

27882  ning :  Provided,  however,  That  so  much  of  the  country  described 

27883  above  as  is  contained  in  the  following  boundaries  shall,  until 

27884  otherwise  directed  by  the  President  of  the  United  States,  be  set 

27885  apart  as  a  residence  for  said  Indians,  which  tract  for  the  pur- 

27886  poses  contemplated  shall  be  held  and  regarded  as  an  Indian 

27887  reservation,  to  wit: 

27888  Commencing  in  the  middle  of  the  channel  of  the  De  Chutes 

27889  River,  opposite  the  eastern  termination  of  a  range  of  high  lands 

27890  usually  know  as  the  Mutton  Mountains ;  thence  westerly  to  the 

27891  summit  of  said  range,  along  the  divide  to  its  connection  with 

27892  the  Cascade  Mountains ;  thence  to  the  summit  of  said  mount- 

27893  ains ;  thence  southerly  to  Mount  Jefferson  ;  thence  down  the 

27894  main  branch  of  De  Chutes  River ;  heading  in  this  peak  to  its 

27895  junction  with  De  Chutes  Rriver;  and  thence  down  the  middle 

27896  of  the  channel  of  said  river  to  the  place  of  beginning.    All  of 


624 

27897  which  tract  shall  be  set  apart,  and,  so  far  as  necessary,  surveyed 

27898  and  marked  out  for  their  exclusive  use  ;  nor  shall  any  white  per- 

27899  son  be  permitted  to  reside  upon  the  same  without  the  coucur- 
137900  rent  permission  of  the  agent  and  superintendent. 

27901  The  said  bands  and  tribes  agree  to  remove  to  and  settle 

27902  upon  the  same  within  one  year  after  the  ratification  of  this 

27903  treaty,  without  any  additional  expense  to   the   United   States 

27904  other  than  is  provided  for  by  this  treaty  ;  and,  until  tne  expira- 

27905  tiou  of  the  time  specified,  the  said  bands  shall  be  permitted  to 

27906  occupy  and  reside  upon  the  tracts  now  possessed  by  them,  guar- 

27907  anteeing  to  all  white  citizens  the  right  to  enter  upon  and  occupy 

27908  as  settlers  any  lands  not  included  in  said  reservation,  and  not 

27909  actually  inclosed  by  said  Indians.   Provided,  however.  That  prior 

27910  to  the  removal  of  said  Indians  to  said  reservation,  and  before 

27911  any  improvements  contemplated  by  this  treaty  shall  have  been 

27912  commenced,  that  if  the  three  principal  bauds,  to  wit:  the  Was- 

27913  copum,  Tiah,  or  Upper  DC  Chutes,  and  the  Lower  De  Chutes 

27914  bauds  of  Walla- Wallas  shall  express  in  council  a  desire  that 

27915  some  other  reservation  may  be  selected  for  them,  that  the  three 
27910  bauds  named  may  select  each  three  persons  of  their  respective 

27917  bands,  who,  with  the  superintendent  of  Indian  affairs  or  agent, 

27918  as  may  by  him  be  directed,  shall  proceed  to  examine,  and  if 

27919  another  location  can  be  selected,  better  suited  to  the  condition 

27920  and  wants  of  said  Indians,  that  is  unoccupied  by  the  whites, 

27921  and  upon  which  the  board  of  commissioners  thus  selected  may 

27922  agree,  the  same  shall  be  declared  a  reservation  for  said  Indians, 

27923  instead  of  the  tract  named  in  this  treaty.     Provided,  a/so,  That 

27924  the  exclusive  right  of  taking  fish  in  the  streams  running  through 

27925  and  bordering  said  reservation  is  hereby  secured  to  said  Indians ; 

27926  and  at  all  other  usual  and  accustomed  stations,  in  common  with 

27927  citizens  of  the  United  States,  and  of  erecting  suitable  houses  for 

27928  curing  the  same  ;  also  the  privilege  of  hunting,  gathering  roots 

27929  and  berries,  and  pasturing  their  stock  on  unclaimed  lauds,  in 

27930  common  with  citizens,  is  secured  to  them.     (N.  B.  The  rights 

27931  guaranteed  by  the  foregoing  proviso  are  relinquished  by  the  arti- 

27932  cle  1  of  the  treaty  of  November  15,  1865.)    And  provided,  also, 

27933  That  if  any  baud  or  bands  of  Indians,  residing  in  and  claiming 
27931  any  portion  or  portions  of  the  country  in  this  article,  shall  not 

27935  accede  to  the  terms  of  this  treaty,  then  the  bands  becoming 

27936  parties  hereunto  agree  to  receive  such  part  of  the  several  and 

27937  other  payments  herein  named  as  a  consideration  for  the  entire 

27938  country  described  as  aforesaid  as  shall  be  in  the  proportion  that 

27939  their  aggregate  number  may  have  to  the  whole  number  of  Iii- 

27940  diaus  residing  in  and  claiming  the  entire  country  aforesaid,  as 

27941  consideration  and  payment  in  full  for  the  tracts  in  said  country 

27942  claimed  by  them.     And  provided,  also,  That  where  substantial 


625 

27943  improvements  have  been  made  by  any  members  of  the  bands 

27944  being  parties 'to  this  treaty,  who  are  compelled  to  abandon  them 

27945  in  consequence  of  said  treaty,  the  same  shall  be  valued,  under 

27946  the  direction  of  the  President  of  the  United  States,  and  pay- 

27947  ment  made  therefor ;  or,  in  lieu  of  said  payment,  improvements 

27948  of  equal  extent  and  value  at  their  option  shall  be  made  for  them 

27949  on  the  tracts  assigned  to  each  respectively. 

27950  ARTICLE  2.  In  consideration  of,  and  payment  for,  the  coun- 

27951  try  hereby  ceded,  the  United  States  agree  to  pay  the  bands  and 

27952  tribes  of  Indians  claiming  territory  and  residing  in  said  country 

27953  the  several  sums  of  money  following,  to  wit : 

27954  Eight  thousand  dollars  per  annum,  for  the  first  five  years, 

27955  commencing  on  the  first  day  of  September,  1856,  or  as  soon 

27956  thereafter  as  practicable. 

27957  Six  thousand  dollars  per  annum  for  the  term  of  five  years 

27958  next  succeeding  the  first  five. 

27959  Four  thousand  dollars  per  annum  for  the  term  of  five  years 

27960  next  succeeding  the  second  five  ;  and 

27961  Two  thousand  dollars  per  annum  for  the  term  of  five  years 

27962  next  succeeding  the  third  five. 

27963  All  of  which  several  sums  of  money  shall  be  expended  for 

27964  the  use  and  benefit  of  the  confederated  bands,  under  the  direc- 

27965  tion  of  the  President  of  the  United  States,  who  may  from  time 

27966  to  time,  at  his  discretion,  determine  what  proportion  thereof 

27967  shall  be  expended  for  such  objects  as,  in  his  judgment,  will  pro- 

27968  mote  their  well-being  and  advance  them  in  civilization  ;  for  their 

27969  moral  improvement  and  education ;  for  building,  opening  and 

27970  fencing  farms,  breaking  laud,  providing  teams,  stock,  agricul- 

27971  ttiral  implements,  seeds,  &c. ;  for  clothing,  provisions,  and  tools ; 

27972  for  medical  purposes,  providing  mechanics  and  farmers,  and  for 

27973  arms  and  ammunition. 

27974  ARTICLE  3.  The  United  States  agree  to  pay  said  Indians 

27975  the  additional  sum  of  fifty  thousand  dollars,  a  portion  whereof 

27976  shall  be  applied  to  the  payment  for  such  articles  as  may  be  ad- 

27977  vanced  them  at  the  time  of  signing  this  treaty,  and  in  providing, 

27978  after  the  ratification  thereof  and  prior  to  their  removal,  such 

27979  articles  as  may  be  deemed  by  the  President  essential  to  their 

27980  want ;  for  the  erection  of  buildings  on  the  reservation,  fencing 

27981  and  opening  farms ;  for  the  purchase  of  teams,  farming  imple- 

27982  merits,  clothing  and  provisions,  tools,  seeds,  and  for  the  pay- 

27983  merit  of  employees ;  and  for  subsisting  the  Indians  the  first  year 

27984  after  their  removal. 

27985  ARTICLE  4.  In  addition  to  the  considerations  specified  the 

27986  United  States  agree  to  erect,  at  suitable  points  on  the  reserva- 
27937  tion,  one  saw-mill  and  one  flouring-mill,  suitable  hospital  build- 
27988  ings,  one  school-house,  one  blacksmith-shop  with  a  tin  and  a  gun- 

79  i  T 


626 

27939  smith-shop  thereto  attached,  one  wagon  and  ploughmaker  shop, 

27990  aud  for  one  sawyer,  one  miller,  one  superintendent  of  farming 

27991  operations,  a  farmer,  a  physician,  a  school-teacher,  a  blacksmith, 

27992  and  a  wagon  aud  ploughmaker,  a  dwelling  house,  and  the  reqni- 

27993  site  outbuildings  for  each ;  and  to  purchase  and  keep  in  repair, 

27994  for  the  time  specified  for  furnishing  employees,  all  necessary 

27995  mill-fixtures,  mechanics'  tools,  medicines  and  hospital  stores, 

27996  books  and  stationery  for  schools,  and  furniture  for  employees. 

27997  The  United  States  further  engage  to  secure  and  pay  for  the 

27998  services  and  subsistence,  for  the  term  of  fifteen  years,  of  one 

27999  farmer,  one  blacksmith,  and  one  wagon  and  ploughmaker,  and 

28000  for  the  term  of  twenty  years,  of  one  physician,  one  sawyer,  one 

28001  miller,  one  superintendent  of  farming  operations,  and  one  school 

28002  teacher. 

28003  The  United  States  also  engage  to  erect  four  dwelling-houses, 

28004  one  for  the  head  chief  of  the  confederated  bands,  and  one  each 

28005  for  the  Upper  and  Lower  De  Chutes  bauds  of  Walla-Wallas, 

28006  and  for  the  Wascopum  baud  of  Wascoes,  and  to   fence  and 

28007  plough  for  each  of  the  said  chiefs  ten  acres  of  land  :  also  to  pay 

28008  the  head  chief  of  the  confederated  bands  a  salary  of  five  hundred 

28009  dollars  per  annum  for  twenty  years,  commencing  six  mouths 

28010  after  the  three  principal  bauds  named  in  this  treaty  shall  have 

28011  removed  to  the  reservation,  or  as  soon  thereafter  as  a  head  chief 

28012  should  be  elected :  And  provided,  also,  That  at  any  time  when  by 

28013  the  death,  resignation,  or  removal  of  the  chief  selected,  there 

28014  shall  be  a  vacancy  and  a  successor  appointed  or  selscted,  the 

28015  salary,  the  dwelling,  and  improvements  shall  be  possessed  by 

28016  said  successor,  so  long  as  he  shall  occupy  the  position  as  head 

28017  chief;  so  also  with  reference  to  the  dwellings  and  improvements 

28018  provided  for  by  this  treaty  for  the  head  chiefs  of  the  three  prin- 

28019  cipal  bands  named. 

28020  ARTICLE  5.  The  President  may,  from  time  to  time,  at  his 

28021  discretion,  cause  the  whole,  or  such  portion  as  he  may  think 

28022  proper,  of  the  tract  that  may  now  or  hereafter  be  set  apart  as  a 

28023  permanent  home  for  these  Indians,  to  be  surveyed  into  lots  and 

28024  assigned  to  such  Indians  of  the  confederated  bauds  as  may  wish 

28025  to  enjoy  the  privilege  and  locate  thereon  permanently.    To  a 

28026  single  person  over  twenty-one  years  of  age,  forty  acres ;  to  a 

28027  family  of  two  persons,  sixty  acres ;  to  a  family  of  three  and  not 

28028  exceeding  five,  eighty  acres ;  to  a  family  of  six  persons  and  not 

28029  exceeding  ten,  one  hundred   and   twenty  acres;   and  to  each 

28030  family  over  ten  in  number  twenty  acres  for  each  additional  three 

28031  members.    And  the  President  may  provide  such  rules  aud  regu- 

28032  latious  as  will  secure  to  the  family  in  case  of  the  death  of  the 

28033  head  thereof  the  possession  and  enjoyment  of  such  permanent 

28034  home  and  the  improvement  thereon  ;  and  he  may,  at  any  time, 


627 

28035  at  his  discretion,  after  such  person  or  family  has  made  location 

28036  on  the  land  assigned  as  a  permanent  home,  issue  a  patent  to 

28037  such  person  or  family  for  such  assigned  land,  conditioned  that 

28038  the  tract  shall  not  be  aliened  or  leased  for  a  longer  term  than 

28039  two  years,  and  shall  be  exempt  from  levy,  sale,  or  forfeiture, 

28040  which  condition  shall  continue  in  force  until  a  State  constitu- 

28041  tion  embracing  such  lands  within  its  limits  shall  have  been 

28042  formed,  and  the  legislature  of  the  State  shall  remove  the  restric- 

28043  tions  :  Provided,  however,  That  no  State  legislature  shall  remove 

28044  the  restrictions  herein  provided  for  without  the  consent  of  Con- 

28045  gress  :  And  provided,  also,  That  if  any  person  or  family  shall  at 

28046  any  time  neglect  or  refuse  to  occupy  or  till  a  portion  of  the  land 

28047  assigned  and  on  which  they  have  located,  or  shall  roam  from 

28048  place  to  place,  indicating  a  desire  to  abandon  his  home,  the 

28049  President  may,  if  the  patent  shall  have  been  issued,  revoke  the 

28050  same,  and  if  not  issued  cancel  the  assignment,  and  may  also 

28051  withhold  from  such  person  or  family  their  portion  of  the  aunui- 

28052  ties,  or  other  money  due  them,  until  they  shall  have  returned  to 

28053  such  permanent  home  and  resumed  the  pursuits  of  industry, 

28054  and  in  default  of  their  return  the  tract  may  be  declared  aban- 

28055  doned,  and  thereafter  assigned  to  some  other  person  or  family 

28056  of  Indians  residing  on  said  reservation. 

28057  ARTICLE  6.  The  annuities  of  the  Indians  shall  not  be  taken 

28058  to  pay  the  debts  of  individuals. 

28059  ARTICLE  7.  The  confederated  bands  acknowledge  their  de- 

28060  pendence  on  the  Government  of  the  United  States,  and  promise 

28061  to  be  friendly  with  all  the  citizens  thereof,  and  pledge  themselves 

28062  to  commit  no  depredation  on  the  property  of  said  citizens  ;  and 

28063  should  any  one  or  more  of  the  Indians  violate  this  pledge,  and 

28064  the  fact  be  satisfactorily  proven  before  the  agent,  the  property 

28065  taken  shall  be  returned,  or  in  default  thereof,  or  if  injured  or 

28066  destroyed,  compensation  may  be  made  by  the  Government  out 

28067  of  their  annuities ;  nor  will  they  make  war  on  any  other  tribe 

28068  of  Indians  except  in  self-defence,  but  submit  all  matters  of  dif- 

28069  ference  between  them  and  other  Indians  to  the  Government  of 

28070  the  United  States  or  its  agents  for  decision,  and  abide  thereby  ; 

28071  and  if  any  of  the   said   Indians  commit  any  depredations  on 

28072  other  Indians,  the  same  rule  shall  prevail  as  that  prescribed  in 

28073  the  case  of  depredations  against  citizens ;  said  Indians  further 

28074  engage  to  submit  to  and  observe  all  laws,  rules,  and  regulations 

28075  which  may  be  prescribed  by  the  United  States  for  the  govern - 

28076  ment  of  said  Indians. 

28077  ARTICLE  8.  In  order  to  prevent  the  evils  of  intemperance 

28078  among  said  Indians,  it  is  hereby  provided  that  if  any  one  of 

28079  them,  shall  drink  liquor  to  excess,  or  procure  it  for  others  to 


628 

28080  drink,  his  or  her  proportion  of  the  annuities  may  be  withheld 

28081  from  him  or  her  for  such  time  as  the  President  may  determine. 

28082  ARTICLE  9.  The  said  confederated  bands  agree  that  when- 

28083  soever,  in  the  opinion  of  the  President  of  the  United  States,  the 

28084  public  interest  may  require  it,  that  all  roads,  highways,  and  rail- 

28085  roads  shall  have  the  right  of  way  through  the  reservation  herein 

28086  designated,  or  which  may  at  any  time  hereafter  be  set  apart  as 

28087  a  reservation  for  said  Indians. 

28088  This  treaty  shall  be  obligatory  on  the  contracting  parties  as 

28089  soon  as  the  same  shall  be  ratified  by  the  President  and  Senate  of 

28090  the  United  States. 

28091  Proclaimed  April  18,  1859. 

28092  Supplemental  treaty  between  the  United  States  of  America  and  the 

28093  confederated  tribes  and  bands  of  Indians  of  Middle  Oregon, 

28094  conceded  November  15,  1865  ;   ratification  advised  March  2, 

28095  1867. 

28096  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

28097  to  all  and  singular  to  whom  these  presents  shall  come,  greet- 

28098  ing : 

28099  Whereas  a  supplemental  treaty  was  made  and  concluded 

28100  at  the  Warm  Springs  Indian  agency,  in  the  State  of  Oregon,  on 

28101  the  fifteenth  day  of  November,  in  the  year  of  our  Lord  one  thou- 

28102  sand  eight  hundred  and  sixty-five,  by  and  between  J.  W.  Perit 

28103  Huntiugton,  commissioner,  on  the  part  of  the  United  States,  and 

28104  Mark,  William  Chinook,  Kuck-up,  and  other  chiefs  and  head- 

28105  men  of  the  confederated  tribes  and  bands  of  Indians  of  Middle 

28106  Oregon,  on  the  part  of  said  Indians,  and  duly  authorized  there - 

28107  to  by  them,  which  treaty  is  in  the  words  and  figures  following, 

28108  to  wit: 

28109  Articles  of   agreement  and    convention    entered  into   at   the 

28110  Warm  Springs  agency,  Oregon,  by  J.  W.  Perit  Huntingtou, 

28111  sup't  Indian   aifairs  for  Oregon,  on  behalf  of  the  United 

28112  States,  and  the  undersigned,  chiefs  and  head-men  of  the  con- 

28113  federated  tribes  and  bands  of  Middle  Oregon,  the  same  being 

28114  amendatory  of,  and  supplemental  to,  the  treaty  negotiated 

28115  with  the  aforesaid  tribes  on  the  twenty-fifth  day  of  June, 

28116  eighteen  hundred  and  fifty-five,  and  ratified  by  the  Senate 

28117  of  the  United   States  on  the  eighteenth  day  of   April, 

28118  eighteen  hundred  and  fifty-nine. 

28119  ARTICLE  1.  It  having  become  evident  from  experience  that 

28120  the  provision  of  article  1  of  the  treaty  of  the  twenty -fifth  of  June, 
L21  A.  D.  eighteen  hundred  and  fifty-five,  (next  preceding,)  which 

28122  permits  said  confederated  tribes  to  fish,  hunt,  gather  berries  and 


629 

28123  roots,  pasture  stock,  and  erect  bouses  on  lands  outside  the  reser- 

28124  vatiou,  and  which  have  been  ceded  to  the  United  States,  is  often 

28125  abused  by  the  Indians  to  the  extent  of  continuously  residing  away 

28126  from  the  reservation,  and  is  detrimental  to  the  interests  of  both 

28127  Indians  and  whites ;  therefore  it  is  hereby  stipulated  and  agreed 

28128  that  all  the  rights  enumerated  in  the  third  proviso  of  the  first 

28129  section  of  the  before-mentioned  treaty  of  the  twenty-fifth  of 

28130  June,  eighteen  hundred  and  fifty-five,  that  is  to  say,  the  right 

28131  to  take  fish,  erect  houses,  hunt  game,  gather  roots  and  berries, 

28132  and  pasture  animals  upon  lands  without  the  reservation  set 

28133  apart  by  the  treaty  aforesaid,  are  hereby  relinquished  by  the 

28134  confederated  Indian  tribes  and  bands  of  Middle  Oregon,  parties 

28135  to  this  treaty. 

28136  ARTICLE  2.  The  tribes  aforesaid  covenant  and  agree  that 

28137  they  will  hereafter  remain  upon  said  reservation,  subject  to  the 

28138  laws  of  the  United  States,  the  regulations  of  the  Indian  De 

28139  partment,  and  the  control  of  the  officers  thereof  j  and  they  fur- 

28140  ther  stipulate  that  if  any  of  the  members  of  said  tribes  do 

28141  leave,  or  attempt  to  leave,  said  reservation  in  violation  of  this 

28142  treaty,  they  will  assist  in  pursuing  and  returning  them,  when 

28143  called  upon  to  do  so  by  the  superintendent  or  agent  in  charge. 

28144  ARTICLE  3.  In  cases  which  may  arise,  which  make  it  neces- 

28145  sary  for  any  Indian  to  go  without  the  boundaries  of  said  reserva- 

28146  tion,  the  superintendent  or  agent  in  charge  may,  in  his  discre- 

28147  tion,  give  to  such  Indian  a  written  permit  or  pass,  which  shall 

28148  always  be  for  a  short  period  and  the  expiration  definitely  fixed 

28149  in  said  paper.    Any  Indian  who,  having  gone  out  with  a  written 

28150  pass,  shall  remain  beyond  the  boundaries  for  a  longer  period 

28151  than  the  time  named  in  said  pass,  [shall]  be  deemed  to  have 

28152  violated  this  treaty  to  the  same  extent  as  if  he  or  she  had  gone 

28153  without  a  pass. 

28154  ARTICLE  4.  An  infraction  of  this  treaty  shall  subject  the 

28155  Indian  guilty  thereof  to  a  deprivation  of  his  or  her  share  of  the 

28156  annuities,  and  to  such  other  punishment  as  the  President  of  the 

28157  United  States  may  direct. 

28158  ARTICLE  5.  It  is  stipulated  and  agreed  on  the  part  of  the 

28159  United  States,  as  a  consideration  for  the  relinquish  in  en  t  of  the 

28160  rights  herein  enumerated,  that  the  sum  of  three  thousand  five 

28161  hundred  dollars  shall  be  expended  in  the  purchase  of  teams, 

28162  agricultural  implements,  seeds,  and  other  articles  calculated  to 

28163  advance  said  confederated  tribes  in  agriculture  and  civilization. 

28164  ARTICLE  6.  It  is  further  agreed  that  the  United  States 

28165  shall  cause  to  be  allotted  to  each  head  of  a  family  in  said  confed- 

28166  erated  tribes  and  bands  a  tract  of  land  sufficient  for  his  or  her 

28 167  use,  the  possession  of  which  shall  be  guaranteed  and  secured  to 

28168  said  family  and  the  heirs  thereof  forever. 


630 

28169  ARTICLE  7.  To  the  end  that   the  vice  of  intemperance 

28170  among  said  tribes  may  be  checked,  it  is  hereby  stipulated  that 

28171  when  any  members  thereof  shall  be  known  to  drink  ardent  spir- 

28172  its,  or  to  have  the  same  in  possession,  the  facts  shall  be  inime- 

28173  diately  reported  to  the  agent  or  superintendent,  with  the  name 

28174  of  the  person  or  persons  from  whom  the  liquor  was  obtained  ; 

28175  and  the  Indians  agree  to  diligently  use,  under  the  direction  of 

28176  the  superintendent  or  agent,  all  proper  means  to   secure  the 

28177  identification   and  punishment  of  the  persons  unlawfully  fur- 

28178  nishing  liquor  as  aforesaid. 

28179  Proclaimed  March  29,  1867. 


28180  OTTOES. 

28181  A  treaty  of  peace  and  friendship  made  and  concluded  between  Will- 

28182  lam  Clark  and  Auguste  Chouteau,  commissioners  on  the  part 

28183  and  behalf  of  the  United  States  of  America,  of  the  one  party 

28184  and  the  undersigned  chiefs  and  ivarriors  of  the  Ottoes  tribe  of 

28185  Indians,  on  the  part  and  behalf  of  their  said  tribe,  of  the  other 

28186  part. 

28187  The  parties  being  desirous  of  re  establishing  peace  and 

28188  friendship  between  the  United  States  and  their  said  tribe,  and 

28189  of  being  placed,  in  all  things  and  in  every  respect,  upon  the 

28190  same  footing  upon  which  they  stood  before  the  late  war  between 

28191  the  United  States  and  Great  Britain,  have  agreed  to  the  folio w- 

28192  ing  articles: 

28193  ARTICLE  1.  Every  injury  or  act  of  hostility  by  one  or  either 

28194  of  the  contracting  parties  against  the  other  shall  be  mutually 

28195  forgiven  and  forgot. 

28196  ARTICLE  2.  There  shall  be  perpetual  peace  and  friendship 

28197  between  all  the  citizens  of  the  United  States  of  America  and 

28198  all  the  individuals  composing  the  said  Ottoes  tribe,  and  all  the 

28199  friendly  relations  that  existed  between  them  before  the  war  shall 

28200  be,  arid  the  same  are  hereby,  renewed. 

28201  ARTICLE  3.  The  undersigned  chiefs  and  warriors,  for  them- 

28202  selves  and  their  said  tribes,  do  hereby  acknowledge  themselves 

28203  to  be  under  the  protection  of  the  United  States  of  America,  and 

28204  of  no  other  nation,  power,  or  sovereign,  whatsoever. 

28205  Proclaimed  December  26,  1817. 

28206  OTTOES  AND  MISSOURIES. 

28207  Treaty  with  the  Ottoe  and  Missouri  Tribe. 

For  the  purpose  of  perpetuating  the  friendship  which  has 

28209  heretofore  existed,  as  also  to  remove  all  future  cause  of  discus- 


631 

28210  sion  or  dissension  as  it  respects  trade  and  friendship  between 

28211  the  United  States  and  their  citizens,  and  the  Ottoe  and  Missouri 

28212  tribe  of  Indians,  the  President  of  the  United  States  of  America, 

28213  by  Brigadier-General  Henry  Atkinson,  of  the  United  States 

28214  Army,  and  Major  Benjamin  O'Fallon,  Indian  agent,  with  full 

28215  powers  and  authority,  specially  appointed  and  commissioned  for 

28216  that  purpose,  of  the  one  part,  and  the  undersigned  chiefs,  head- 

28217  men,  and  warriors  of  the  said  Ottoe  and  Missouri  tribe  of  In- 

28218  dians,  on  behalf  of  their  tribe,  of  the  other  part,  have  made  and 

28219  entered  into  the  following  articles  and  conditions,  which,  when 

28220  ratified  by  the  President  of  the  United  States,  by  and  with  the 

28221  advice  and  consent  of  the  Senate,  shall  be  binding  on  both  par- 

28222  ties  to  wit : 

28223  ARTICLE  1.  It  is  admitted  by  the  Ottoe  and  Missouri  tribe 

28224  of  Indians  that  they  reside  within  the  territorial  limits  of  the 

28225  United  States,  acknowledge  their  supremacy,  and  claim  their 

28226  protection.     The  said  tribe  also  admit  the  right  of  the  United 

28227  States  to  regulate  all  trade  and  intercourse  with  them. 

28228  ARTICLE  2.  The  United  States  agree  to  receive  the  Ottoe 

28229  and  Missouri  tribe  of  Indians  into  their  friendship,  and  under 

28230  their  protection,  and  to  extend  to  them,  from  time  to  time,  such 

28231  benefits  and  acts  of  kindness  as  may  be  convenient,  and  seem 

28232  just  and  proper  to  the  President  of  the  United  States. 

28233  ARTICLE  3.  All  trade  and  intercourse  with  the  Ottoe  and 

28234  Missouri  tribe  shall  be  transacted  at  such  place  or  places  as 

28235  may  be  designated  and  pointed  out  by  the  President  of  the 

28236  United  States,  through  his   agents;  and  none  but  American 

28237  citizens,  duly  authorized  by  the  United  States,  shall  be  admitted 

28238  to  trade  or  hold  intercourse  with  said  tribe  of  Indians. 

28239  ARTICLE  4.  That  the  Ottoe  arid  Missouri  tribe  may  be  ac- 

28240  cornmodated  with  such  articles  of  merchandise,  &c.,  as  their 

28241  necessities  may  demand,  the  United  States  agree  to  admit  and 

28242  license  traders  to  hold  intercourse  with  said  tribe,  under  mild 

28243  and  equitable  regulations:  in  consideration  of  which,  the  said 

28244  Ottoe  and  Missouri  tribe  bind  themselves  to  extend  protection  to 

28245  the  persons  and  the  property  of  the  traders,  and  the  persons 

28246  legally  employed  under  them,  whilst  they  remain  within  the  limits 

28247  of  their  particular  district  of  country.     And  the  said  Ottoe  and 

28248  Missouri  tribe  further  agree,  that  if  any  foreigner  or  other  per- 

28249  son,  not  legally  authorized  by  the  United  States,  shall  come  into 

28250  their  district  of  country,  for  the  purpose  of  trade  or  other  views, 

28251  they  will  apprehend  such  person  or  persons,  and  deliver  him  or 

28252  them  to  some  United  States  superintendent,  or  agent  of  Indian 

28253  affairs,  or  to  the  commandant  of  the  nearest  military  post,  to  be 

28254  dealt  with  according  to  law.    And  they  further  agree  to  give 

28255  safe  conduct  to  all  persons  who  may  be  legally  authorized  by  the 


632 

28256  United  States  to  pass  through  their  country;  and  to  protect,  in 

28257  their  persons  and  property,  all  agents  or  other  persons  sent  by 

28258  the  United  States  to  reside  temporarily  among  them  ;  nor  will 

28259  they,  whilst  on  their  distant  excursions,  molest  or  interrupt  any 

28260  American  citizen  or  citizens  who  may  be  passing  from  the  United 

28261  States  to  New  Mexico,  or  returning  from  thence  to  the  United 

28262  States. 

28263  ARTICLE  5.  That  the  friendship  which  is  now  established 

28264  between  the  United.  States  and  the  Ottoe  and  Missouri  tribe 

28265  should  not  be  interrupted  by  the  misconduct  of  individuals,  it  is 

28266  hereby  agreed,  that  for  injuries  done  by  individuals,  no  private 

28267  revenge  or  retaliation  shall  take  place,  but  instead  thereof  com- 

28268  plaint  shall  be  made,  by  the  party  injured,  to  the  superintendent 

28269  or  agent  of  Indian  affairs,  or  other  person  appointed  by  the 

28270  President ;  and  it  shall  be  the  duty  of  said  chiefs,  upon  complaint 

28271  being  made  as  aforesaid,  to  deliver  up  the  person  or  persons 

28272  against  whom  the  complaint  is  made,  to  the  end  that  he  or  they 

28273  may  be  punished  agreeably  to  the  laws  of  the  United  States. 

28274  And,  in  like  manner,  if  any  robbery,  violence,  or  murder  shall 

28275  be  committed  on  any  Indian  or  Indians  belonging  to  said  tribe, 
2$276  tbe  person  or  persons  so  offending  shall  be  tried,  and  if  found 

28277  guilty  shall  be  punished  in  like  manner  as  if  the  injury  had  been 

28278  done  to  a  white  man.    And  it  is  agreed  that  the  chiefs  of  said 

28279  Ottoe  and  Missouri  tribe  shall,  to  the  utmost  of  their  power,  exert 

28280  themselves  to  recover  horses  or  other  property  which  may  be 

28281  stolen  or  taken  from  any  citizen  or  citizens  of  the  United  States, 

28282  by  any  individual  or  individuals  of  said  tribe  5  and  the  property 

28283  so  recovered  shall  be  forthwith  delivered  to  the  agents  or  other  per- 

28284  gou  authorized  to  receive  it,  that  it  may  be  restored  to  the  proper 

28285  owner.     And  the  United  States  hereby  guarranty  bo  any  Indian 

28286  or  Indians  of  said  tribe  a  full  indemnification  for  any  horses  or 

28287  other  property  which  may  be  stolen  from  them  by  any  of  their 

28288  citizens :  Provided,  That  the  property  stolen  cannot  be  recovered, 

28289  and  that  sufficient  proof  is  produced  that  it  was  actually  stolen 

28290  by  a  citizen  of  the  United  States.     And  the  said  Ottoe  and 

28291  Missouri  tribe  engage,  on  the  requisition  or  demand  of  the  Presi- 

28292  dent  of  the  United  States  or  of  the  agents,  to  deliver  up  any 

28293  white  man  resident  among  them. 

ARTICLE  6.  And  the  chiefs  and  warriors,  as  aforesaid,  promise 

28295  and  engage  that  their  tribe  Avill  never,  by  sale,  exchange,  or  as 

28296  presents,  supply  any  nation,  tribe,  or  band  of  Indians,  not  in 

28297  amity  with  the  United  States,  with  guns,  ammunition,  or  other 

28298  implements  of  war. 

28299  Proclaimed  February  6,  1826. 


633 

28300  Articles  of  agreement  and  convention,  made  at  the  Otoe  Village  on 

28301  the  River  Plattc,  between  Henry  L.  Ellsworth,  commissioner  in 

28302  behalf  of  the  United  States,  and  the  united  bands  of  Otoes 

28303  and  Missourias  dwelling  on  the  said  Platte,  this  21st  day  of 

28304  September,  A.  I),  1833. 

28305  ARTICLE  1.  The  said  Otoes  and  Missourias  cede  and  relin- 

28306  quish  to  the  United  States  all  their  right  and  title  to  the  lands 

28307  lying  south  of  the  following  line,  viz:  Beginning  on  the  Little 

28308  Xemohaw  Kiver,  at  the  northwest  corner  of  the  land  reserved 

28309  by  treaty  at  Prairie  dti  Chien  on  the  loth  July,  1830,  in  favor 

28310  of  certain  half-breeds  of  the  Ornahas,  loways,  Otoes,  Yancton, 

28311  and  San  tie  bands  of  Sioux,  and  running  westerly  with  said  Lit- 

28312  tie  Neinohaw,  to  the  head  branches  of  the  same;  and  thence 

28313  running  in  a  due  west  line  as  far  west  as  said  Otoes  and  Mis- 

28314  sourias  have  or  pretend  to  have  any  claim. 

28315  ARTICLE  2.  The  United  States  agree  to  continue  the  pres- 
2831G  eut  annuity  of  twenty-five   hundred  dollars,  granted  by   said 

28317  treaty  of  Prairie  du  Chien,  to  said  Otoes  and  Missourias,  ten 

28318  years  from  the  expiration  of  ths  same,  viz,  ten  years  from  15th 

28319  July,  1810. 

28320  ARTICLES.  The  United  States  agree  to  continue  for  ten 

28321  years  from  said  15th  Juty,  1810,  the  annuity  of  five  hundred 

28322  dollars,  granted  for  instruments  for  agricultural  purposes. 

28323  ARTICLE  4.  The  United  States  agree  to  allow  annually  five 

28324  hundred  dollars,  for  five  years,  for  the  purposes  of  education, 

28325  which  sum  shall  be  expended  under  the  direction  of  the  Presi- 
2832G  dent ;  and  continued  longer  if  he  deems  proper.     The  schools, 

28327  however,  shall  be  kept  within  the  limit  of  said  tribe  or  nation. 

28328  ARTICLE  5.  The  United  States  agree  to  erect  a  horse-mill 

28329  for  grinding  corn,  and  to  provide  two  farmers  to  reside  in  the 

28330  nation,  to  instruct  and  assist  said  tribe,  for  the  term  of  five 

28331  years,  and  longer  if  the  President  thinks  proper. 

28332  ARTICLE  6.  The  United  States  agree  to  deliver  to   said 

28333  Otoes  and  Missourias  one  thousand  dollars  value  in  stock,  which 

28334  shall  be  placed  in  the  care  of  the  agent,  or  farmer,  until  the 

28335  President  thinks  the  same  can  safely  be  intrusted  to  the  Indians. 
2833G  ARTICLE  7.  It  is  expressly  agreed  and  understood  that  the 

28337  stipulations  contained  in  the  third,  fourth,  fifth,  and  sixth  arti- 

28338  cles  are  not  to  be  fulfilled  by  the  United  States  until  the  Otoes 

28339  and  Missourias  shall  locate  themselves  in  such  convenient  agri- 

28340  cultural  districts  as  the  President  may  think  proper,  nor  shall 

28341  the  payments  be  continued  if  the  Otoes  and  Missourias  shall 

28342  abandon  such  location  as  the  President  shall  think  best  for  their 

28343  agricultural  interest. 

28344  ARTICLE  8.  The  Otoes  and  Missourias  declare  their  entire 

28345  willingness  to  abandon  the  chase  for  the  agricultural  life — their 

80  i  T 


634 

28346  desire  for  peace  with  all  other  tribes,  and  therefore  agree  not  to 

28347  make  war  against  any  tribe  with  whom  they  now  are,  or  shall 

28348  be,  at  peace  ;  but  should  any  difficulty  arise  between  them  and 

28349  any  other  tribe,  they  agree  to  refer  the  matter  in  dispute  to  some 

28350  arbiter  whom  the  President  shall  appoint  to  adjust  the  same. 

28351  ARTICLE  9.  The  United  States  agree  to  deliver  the  said 

28352  Otoes  and  Missourias  the  value  of  four  hundred   dollars  in 

28353  goods  and  merchandise ;    which   said  Otoes  and    Missourias 

28354  hereby  acknowledge  to  have  received. 

28355  ARTICLE  10.  This  convention,  or  agreement,  to  be  obliga- 

28356  tory  when  ratified  by  the  President  and  Senate  of  the  United 

28357  States. 

28358  Proclaimed  April  12,  1834. 


28359  Articles  of  a  convention  entered  into  and  concluded  at  Bellcvue, 

28360  Upper  Missouri,  the  fifteenth  day  of  October,  one  thousand 

28361  eight  hundred  and  thirty-six,  by  and  between  John  Dougherty, 

28362  United  States  agent  for  Indian  affairs,  and  Joshua  Pilcher, 

28363  United  States  Indian  special  agent,  being  specially  authorized 

28364  therefor  ;  and  the  chiefs,  braves,  head-men,  cfcc.,  of  the  Otoes, 

28365  Missourics,   Omahaivs,  and    Yankton  and    Santee  bands  of 

28366  Sioux,  duly  authorized  by  their  respective  tribes. 

28367  ARTICLE  1.  Whereas  it  has  been  represented  that  accord- 

28368  ing  to  the  stipulations  of  the  first  article  of  the  treaty  of  Prairie 

28369  du  Chieii  of  the  fifteenth  of  July,  eighteen  hundred  and  thirty, 

28370  (proclaimed  February  24,  1831,)  the    country  ceded  is  "  to  be 

28371  assigned  and  allotted  under  the  direction  of  the  President  of 

28372  the  United  States  to  the  tribes  now  living  thereon  or  to  such 

28373  other  tribes  as  the  President  may  locate  thereon  for  hunting  and 

28374  other  purposes  ;"  and 

28375  Whereas  it  is  further  represented  to  us  the  chiefs,  braves,  and 

28376  head-men  of  the  tribes  aforesaid,  that  it  is  desirable  that  thelands 

28377  lying  between  the  State  of  Missouri  and  the  Missouri  River,  and 

28378  south  of  a  line  running  due  west  from  the   northwest  corner  of 

28379  said  State  until  said  line  strikes  the  Missouri  Elver,  should  be 

28380  attached  to  and  become  a  part  of  said  State,  and  the  Indian 

28381  title  thereto  be  entirely  extinguished  ;  but  that  notwithstanding, 

28382  as  these  lands  compose  a  part  of  the  country  embraced  by  the 

28383  provisions  of  the  said  first  article   of  the  treaty  aforesaid,  the 

28384  stipulations  whereof  will  be  strictly  observed  until  the  assent 

28385  of  the  Indians  interested  is  given  to  the  proposed  measure  : 

28386  Now  we,  the  chiefs,  braves,  and  principal  men  of  the  Otoes, 

28387  Missouries,  Omahaws,  Yankton   and   Santee  bands   of    Sioux 

28388  aforesaid,  fully  understanding  the   subject  and   well   satisfied 

28389  from  the  local  position  of  the  lauds  in  question  that  they  never 


635 

28390  can  be  made  available  for  Indian  purposes ;  and  that  an  attempt 

28391  to  place  an  Indian  population  on  them  must  inevitably  lead  to 

28392  collisions  with  the  citizens  of  the  United  States ;  and  further 

28393  believing  that  the  extension  of  the  State  line  in  the  direction 

28394  indicated  would  have  a  happy  effect  by  presenting  a  natural 

28395  boundary  between  the  whites  and  Indians ;  and  willing  more- 
2839G  over  to  give  the  United  States  a  renewed  evidence  of  our  at- 

28397  tachmeut  and  friendship,  do  hereby  for  ourselves  and  on  behalf 

28398  of  our  respective  tribes,  (having  full  power  and  authority  to  this 

28399  effect,)  forever  cede,  relinquish,  and  quit-claim  to  the  United 

28400  States  all  our  right,  title,  and  interest,  of  whatsoever  nature,  in 

28401  and  to  the  lands  lying  between  the  State  of  Missouri  and  the 

28402  Missouri  Eiver,  and  south  of  a  line  running  due  west  from  the 

28403  northwest  corner  of  the  State  to  the  Missouri  Eiver,  as  herein- 

28404  before  mentioned,  and  freely  and  fully  exonerate  the  United 

28405  States  from  any  guarantee,  condition,  or  limitation  expressed  or 

28406  implied  under  the  treaty  of  Prairie  de  Chien  aforesaid,  or  other- 

28407  wise,  as  to  the  entire  and  absolute  disposition  of  said  lands, 

28408  fully  authorizing  the  United  States  to  do  with  the  same  what- 

28409  ever  shall  seem  expedient  or  necessary. 

28410  ARTICLE  2.  As  a  proof  of  the  continued  friendship  and 

28411  liberality  of  the  United  States  towards  the  said  Otoes,  Missouries, 

28412  Oinahaws,  and  Yankton  and  Santee  bauds  of  Sioux,  and  as  an 

28413  evidence  of  the  sence  entertained  for  the  good-will  manifested 

28414  by  the  said  tribes  to  the  citizens  and  Government  of  the  United 

28415  States,  as  evinced  in  the  preceding  cession  and  relinquishment; 

28416  and  as  some  compensation  for  the  great  sacrifice  made  by  the 

28417  several  deputations  at  this  particular  season,  by  abandoning 

28418  their  fall  hunts  and  traveling  several  hundred  miles  to  attend 

28419  this  convention,  the  undersigned,  John  Dougherty  and  Joshua 

28420  Pilcher,  agrees,  on  behalf  of  the  United  States,  to  pay  as  a  pres- 

28421  cut  to  the  tribes  hereinbefore  named  the  sum  of  four  thousand 

28422  five  hundred  and  twenty  dollars  in  merchandize,  the  receipt  of 

28423  which  they  hereby  acknowledge,  having  been  distributed  among 

28424  them  in  the  proportions  following :  To  the  Otoes,  twelve  hundred 

28425  and  fifty  dollars 5  to  the  Missouries,  one  thousand  dollars;  to  the 

28426  Oinahaws,  twelve  hundred  and  seventy  dollars;  to  the  Yankton 

28427  and  Sautee  bands  of  Sioux,  one  thousand  dollars. 

28428  ARTICLE  3.  In  consequence  of  the  removal  of  the  Otoes 

28429  and  Missouries  from  their  former  situation  on  the  river  Platte 

28430  to  the  place  selected  for  them,  and  of  their  having  to  build  new 
2S431  habitations  last  spring  at  the  time  which  should  have  been 

28432  occupied  in  attending  to  their  crops,  it  appears  that  they  have 

28433  failed  to  such  a  degree  as  to  make  it  certain  that  they  will  lack 

28434  the  means  of  subsisting  next  spring,  when  it  will  be  necessary 

28435  for  them  to  commence  cultivating  the  lands  now  preparing  for 


636 

28436  their  use.    It  is  therefore  agreed  that  the  said  Otoes  and  Mis- 

28437  souries  (in  addition  to  the  presents  hereinbefore  mentioned)  shall 

28438  be  furnished,  at  the  expence  of  the  United  States,  with  five 

28439  hundred  bushels  of  corn,  to  be  delivered  at  their  village  in  the 

28440  month  of  April  next.     And  the  same  causes  operating  upon  the 

28441  Omahaws,  they  having  also  abandoned  their  former  situation, 

28442  and  established  at  the  place  recommended  to  them  on  the  Mis- 

28443  souri  Eiver,  and  finding  it  difficult  without  the  aid  of  ploughs 

28444  to  cultivate  land  near  there  village,  where  they  would  be  secure 

28445  from  their  enemies,  it  is  agreed,  as  a  farther  proof  of  the  liber- 

28446  ality  of  the  Government  and  its  disposition  to  advance  such 

28447  tribes  in  the  cultivation  of  the  soil  as  may  manifest  a  disposition 

28448  to  rely  on  it  for  the  future  means  of  subsistence,  that  they  shall 

28449  have  one  hundred  acres  of  ground  broke  up  and  put  under  a 

28450  fence  near  their  village,  so  soon  as  it  can  be  done  after  the  rati- 

28451  fication  of  this  convention. 

28452  ARTICLE  4.  The  undersigned  chiefs,  braves,  and  head-men  of 

28453  the  tribes  hereinbefore  named,  feeling  sensible  of  the  many  acts 

28454  of  kindness  and  liberality  manifested  towards  them  and  their  re- 

28455  spective  tribes  by  their  good  friends,  Joseph  Eoubadoux,  sen.,  and 

28456  Lucien  Fontenelle,  during  an  intercourse  of  m any  years ;  aware  of 

28457  the  heavy  losses  sustained  by  them  at  different  times  by  their  lib- 

28458  erality  in  extending  large  credits  to  them  and  their  people,  which 

28459  have  never  been  paid,  and  which  (owing  to  the  impoverished 

28460  situation  of  their  country  and  their  scanty  means  of  living)  never 

28461  can  be,  are  anxious  to  evince  some  evidence  of  gratitude  for 

28462  such  benefits  and  favours,  and  compensate  the  said  individuals 

28463  in  some  measure  for  their  losses.     To  this  end,  at  the  earnest 

28464  solicitation  of  said  tribes,  it  is  agreed  that  the  said  Joseph 

28465  Eoubadoux,  sen.,  shall  have  the  privilege   of  selecting   three 

28466  sections  of  laud,  anywhere  within  the  ceded  territory,  so  soon 

28467  as  the  same  shall  be  surveyed,  and  the  said  Lucien  Fontenelle 

28468  shall  be  permitted  to  select  two  sections  in  like  manner,  which 
284G9  shall  be  conveyed  to  them  by  the  United  States  without  cost 

28470  whenever  the  land  so  selected  shall  be  reported  by  them,  their 

28471  agents,  or  legal  representatives  to  the  register  and  receiver  of 

28472  the  land-office  of  the  district  in  which  they  lie.     It  is,  however, 

28473  distinctly  understood  that  if  the  President  and  Senate  of  the 

28474  United  States  should  refuse  to  ratify  this  and  the  last  preceding 

28475  article,  or  either  of  them,  or  any  part  thereof,  that  such  refusal 

28476  shall  in  no  way  affect  the  relinquishnient  and  cession  made  by 

28477  the  tribes  parties  hereto  in  the  first  article  of  this  convention. 
5478  ARTICLE  5.   This  convention  shall  be  obligatory  on   the 
*479  tribes  parties  hereto  from  and  after  the  date  hereof,  and  on  the 

28480  United  States  from  and  after  its  ratification  by  the  Government 

28481  thereof. 

28482  Proclaimed  February  15,  1827. 


637 

28483  FRANKLIN  PIERCE,  President  of  the  United  States  of  America , 

28484  to   all  and  singular  to  whom  these  presents  shall  come, 

28485  greeting: 

28486  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

28487  Washington  on  the  fifteenth  day  of  March,  one  thousand  eight 

28488  hundred  and  fifty-four,  by  George  W.  Manypenny,  Commissioner 

28489  of  Indian  Affairs,  acting  as  commissioner  on  the  part  of  the 

28490  United  States,  and  the  confederate  tribes  of  the  Ottoe  and  Mis- 

28491  souria  Indians,  which  treaty  is  in  the  words  following,  to  wit : 

28492  Articles  of  agreement  and  convention  made  and  concluded  at 

28493  the  city  of  Washington,  this  fifteenth  day  of  March,  one 
28494*  thousand  eight  hundred  and  fifty- four,  by  George  W.  Many. 
28495  penny,  as  commissioner  on  the  part  of  the  United  States, 
2849G  and  the  following-named  chiefs  of  the  confederate  tribes  of 

28497  the  Ottoe  and  Missouria  Indians,  viz  :  Ar-ke-kee-tah,  or  Stay 

28498  by  It;  Heh-cah-po,  or  Kickapoo;  Shaw-ka-haw-wa,  or  Medi- 

28499  cine  Horse  ;  Mi-ar-ke-tah-hun-she,  or  Big  Soldier;  Cha-won- 

28500  a-ke,  or  Buffalo  Chief;  Ah-hah-che-ke-saw-ke,  or  Missouria 

28501  Chief;    and  Maw-thra-ti-ne,  or  White  Water;  they  being 

28502  thereto  duly  authorized  by  said  confederate  tribes. 

28503  ARTICLE  1.  The  confederate  tribes  of  Ottoe  and  Missouria 

28504  Indians  cede  to  the  United  States  all  their  country  west  of  the 

28505  Missouri  River,  excepting  a  strip  of  land  on  the  waters  of  the 

28506  Big  Blue  Eiver,  ten   miles  in  width  and  bounded  as  follows: 

28507  Commencing  at  a  point  in  the  middle  of  the  main  branch  of  the 

28508  Big  Blue  River,  in  a  west  or  southwest  direction  from  Old  Fort 

28509  Kearney,  at  a  place  called  by  the  Indians  the  "Islands;'7  thence 

28510  west  to  the  western  boundary  of  the  country  hereby  ceded ; 

28511  thence  in  a  northerly  course  with  said  western  boundary,  ten 

28512  miles;  thence  east  to  a  point  due  north  of  the  starting  point 

28513  and  ten  miles  therefrom ;  thence  to  the  place  of  beginning ; 

28514  Provided,  That  in  case  the  said  initial  point  is  not  within  the 

28515  limits  of  the  country  hereby  ceded,  or  that  the  western  boundary 

28516  of  said  country  is  not  distant  twenty-five  miles  or  more  from  the 

28517  initial  point,  in  either  case,  there  shall  be  assigned  by  the  United 

28518  States  to  said  Indians,  for  their  future  home,  a  tract  of  land  not 

28519  less  than  ten  miles  wide  by  twenty-five  miles  long,  the  southeast 

28520  corner  of  which  tract  shall  be  the  initial  point  above  named. 

28521  And  such  portion  of  such  tract,  if  any,  as  shall  prove  to  be  out- 

28522  side  of  the  ceded  country,  shall  be  and  the  same  is  hereby  granted 

28523  and  ceded  to  the  confederate  tribes  of  Ottoe  and  Missouria 

28524  Indians  by  the  United  States,  who  will  have  said  tract  properly 

28525  set  off  by  durable  monuments  as  soon  after  the  ratification  of 

28526  this  instrument  as  the  same  can  conveniently  be  done. 

28527  K.  B.  The  limits  of  the  above  reservation  are  changed  by 

28528  the  treaty  of    December   9,  1854,  proclaimed  April    19,  1855. 

28529  Seepage   641. 


638 

28530  ARTICLE  2.  The  said  confederate  tribes  agree  that  as  soon 

28531  after  the  United  States  shall  make  the  necessary  provision  for 

28532  fulfilling  the  stipulations  of  this  instrument,  as  they  can  conve 

28533  niently  arrange  their  affairs,  and  not  to  exceed  one  year  after 

28534  such  provision  is  made,  they  will  vacate  the  ceded  country  and 

28535  remove  to  the  lauds  herein  reserved  for  them. 

28536  ARTICLE  3.  The  said  confederate  tribes  relinquish  to  the 

28537  United  States  all  claims  for  money  or  other  thing  under  former 

28538  treaties,  and  all  claim  which  they  may  have  heretofore  at  any 

28539  time  set  up  to  any  land  on  the  east  side  of  the  Missouri  Eiver  : 

28540  Provided,  That  said  confederate  tribes  shall  receive  the  unex- 

28541  pended  balances  of  former  appropriations  now  in  the  United 

28542  States  Treasury,  of  which  four  thousand  dollars  shall  at  once 

28543  be  applied  for  the  purchase  of  provisions  and  to  farming  purposes. 

28544  ARTICLE  4.  In  consideration  of  and  payment  for  the  country 

28545  herein  ceded,  and  the  relinquishments  herein  made,  the  United 
2854G  States  agree  to  pay  to  the  said  confederate  tribes  of  Obtoe  and 

28547  Missouria  Indians  the  several  sums  of  money  following,  to  wit: 

28548  1st.  Twenty  thousand  dollars  per  annum  for  the  term  of 

28549  three  years,  commencing  on  the  first  day  of  January,  one  tliou- 

28550  sand  eight  hundred  and  fifty-nine. 

28551  2d.  Thirteen  thousand  dollars  per  annum   for  the  term  of 

28552  ten  years  next  succeeding  the  three  years. 

28553  3d.  Nine  thousand  dollars  per  annum  for  the  term  of  fifteen 

28554  years  next  succeeding  the  ten  years. 

28555  4th.  Five  thousand  dollars  per  annum  for  the  term  of  twelve 

28556  years  next  succeeding  the  fifteen  years. 

28557  All  which  several  sums  of  money  shall  be  paid  to  the  said 

28558  confederate  tribes,  or  expended  for  their  use  and  benefit,  under 

28559  the  direction  of  the  President  of  the  United  States,  who  may, 

28560  from  time  to  time,  determine,  at  his  discretion,  what  proportion 

28561  of  the  annual  payments  in  this  article  provided  for,  if  any,  shall 

28562  be  paid  to  them  in  money,  and  what  proportion  shall  be  applied 

28563  to  and  expended  for  their  moral  improvement  and  education  ; 

28564  for  such  beneficial  objects  as  in  his  judgment  will  be  calculated 

28565  to  advance  them  in  civilization ;  for  buildings,  opening  farms, 

28566  fencing,  breaking  land,  providing  stock,  agricultural  implements, 

28567  seeds,  &c.;  for  clothing,  provisions,  and  merchandise;  for  iron, 

28568  steel,  arms,  and  ammunition;  for  mechanics  and  tools,  and  for 

28569  medical  purposes. 

28570  ARTICLE  5.  In  order  to  enable  the  said  confederate  tribes  to 

28571  settle  their  affairs,  and  to  remove  and  subsist  themselves  foi 

28572  one  year  at  their  new  home,  (and  which  they  agree  to  do  with- 

28573  out  further  expense  to  the  United  States,)  and  to  break  up  and 

28574  fence  one  hundred  and  fifty  acres  of  land  at  their  new  home,  they 

28575  shall  receive  from  the  United  States  the  further  sum  of  twenty 


639 

28576  thousand  dollars,  to  be  paid  out  and  expended  under  the  direc- 

28577  tion  of  the  President,  and  in  such  manner  as  he  shall  approve. 

28578  ARTICLE  6.  The  President  may,  from  time  to  time,  at  his 
28570  discretion,  cause  the  whole  of  the  land  herein  reserved  or  appro- 

28580  priated  west  of  the  Big  Blue  Eiver  to  be  surveyed  off  into  lots, 

28581  and  assign  to  such  Indian  or  Indians  of  said  confederate  tribes 

28582  as  are  willing  to  avail  of  the  privilege,  and  who  will  locate  on 

28583  the  same  as  a  permanent  home,  if  a  single  person  over  twenty  - 

28584  one  years  of  age,  one-eighth  of  a  section;  to  each  family  of  two, 

28585  one  quarter  section  ;  to  each  family  of  three  and  not  exceeding 

28586  five,  one  half  section  ;  to  each  family  of  six  and  not  exceeding 

28587  ten,  one  section  ;  and  to  each  family  exceeding  ten  in  number, 

28588  one  quarter  section  for  every  additional  five  members.     And  he 

28589  may  prescribe  such  rules  and  regulations  as  will  secure  to  the 

28590  family,  in  case  of  the  death  of  the  head  thereof,  the  possession 

28591  and  enjoyment  of  such  permanent  home  and  the  improvements 

28592  thereon.     And  the  President  may,  at  any  time  in  his  discretion, 

28593  after  such  person  or  family  has  made  a  location  on  the  land 

28594  assigned  for  a  permanent  home,  issue  a  patent  to  such  person  or 

28595  family  for  such  assigned  land,  conditioned  that  the  tract  sball 

28596  not  be  aliened  or  leased  for  a  longer  term  than  two  years,  and 

28597  shall  be  exempt  from  levy,  sale,  or  forfeiture,  which  conditions 

28598  shall  continue  in  force  until  a  State  constitution  embracing  such 

28599  land  within  its  boundaries  shall  have  been  formed,  and  the  legis- 
28600.  lature  of  the  State  shall  remove  the  restrictions.     And  if  any 

28601  such  person  or  family  shall  at  any  time  neglect  or  refuse  to 

28602  occupy  and  till  a  portion  of  the  land  assigned,  and  on  which 

28603  they  have  located,  or  shall  rove  from  place  to  place,  the  Presi- 

28604  dent  may,  if  the  patent  shall  have  been  issued,  revoke  the  same, 

28605  or,  if  not  issued,  cancel  the  assignment,  and  may  also  withhold 

28606  from  such  person  or  family  their  proportion  of  the  annuities  or 

28607  other  moneys  due  them  until  they  shall  have  returned  to  such 

28608  permanent  home  and  resumed  the  pursuits  of  industry;  and  in 

28609  default  of  their  return,  the  tract  may  be  declared  abandoned, 

28610  and  thereafter  assigned  to  some  other  person  or  family  of  such 

28611  confederate  tribes,  or  disposed  of  as  is  provided  for  the  disposal 

28612  of  the  excess  of  said  land.    And  the  residue  of  the  land  hereby 

28613  reserved,  after  all  the  Indian  persons  or  families  of  such  confed- 

28614  erate  tribes  shall  have  had  assigned  to  them  permanent  homes, 

28615  may  be  sold  for  their  benefit,  under  such  laws,  rules,  or  regula- 

28616  tions  as  may  hereafter  be  prescribed  by  the  Congress  or  Presi- 

28617  dent  of  the  United  States.    No  State  legislature  shall  remove 

28618  the  restriction  herein  provided  for  without  the  consent  of  Con- 

28619  gress. 

28620  ARTICLE  7.  The  United  States  will  erect  for  said  confeder- 

28621  ate  tribes  at  their  new  home  a  grist  and  saw  mill,  and  keep  the 


640 

28622  same  in  repair,  and  provide  a  miller  for  the  term  of  ten  years  ; 

28623  also  erect  a  good  blacksmith  shop,  supply  the  same  with  tools, 

28624  and  keep  it  in  repair  for  the  term  of  ten  years,  and' provide  a 

28625  good  blacksmith  for  a  like  period,  and  employ  an  experienced 

28626  farmer  for  ten  years  to  instruct  the  Indians  in  agriculture. 

28627  ARTICLE  8.  The  annuities  of  the  Indians  shall  not  be  taken 

28628  to  pay  the  debts  of  individuals. 

28629  ARTICLE  9.  The  said  confederate  tribes  acknowledge  their 

28630  dependence  on  the  Government  of  the  United  States,  and  prom- 

28631  ise  to  be  friendly  with  all  the  citizens  thereof,  and  pledge  them- 

28632  selves  to  commit  no  depredations  on  the  property  of  such  citi- 

28633  zens.    And  should  any  one  or  more  of  the  Indians  violate  this 

28634  pledge,  and  the  fact  be  satisfactorily  proven  before  the  agent, 

28635  the  property  taken  shall  be  returned,  or  in  default  thereof,  or  if 

28636  injured  or  destroyed,  compensation  may  be  made  by  the  Govern- 

28637  merit  out  of  their  annuities.    Nor  will  they  make  war  on  any 

28638  other  tribe  except  in  self-defence,  but  will  submit  all  matters  of 

28639  difference  between  them  and  other  Indians  to  the  Government 

28640  of  the  United  States,  or  its  agent,  for  decision,  and  abide  there- 

28641  by.     And  if  any  of  the  said  Indians  commit  any  depredations 

28642  on  any  other  Indians,  the  same  rule  shall  prevail  as  that  pre- 
28643  scribed  in  this  article  in  cases  of  depredations  against  citizens. 

28644  ARTICLE  10.  The  Ottoes  and  Missourias  are  desirous  to  ex- 

28645  elude  from  their  country  the  use  of  ardent  spirits  and  to  pre- 

28646  vent  their  people  from  drinking  the  same;  and  therefore  it  is 

28647  provided  that  any  one  of  them  who  is  guilty  of  bringing  liquor 

28648  into  their  country,  or  who  drinks  liquor,  may  have  his  or  her 

28649  proportion  of  the  annuities  withheld  from  him  or  her  for  such 

28650  time  as  the  President  may  determine. 

28651  ARTICLE  11.  The  said  confederate  tribes  agree  that  all  the 

28652  necessary  roads,  and  highways,  and  railroads,  which  may  be 

28653  constructed  as  the  country  improves,  and  the  lines  of  which  mav 

28654  run  through  their  land  west  of  the  Big  Blue  River,  shall  have  a 

28655  right  of  way  through  the  reservation,  a  just  compensation  being 

28656  made  therefor  in  money. 

28657  ARTICLE  12.  The  United  States  will  pay  to  Lewis  Barnard 

28658  the  sum  of  three  hundred  dollars,  he  having  been  in  the  service 

28659  of  the  said  tribes  and  they  being  unable  to  pay  him. 

28660  ARTICLE  13.  This  treaty  shall  be  obligatory  on  the  cou- 

28661  tracting  parties  as  soon  as  the  same  shall  be  ratified  by  the 

28662  President  and  Senate  of  the  United  States. 

28663  Proclaimed  June  21,  1854. 

28664  FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 

28665  to  all  and  singular   to  whom  these  presents  shall  come, 

28666  greeting : 

28667  Whereas  a  treaty  was  made  and  concluded  at  Nebraska 


041 

28668  City,  in  the  Territory  of  Nebraska,  on  tbe  ninth  day  of  Decem- 

28669  ber,  one  thousand  eight  hundred  and  fifty-four,  between  the 

28670  United  States  of  America  and  the  chiefs  and  head-men  of  the 

28671  confederate  tribes  of  the  Ottoe  and  Missouria  Indians,  which 

28672  treaty  is  in  the  words  following,  to  wit: 

28673  Article  of  agreement  and  convention  made  and  concluded  at 

28674  Nebraska  City,  in  the  Territory  of  Nebraska,  on  the  ninth 

28675  day  of  December,  one  thousand  eight  hundred  and  fifty-four, 

28676  between  the  United  States  of  America,  by  George  Hepner, 

28677  United  States  Indian  agent,  duly  authorized  thereto,  and 

28678  the  chiefs  and  head-men  of  the  confederate  tribes  of  the 

28679  Ottoe  and  Missouria  Indians,  to  be  taken  and  considered  as 

28680  a  supplement  to  the  treaty  made  between  the  United  States 

28681  and  said  confederate  tribes,  on  the  fifteenth  day  of  March, 

28682  ore  thousand  eight  hundred  and  fifty-four. 

28683  Whereas,  by   the  first  article  of  the  treaty  in  the  caption 

28684  mentioned  it  is  stipulated  that  the  confederate  tribes  of  Ottoe 

28685  and   Missouria  Indians  cede  to  the  United  States  all  of  their 

28686  country  west  of  the  Missouri  Kiver,  excepting  a  strip  of  land  on 

28687  the   waters  of  the  Big  Blue  River,  ten  miles  in   width,  and 

28688  bounded  as  follows  :  Commencing  at  a  point  in  the  middle  of 

28689  the  main  branch  of  the  Big  Blue  River,  in  a  west  or  southwest 

28690  direction  from  old  Fort  Kearney,  at  a  place  called  by  the  Indians, 

28691  the  "  Islands  ; "  thence  west  to  the  western  boundary  of  the 

28692  country  hereby  ceded ;  thence  in  a  northerly  course  with  said 

28693  western  boundary  ten  miles  ;  thence  east  to  a  point  due  north 

28694  of  the  starting  point  and  ten  miles  therefrom ;  thence  to  the 

28695  place  of  beginning. 

28696  And  whereas,  upon  exploration  of  said  reservation  by  the 

28697  said  confederate  tribes,  it  was  found  that  they  had  been  inis- 

28698  taken  as  to  the  location  thereof,  much  the  larger  portion,  or 

28699  nearly  the  entirety  of  it,  being  to  the  west  of  the  Big  Blue 

28700  River,  and   without  sufficiency  of  timber,  and  they  being  dis- 

28701  satsified  therewith,  and  the  United  States  being  desirous  of  re- 

28702  moving  all  cause  of  complaint,  this  article  is  entered  into. 

28703  ARTICLE.  It  is  agreed  and  stipulated  between  the  United 

28704  States  and  the  said  confederate  tribes  of  Ottoe  and  Missouria 

28705  Indians,  that  the  initial  point  of  their  reservation,  in  lieu  of  that 

28706  stated  in  the  treaty  in  the  caption  hereof  mentioned,  shall  be  a 

28707  point  five  miles  due  east  thereof,  thence  west  twenty-five  miles  ; 

28708  thence  north  ten  miles  ;  thence  east  to  a  point  due  north  of  the 

28709  starting  point  and  ten  miles  therefrom ;   thence  to  the  place 

28710  of  beginning ;    and   the  country  embraced  within  said  bound- 

287 11  aries  shall  be  taken  and  considered  as  the  reservation  and  home 

28712  of  said  confederate  tribes,  in  lieu  of  that  provided  for  them  and 

28713  described  in  the  first  article  of  said  treaty. 

28714  Proclaimed  April  19,  1855. 

81  i  T 


642 

28715  PAWNEES. 

28716  Treaty  with  the  Pawnee  tribe. 

28717  For  the  purpose  of  perpetuating*  the  friendship  which  has 

28718  heretofore  existed,  as  also  to  remove  all  future  cause  of  discus- 

28719  sum  or  dissension,  as  it  respects  trade  and  friendship  between 

28720  the  United  States  and  their  citizens,  and  the  Pawnee  tribe  of 

28721  Indians,  the  President  of  the   United  States  of  America,   by 

28722  Brigadier  General  Henry  Atkinson,  of  the  United  States  Army, 

28723  and  Major  Benjamin  O'Fallon,  Indian  agent,  with  full  powers 

28724  and  authority,  specially  appointed  and  commissioned  for  that 

28725  purpose,  of  the  one  part,  and  the  undersigned  chiefs,  head-men, 

28726  and  warriors  of  said  Pawnee  tribe  of  Indians,  on  behalf  of  their 

28727  tribe  of  the  other  part,  have  made  and  entered  into  the  follow- 

28728  ing  articles  and  conditions,  which,  when  ratified  by  the  Presi- 

28729  dent  of  the  United  States,  by  and  with  the  advice  and  consent 

28730  of  the  Senate,  shall  be  binding  on  both  parties,  to  wit : 

28731  ARTICLE  1.  It  is  admitted  by  the  Pawnee  tribe  of  Indians, 

28732  that  they  reside   within   the  territorial   limits  of   the  United 

28733  States,  acknowledge  their  supremacy,  and   claim  their  protec- 

28734  tion.     The  said*  tribe  also  admit  the  right  of  the  United  States 

28735  to  regulate  all  trade  and  intercourse  with  them. 

28730  ARTICLE  2.  Tbe  United  States  agree  to  receive  the  Pawnee 

28737  tribe  ot' Indians  into  their  friendship  and  under  their  protec- 

28738  tion,  and  to  extend  to  them,  from  time  to  time,  such  benefits  and 
2S739  acts  of  kindness  as  maybe  convenient  and  seem  just  and  proper 

28740  to  the  President  of  the  United  States. 

28741  ARTICLE  3.  All  trade  and  intercourse  with  the  Pawnee 

28742  tribe  shall  be  transacted  at  such  place  or  places  as  may  be  desig- 

28743  Dated  and  pointed  out  by  the  President  of  the  United  States 

28744  through  his  agents  ;  and  none  but  American  citazens,  duly  au- 

28745  thorized  by  the  United  States,  shall  be  admitted  to  trade  or  hold 

28746  intercourse  with  said  tribe  of  Indians. 

28747  ARTICLE  4.  That  the  Pawnee  tribe  may  be  accommodated 

28748  with  such  articles  of  merchandize,  &c.,  as  their  uecessaties  may 

28749  demand,  the  United  States  agree  to  admit  and  licence  traders 

28750  to  hold  intercourse  with  said  tribe,  under  mild  and  equitable 

28751  regulations,  in   consideration  of  which,  the  said  Pawnee  tribe 

28752  bind  themselves  to  extend  protection  to  the  persons  and  prop- 

28753  erty  of  the  traders,  and   the  persons  legally  employed   under 

28754  them,  whilst  they  remain   within  the  limits  of  their  particular 

28755  district  of  country.     And  the  said  Pawnee  tribe  further   agree 

28756  that  if  any  foreigner  or  other  person  not  legally  authorized  by 

28757  the  United  States  shall  come   into  their  district  of  country,  for 


643 

28758  the  purposes  of  trade  or  other  views,  they  will  apprehend  such 

28759  person  or   persons,    and  deliver  hi  H  or  them  to  some  United 

28760  States  superintendent    or   agent    of  Indian  Affairs,  or  to  the 
2876L  commandant  of  the  nearest  military  post,  to  be  dealt  with  ac- 

28762  cording  to  law.     And  they  further  agree  to  give  safe  conduct  to 

28763  all  persons  who  may  be  legally  authorized  by  the  United  States 

28764  to  pass  through  their  country,  and  to  protect  in  their  persons 

28765  and  property  all  agents  or   other  persons  sent  by  the  United 

28766  States  to  reside  temporarily  among  them  ;  nor  will  they,  whilst 

28767  on  their  distant  excursions,  molest  or  interrupt  any  American 

28768  citizen  or  citizens   who  may  be  passing  from  the  United  States 

28769  to  New  Mexico,  or  returning  from  thence  to  the  United  States. 

28770  ARTICLE  5.  That  the  friendship  which  is  now  established 

28771  between   the  United  States  and  the  Pawnee  tribe  shall  not  be 

28772  interrupted  by  the  misconduct  of  individuals,  it  is  hereby  agreed 

28773  that  for  injuries  done  by  individuals,  no  private  revenge  or  re- 

28774  taliation  shall  take  place,  but  instead  thereof  complaints  shall 

28775  be  made  by  the  party  injured  to  the  superintendent  or  agent  of 

28776  Indian  affairs,  ur  other  person  appointed  by  the  President;  and 

28777  it  shall  be  the  duty  of  said  chiefs,  upon  complaint  being  made 

28778  as  aforesaid,  to  deliver  up  the  person  or  persons  against  whom 

28779  the  complaint  is  made,  to  the  end  that  he  or  they  may  be  pun- 

28780  ished  agreeably  to  the  laws  of  the  United  States.     And,  in  like 

28781  manner,  if  any  robbery,  violence,  or  murder  shall  be  committed 

28782  on  any  Indian  or  Indians  belonging  to  said  tribe,  the  person  or 

28783  persons  so  offending  shall  be  tried,  and,  if  found  guilty,  shall  be 

28784  punished  in  like  manner  as  if  the  injury  had  been  done  to  a  white 

28785  man.    And  it  is  agreed  that  the  chiefs  of  said  Pawnee  tribe  shall, 

28786  to  the  utmost  of  their  power,  exert  themselves  to  recover  horses 

28787  or  other  property  which  may  be  stolen  or  taken  from  any  citizen 

28788  or  citizens   of  the  United  States  by  any  individual  or  individ- 

28789  uals  of  said  tribe  ;  and  the  property  so  recovered  shall  be  foith- 

28790  with  delivered  to  the  agents  or  other  person  authorized  to  re- 

28791  ceive  it,  that  it  may  be  restored  to  the  proper  owner.     And  the 

28792  United  States  hereby  guarrauty  to  any  Indian  or  Indians  of  said 

28793  tribe  a  full  indemnification  for  any  horses  or  other  property 

28794  which  may  be  stolen  from  them  by  any  of  their  citizens  :  Pro- 

28795  vided.  That   the   property  stolen  cannot  be  recovered,  and  that 

28796  sufficient  proof  is  produced  that  it  was  actually  stolen  by  a  citi- 

28797  zen  of  the  United  States.     And  the  said  Pawnee  tribe  engage, 

28798  on  the  requisition  or   demand  of  the  President  of  the  United 

28799  States,  or  of  the  agents,  to  deliver  up  any  white  man  resident 

28800  among  them. 

28801  ARTICLE  6.  And  the  chiefs  and  warriors  as  aforesaid  proin- 

28802  ise  and  engage  that  their  tribe  will  never,  by  sale,  exchange,  or 
^28803  as  presents,  supply  any  nation,  tribe,  or  baud  of  Indians  not  in 


644 

28804  amity  with  the  United  States,  with  gnus,  ammunition,  or  other 

28805  implements  of  war. 

28806  Proclaimed  February  6,  1826. 

28807  PAWNEES  GRAND. 

28808  A  treaty  of  peace  and   friendship  made  and  concluded  by  and 

28809  between  William  Clark  and  Augusts  Chouteau,  commissioners 

28810  of  the  United  States  of  America,  on  the  part  and  behalf  of  the 

28811  said  States,  of  the  one  part,  and  the  undersigned  chiefs  and 

28812  warriors  of  the  Grand  Pawnee  tribe,  on  the  part  and  behalf  of 

28813  their  said  tribe,  of  the  other  part. 

28814  The  parties,  being  desirous  of  establishing  peace  and  friend- 

288 15  ship  between  the  United  States  and  the  said  tribe,  have  agreed 

28816  to  the  following  articles : 

28817  ARTICLE  1.   Every  injury  or  act   of  hostility  by   one  or 

28818  either  of  the  contracting  parties  against  the  other  shall  be  inu- 

28819  tually  forgiven  and  forgot. 

28820  ARTICLE  2.  There  shall  be  perpetual  peace  and  friendship 

28821  between  all  the  citizens  of  the  United  States  of  America  and 

28822  all  the  individuals  composing  the  said  Grand  Pawnee  tribe. 

28823  ARTICLE  3.  The  undersigned  chiefs  and  warriors,  for  them- 

28824  selves  and  their  said  tribe,  do  hereby  acknowledge  themselves 

28825  to  be  under  the  protection  of  the  United  States  of  America,  and 

28826  of  no  other  nation,  power,  or  sovereign  whatsoever. 

28827  ARTICLE  4.  The  undersigned  chiefs  and  Avarriors,  for  them- 

28828  selves  and  the  tribe  they  represent,  do  moreover  promise  and 

28829  oblidge  themselves  to  deliver  up,  or  cause  to  be  delivered  up,  to 

28830  the  authority  of  the  United  States,  (to  be  punished  according  to 

28831  law,)  each  and  every  individual  of  the  said  tribe  who  shall,  at 

28832  any  time  hereafter,  violate  the  stipulations  of  the  treaty  this  day 

28833  .concluded  between  the  said  tribe  and  the  said  United  States. 

28834  Proclaimed  January  7,  1819. 

28835  PAWNEE  MARHAR. 

28836  A  treaty  of  peace  and  friendship  made  and  concluded  by  and  between 

28837  William  Clark  and  Auguste  Chouteau,  commissioners  of  the 

28838  United  States  of  America,  on  the  part  and  behalf  of  the  said 

28839  States,  of  the  one  part,  and  the  undersigned  chiefs  and  war- 

28840  riors  of  the  Pawnee  Marhar  tribe,  on  the  part  and  behalf  of 

28841  their  said  tribe,  of  the  other  part. 

28842  The  parties,  being  desirous  of  establishing  peace  and  friend- 

28843  ship  between  the  United  States  and  the  said  tribe,  have  agreed 

28844  to  the  following  articles  : 


646 

28845  ARTICLE  1.  Every  injury  or  act  of  hostility  by  one  or  either 

2884G  of  the  contracting  parties  against  the  other  shall  be  mutually 

28847  forgiven  and  forgot. 

28848  ARTICLE  2.  There  shall  be  perpetual  peace  and  friendship 

28849  between  all  the  citizens  of  the  United  States  of  America  and 

28850  all  the  individuals  composing  the  said  Pawnee  tribe. 

28851  ARTICLE  3.  The  undersigned  chiefs  and  warriors,  for  thein- 

28852  selves  and  their  said  tribe,  do  hereby  acknowledge  themselves  to 

28853  be  under  the  protection  of  the  United  States  of  America,  and  of 

28854  no  other  nation,  power,  or  sovereign  whatsoever. 

28855  ARTICLE  4.  The  undersigned  chiefs  and  warriors,  for  them- 

28856  selves  and  the  tribe  they  represent,  do  ihoreover  promise  and 

28857  oblidge  themselves  to  deliver  up,  or  to  cause  to  be  delivered  up, 

28858  to  the  authority  of  the  United  States,  (to  be  punished  according 

28859  to  law,)  each  and  every  individual  of  the  said  tribe  who  shall, 
288GO  at  any  time  hereafter,  violate  the  stipulations  of  the  treaty  this 

28861  day  concluded  between  the  said  Pawnee  Marbar  tribe  and  the 

28862  said  States. 

28863  Proclaimed  January  5,  1812. 


28864  PAWNEES— PITA  VIRATE  NOISY  TRIBE. 

28865  A  treaty  of  peace  and  friendship  made  and  concluded  by  and  between 

28866  William  Clark  and  Auguste  Chouteau,  commissioners  of  the 

28867  United  /States  of  America,  on  the  part  and  behalf  of  the  said 

28868  States,  of  the  one  part,  and  the  undersigned  chiefs  and  warriors 

28869  of  the  Pitavirate  Noisy  Pawnee  tribe,  on  the  part  and  behalf  of 

28870  their  said  tribe,  of  the  other  part. 

28871  The  parties,  being  desirous  of  establishing  peace  and  friend- 

28872  ship  between  the  United  States  and  the  said  tribe,  have  agreed 

28873  to  the  following  articles : 

28874  ARTICLE  1.  Every  injury  or  act  of  hostility  by  one  or  either 

28875  of  the  contracting  parties  against  the  other  shall  be  mutually 

28876  forgiven  and  forgot. 

28877  ARTICLE  2.  There  shall  be  perpetual  peace  and  friendship 

28878  between  all  the  citizens  of  the  United  States  of  America  and  all 

28879  the  individuals  composing  the  said  Noisy  Pawnee  tribe. 

28880  ARTICLE  3.  The  undersigned  chiefs  and  warriors,  for  theni- 

28881  selves  and  their  said  tribe,  do  hereby  acknowledge  themselves 

28882  to  be  under  the  protection  of  the  United  States  of  America,  and 

28883  of  no  other  nation,  power,  or  sovereign  whatsoever. 

28884  ARTICLE  4.  The  undersigned  chiefs  and  warriors,  for  them- 

28885  selves  and  the  tribe  they  represent,  do  moreover  promise  and 


G46 

28886  oblige  themselves  to  deliver  up,  or  cause  to  be  delivered  up,  to 

28887  the  authority  of  the  United  States,  (to  be  punished  according  to 

28888  law,)  each  and  every  individual  of  the  said  tribe  who  shall,  at 

28889  any  time  hereafter,  violate  the  stipulations  of  the  treaty  this  day 

28890  concluded  between  the  said  Noisy  Pawnee  tribe  and  the  said 

28891  States. 

28892  Proclaimed  January  7,  1819. 


28893  PAWNEE  REPUBLIC. 

28894  A  treaty  of  peace  and  friendship  made  and  concluded  by  and  be- 

28895  tween   William  Clark  and  Auguste  Chouteau,  commissioners 

28896  of  the  United  States  of  America,  on  the  part  and  behalf  of  the 

28897  said  States,"  of  the  one  part,  and  the  undersigned  chiefs  and 

28898  warriors  of  the  Pawnee  Republic,  on  the  part  and  behalf  of 

28899  their  tribe,  of  the  other  part. 

28900  The  parties,  being  desirous  of  establishing  peace  and  friend- 

28901  ship  between  the  United  States  and  the  said  tribe,  have  agreed 

28902  to  the  following  articles : 

28903  ARTICLE   1.  Every   injury  or  act    of  hostility  by  one  or 

28904  either  of   the  contracting  parties    against  the  other  shall  be 

28905  mutually  forgiven  and  forgot. 

28906  ARTICLE  2.  There  shall  be  perpetual  peace  and  friendship 

28907  between  all  the  citizens  of  the  United  States  of  America  and 

28908  all  the  individuals  composing  the  said  Pawnee  tribe. 

28909  ARTICLE  3.  The  undersigned  chiefs  and  warriors,  for  them- 

28910  selves  and  their  said  tribe,  do  hereby  acknowledge  themselves 

28911  to  be  under  the  protection  of  the  United  States  of  America,  and 

28912  of  no  other  nation,  power,  or  sovereign  whatsoever. 

28913  ARTICLE  4.  The  undersigned  chiefs  and  warriors,  for  them - 

28914  selves  and  the  tribe  they  represent,  do  moreover  promise  and 

28915  oblidge  themselves  to  deliver  up,  or  to  cause  to  be  delivered  up, 

28916  to  the  authority  of  the  United  States,  (to  be  punished  according 

28917  to  law,)  each  and  every  individual  of  the  said  tribe  who  shall, 

28918  at  any  time  hereafter,  violate  the  stipulations  of  the  treaty  this 

28919  day  concluded  between  the  said  Pawnee  Kepublic  and  the  said 

28920  States. 

28921  Proclaimed  January  17,  1819. 


647 


28922 


PAWNES— GRAND,  LOUPS,  REPUBLICANS,  ETC. 


28923  Treaty  with  the  Pawnees  ;    articles  of  agreement  and  convention 

28924  made  this  sixth  day  of  August,  A.  D.  1848,  at  Fort  Childs, 

28925  near   the  head  of    Grand  Island,  on   the  south  side  of   the 

28926  Nebraska  or  Great  Platte  River,  between  Lieutenant- Colonel 

28927  Ludwell  E.  Powell,  commanding  battalion  Missouri  Mounted 

28928  Volunteers,  en  route  to  Oregon,  in  behalf  of  the  United  States, 

28929  and  the  chiefs  and  head-men  of  the  four  confederated  bands  of 

28930  Pawnees,  viz:  Grand  Pawnees,  Pawnee  Loups,  Pawnee  Repub- 

28931  licans,  and  Pawnee  Tappage,  at  present  residing  on  the  so  nth 

28932  side  of  the  Platte  River. 

28933  ARTICLE  1.  The  confederated  bands  of  the  Pawnees  hereby 

28934  cede  and  relinquish  to  the  United  States  all  their  right,  title, 

28935  and  interest  in  and  to  all  that  tract  of  laud  described  as  follows, 
28930  viz:  Commencing  on  the  south  side  of  the  Platte  River,  five 

28937  miles  west  of  this  post,  "  Fort  Childs;"  thence  due  north  to  the 

28938  crest  of  the  bluffs  north  of  said  Platte  River;  thence  east  and 

28939  along  the   crest  of   said   bluffs  to  the  termination   of  Grand 

28940  Island,  supposed  to  be  about  sixty  miles  distant;  thence  south 

28941  to  the  southern  shore  of  said  Platte  River  ;  and  thence  west  and 

28942  along  the  southern  shore  of  the  said  Platte  River  to  the  place 

28943  of  beginning. 

28944  The  land  hereby  conveyed  is  designated  within  the  red  lines 

28945  of  the  following  plat : 

28946  [NOTE. — The  red  lines  in  the  original  plat  are  designated  by 

28947  dotted  lines  in  this  copy. 


LAT.40°33' 
LONG.  39°  NEARLY 

28948  ARTICLE  2.  In  consideration  of  the  land  hereby  ceded  and 

28949  relinquished,  the  United  States  has  this  day  paid,  through  Cap- 

28950  tain   Stewart  Van  Vliet,  assistant  quartermaster  United  States 

28951  Army,   under   an   order  from   Lieutenant  Colonel   Ludwell   E. 

28952  Powell,  commanding  battalion  Missouri  Mounted  Volunteers,  to 


648 

28953  the  said  four  bauds  collectively,  ou  the  execution  of  this  treaty, 

28954  the  amount  of  two  thousand  dollars  in  goods  and  merchandise, 

28955  the  receipt  of  which  is  hereby  acknowledged. 

2895G  ARTICLE  3.  The   United  States  shall  have  the  privilege  of 

28957  using  any  hard  timber  that  may  at  any  time  be  needed  situate 

28958  upon  Wood  Eiver,  immediately  north  of  the  land  hereby  cou- 

28959  veyed. 

28960  ARTICLE  4.  The  Pawnee  Nation  renew  their  assurance  of 

28961  friendship  for  the  white  men,  their  fidelity  to  the  United  States, 

28962  and  their  desire  for  peace  with  all  the  neighboring  tribes  of  In- 

28963  dians. 

28964  The  Pawnee  Nation,  therefore,  faithfully  promise  not  to 

28965  molest  or  injure  the  property  or  person  of  any  white  citizen  of 

28966  the  United  States  wherever  found,  nor  to  make  war  upon  any 

28967  tribes  with  whom  said  Pawnee  tribes  now  are,  or  may  hereafter 

28968  be,  at  peace  ;  but,  should  any  difficulty  arise,  they  agree  to  refer 

28969  the  matter  in  dispute  to  such  arbitration  as  the  President  of  the 

28970  United  States  may  direct. 

28971  ARTICLE  5.  These  articles  of  agreement  and  convention 

28972  shall  be  binding  and  obligatory  from  this  sixth  day  of  August, 

28973  A.  D.  1848. 

28974  Eatified  January  8,  1849. 

28975  Articles  of  agreement  and  convention  made  this  ninth  day  of  Oc- 

28976  tober,  A.  D.  1833,  at  the  Grand  Pawnee  village,  on  the  Platte 

28977  Eiver,  between  Henry  L,  Ellsworth,  commissioner  in  behalf  of 

28978  the  United  /States,  and  the  chiefs  and  head-men  of  the  four  con- 

28979  federated  bands  of  Paicnees,  viz :    Grand  Pawnees,  Pawnee 

28980  Lonps,  Pawnee  Republicans,  and  Pawnee  Tappaye,  residing  on 

28981  the  Platte  and  the  Loup  Fork. 

28982  ARTICLE  1.  The  confederated  bands  of  Pawnees  aforesaid 

28983  hereby  cede  and  relinquish  to  the  United  States  all  their  right, 

28984  interest,  and  title  in  and  to  all  the  land  lying  south  of  the  Platte 

28985  Eiver. 

28986  ARTICLE  2.  The  land  ceded  and  relinquished  hereby,  so  far 

28987  as  the  same  is  not  and  shall  not  be  assigned  to  any  tribe  or  tribes, 

28988  .  shall  remain  a  common  hunting-ground,  during  the  pleasure  of 

28989  the  President,  for  the  Pawnees  and  other  friendly  Indians,  who 

28990  shall  be  permitted  by  the  President  to  hunt  ou  the  same. 

28991  ARTICLE  3.  The  United  States,  in  consideration  of  said  ces- 

28992  sion,  and  for  the  purpose  of  advancing  the  welfare  of  the  said 

28993  Pawnees,  agree  to  pay  said  bands  annually,  for  the  term  of 

28994  twelve  years,  the  sum  of  forty-six  hundred  dollars  in  goods,  at 

28995  not  exceeding  .St.  Louis  prices,  as  follows  :    to  the  Grand  Paw- 

28996  nees  and  Eepublican  villages,  each,  thirteen  hundred  dollars, 


649 

28997  and  to  the  Pawnee  Loups  and  Tappaye  Pawnee  villages,  each,  one 

28998  thousand  dollars,  and  said  annuity  to  said  Grand  Pawnees  is  in 

28999  fall  remuneration  for  removal  from  the  south  to  the  north  side 

29000  of  the  Platte,  and  building  again. 

29001  ARTICLE  4.  The  United  States  agree  to  pay  to  each  of  said 

29002  four  bands,  for  five  years,  the  sum  of  five  hundred  dollars,  in 

29003  agricultural  implements  j   and  to  be  continued  longer  if  the 

29004  President  thinks  proper. 

29005  ARTICLE  5.  The  United  States  agree  to  allow  one  thousand 

29006  dollars  a  year  for  ten  years,  for  schools,  to  be  established  for  the 

29007  benefit  of  said  four  bands  at  the  discretion  of  the  President. 

29008  ARTICLE  6.  The  United  States  agree  to  furnish  two  black  - 

29009  smiths  and  two  strikers,  with  shop,  tools,  and  iron,  for  ten  years, 

29010  for  said  four  bands,  at  an  expense  not  exceeding  two  thousand 

29011  dollars  in  the  whole  annually. 

29012  ARTICLE  7.  The  United  States  agree  to  furnish  each  of  said 

29013  lour  tribes  with  a  farmer  for  five  years,  and  deliver  to  said 

29014  farmers,  for  the  benefit  of  said  nation,  one  thousand  dollars  value 

29015  in  oxen  and  other  stock.    But  said  stock  is  not  to  be  delivered 
2901G  into  the  hands  of  the  said  Pawnees  until  the  President  thinks 

29017  the  same  can  be  done  with  propriety  and  safety. 

29018  ARTICLE  8.  The  United  States  agree  to  erect,  for  each  of 

29019  said  four  bands,  a  horse-mill  for  grinding  corn. 

29020  ARTICLE  9.  The  Pawnee  Nation  renew  their  assurance  of 

29021  friendship  for  the  white  men,  their  fidelity  to  the  United  States, 

29022  and  their  desire  for  peace  with  all  neighboring  tribes  of  red-men , 

29023  The  Pawnee  Nation  therefore  agree  not  to  molest  or  injure  the 

29024  person  or  property  of  any  white  citizen  of  the  United  States, 

29025  wherever  found,  nor  to  make  war  upon  any  tribe  with  whom  said 

29026  Pawnee  Nation  now  are,  or  may  be,  at  peace;  but  should  any 

29027  difficulty  arise  between  said  nation  and  any  other  tribe,  they 

29028  agree  to  refer  the  matter  in  dispute  to  such  arbiter  as  the  Pres- 

29029  ident  shall  appoint  to  settle  the  same. 

29030  ARTICLE  10.  It  is  agreed  and  understood  that  the  United 

29031  States  shall  not  be  bound  to  fulfil  the  stipulations  contained  in 

29032  the  fifth,  seventh,  and  eighth  articles  until  said  tribes  shall  lo- 

29033  cate  themselves  in  convenient  agricultural  districts,  and  remain 

29034  in  these  districts  the  whole  year,  so  as  to  give  protection  to  the 

29035  teachers,  the  farmers,  stock,  and  mill. 

29036  ARTICLE  11.  The  United  States,  desirous  to  show  the  Paw- 

29037  nees  the  advantages  of  agriculture,  engage,  in  case  the  Pawnees 

29038  cannot  agree  to  remain  to  protect  their  domestic  interest,  to 

29039  break  up  for  each  village  a  piece  of  land  suitable  for  corn  and 

29040  potatoes  for  one  season-  and  should  either  village  at  any  time 

29041  agree  to  give  the  protection  required,  said  village  shall  be  en- 

82  IT 


G50 

29042  titled  to  the  benefits  conferred  iu  said  fifth,  seventh,  and  eighth 

29043  articles. 

29044  ARTICLE  12.  In  case  the  Pawnee  Nation  will  remain  at 

29045  home  during  the  year,  and  give  the  protection  specified,  the 

29046  United  States  agree  to  place  twenty-five  guns,  with  suitable 

29047  ammunition,  in  the  hands  of  the  farmers  of  each  village,  to  be 

29048  used  in  case  of  an  attack  from  hostile  bands. 

29049  ARTICLE  13.  The  United  States  further  agree  to  deliver  to 

29050  said  four  bands  collectively,  on  the  execution  of  this  treaty,  the 

29051  amount  of  sixteen  hundred  dollars  in  goods  and  merchandise, 

29052  and  the  receipt  of  the  same  is  hereby  acknowledged  by  said 

29053  bauds. 

29054  ARTICLE  14.  These  articles  of  agreement  and  convention 

29055  shall  be  obligatory  and  binding  when  ratified  by  the  President 
2905G  and  Senate  of  the  United  States. 

29057  Proclaimed  April  12,  1834. 

29058  By  the  President  of  the  United'  Mates  of  America  : 

29059  A    PROCLAMATION. 

29060  To  all  and  singular  to  whom  these  presents  shall  come,  greeting  : 

29061  Whereas  a  treaty  was  made  and  concluded  at  Table  Creek, 

29062  in  the  Territory  of  Nebraska,  on  the  twenty-fourth  day  of  Sep- 

29063  tember,  one  thousand  eight  hundred  and  fifty-seven,  between 

29064  the  United  States  of  America,  by  James  W.  Denver,  comrnis- 

29065  sioner  duly  authorized  thereto,  and  the  chiefs  and  head-men  of 

29066  the  four  confederate  bands   of  Pawnee   Indians,  viz:    Grand 

29067  Pawnees,  Pawnee  Loups,  Pawnee  Republicans,  and  Pawnee 

29068  Tappahs,  and  generally  known  as  the  Pawnee  tribe,  which  treaty 

29069  is  in  the  following  words,  to  wit : 

29070  Articles  of  agreement  and  convention  made  this  twenty-fourth 

29071  day  of  September,  A.  D.  1857,  at  Table  Creek,  Nebraska 

29072  Territory,  between  James  W.  Denver,  commissioner  on  be- 

29073  half  of  the  United  States,  and  the  chiefs  and  head-men  of 

29074  the  four  confederate  bands  of  Pawnee  Indians,  viz  :  Grand 

29075  Pawnees,  Pawnee  Loups,  Pawnee  Republicans,  and  Pawnee 

29076  Tappahs,  and  generally  known  as  the  Pawnee  tribe. 

29077  ARTICLE  1.  The  confederated  bands  of  the  Pawnees  afore- 

29078  said  hereby  cede  and  relinquish  to  the  United  States  all  their 

29079  right,  title,  and  interest  in  and  to  all  the  lands  now  owned  or 

29080  claimed  by  them,  except  as  hereinafter  reserved,  and  which  are 

29081  bounded  as  follows,  viz  :  On  the  east  by  the  lands  lately  pur- 

29082  chased  by  the  United  States  from  the  Omahas  ;  on  the  south  by 

29083  the  lands  heretofore  ceded  by  the  Pawnees  to  tbe  United  States  ; 

29084  on  the  west  by  a  line  running  due  north  from  the  junction  of 


651 

29085  the  North  with  the  South  Fork  of  the  Platte  Eiver  to  the  Keha- 

29080  Paha  Kiver ;  aud  on  the  north  by  the  Keha-Paha  Elver  to  its 

29087  junction  with  the  INiobrara,  L'eauqui  Court,  or  Eunning- Water 

29088  River ;  and  thence,  by  that  river,  to  the  western  boundary  of  the 

29089  late  Omaha  cession.    Out  of  this  cession  the  Pawnees  reserve  a 

29090  tract  of  country,  thirty  miles  long  from  east  to  west  by  fifteen 
2909 L  miles  wide  from  north  to  south,  including  both  banks  of  the 

29092  Loup  Fork  of  the  Platte  Elver,  the  east  line  of  which  shall  be 

29093  at  a  point  not  further  east  than  the  mouth  of  Beaver  Creek.     If, 

29094  however,  the  Pawnees,  in  conjunction  with  the  United  States 

29095  agent,  shall  be  able  to  find  a  more  suitable  locality  for  their 

29096  future  homes  within  said  cession,  then  they  are  to  have  the 

29097  privilege  of  selecting  an  equal  quantity  of  land  there  in  lieu  of 

29098  the  reservation  herein  designated,  all  of  which  shall  be  done  as 

29099  soon  as  practicable  ;  and  the  Pawnees  agree  to  remove  to  their 

29100  new  homes,  thus  reserved  for  them,  without  cost  to  the  United 

29101  States,  within  one  year  from  the  date  of  the  ratification  of  this 

29102  treaty  by  the  Senate  of  the  United  States,  and,  until  that  time, 

29103  they  shall  be  permitted  to  remain  where  they  are  now  residing, 

29104  without  molestation. 

29105  ARTICLE  2.  In  consideration  of  the  foregoing  cession,  the 
29100  United  States  agree  to  pay  to  the  Pawnees  the  sum  of  forty 

29107  thousand  dollars  per  annum,  for  five  years,  commencing  on  the 

29108  first  day  of  January,  A.  D.  eighteen  hundred  and  fifty-eight 

29109  and,  after  the  end  of  five  years,  thirty  thousand  dollars  per  an- 

29110  num,  as  a  perpetual  annuity,  at  least  one-half  of  which  annual 

29111  payments  shall  be  made  in  goods  and  such  articles  as  may  be 

29112  deemed  necessary  for  them. 

29113  And  it  is  further  agreed  that  the  President  may,  at  any 

29114  time,  in  his  discretion,  discontinue  said  perpetuity  by  causing 

29115  the  value  of  a  fair  commutation  thereof  to  be  paid  to  or  ex- 
29110  pended  for  the  benefit  of  said  Indians  in  such  manner  as  to  him 

29117  shall  seem  proper. 

29118  ARTICLE  3.  In  order  to  improve  the  condition  of  the  Paw- 

29119  noes  and  teach  them  the  arts  of  civilized  life,  the  United  States 

29120  agree  to  establish  among   them,  and  for  their  use  and  benefit, 

29121  two  manual-labor  schools,  to  be  governed  by  such  rules  and 

29122  regulations  as  may  be  prescribed  by  the  President  of  the  United 

29123  States,  who  shall  also  appoint  the  teachers,  and,  if  he  deems  it 

29124  necessary,  may  increase  the  number  of  schools  to  four.  In  these 

29125  schools  there  shall  be  taught  the  various  branches  of  a  common- 
29120  school  education,  and,  in  addition,  the  arts  of  agriculture,  the 

29127  most  useful  mechanical  arts,  aud  whatever  else  the  President 

29128  may  direct.     The  Pawnees,  on  their  part,  agree  that  each  and 

29129  every  one  of  their  children,  between  the  ages  of  seven  and 

29130  eighteen  years,  shall  be  kept  constantly  at  these  schools  for  at 


652 

29131  least  nine  mouths  iii  each  year ;  and  if  any  parent  or  guardian 

29132  shall  fail,  neglect,  or  refuse  to  so  keep  the  child  or  children  under 

29133  his  or  her  control  at  such  school,  then,  and  in  that  case,  there 
23134  shall  be  deducted  from  the  annuities  to  which  such  parent  or 

29135  guardian  would  be  entitled,  either  individually  or  as  parent  or 

29136  guardian,  an  amount  equal  to  the  value  in  time  of  the  tuition  thus 

29137  lost  5  but  the  President  may  at  any  time  change  or  modify  this 

29138  clause  as  he  may  think  proper.     The  chiefs  shall  be  held  re- 

29139  sponsible  for  the  attendance  of  orphans  who  have  no  other 

29140  guardians;  and  the  United   States  agree  to  furnish  suitable 

29141  houses  and  farms  for  said  schools,  and  whatever  else  may  be 

29142  necessary  to  put  them  in  successful  operation  ;  and  a  sum  not 

29143  less  than  five  thousand  dollars  pur  annum  shall  be  applied  to 

29144  the  support  of  each  school,  so  long  as  the  Pawnees  shall,  in 

29145  good  faith,  comply  with  the  provisions  of  this  article;  but  if  at 

29146  any  time  the  President  is  satisfied  they  are  not  doing  so,  he 

29147  may,  at  his  discretion,  discontinue  the  schools  in  whole  or  in 

29148  part, 

29149  ARTICLE  4.  The  United  States  agree  to  protect  the  Paw- 

29150  nees  in  the  possession  of  their  new  homes.  The  United  States  also 

29151  agree  to  furnish  the  Pawnees — 

29152  First,  with  two  complete  sets  of  blacksmith,  gunsmith,  and 

29153  tinsmith  tools,  not  to  exceed  in  cost  seven  hundred  and  fifty 

29154  dollars;  and  erect  shops  at  a  cost  not  to  exceed  five  hundred 

29155  dollars;  also  five  hundred  dollars  annually,  during  the  pleasure 

29156  of  the  President,  for  the  purchase  of  iron,  steel,  and  other  ne- 

29157  cessaries  for  the  same.     The  United  States  are  also  to  furnish 

29158  two  blacksmiths,  one  of  whom  shall  be  a  gunsmith  and  tinsmith ; 

29159  but  the  Pawnees  agree  to  furnish  one  or  two  young  men  of  their 

29160  tribe  to  work  constantly  in  each  shop  as  strikers  or  apprentices, 

29161  who  shall  be  paid  a  fair  compensation  for  th  eir  labor. 

29162  Second.  The  United  States  agree  to  furnish  farming  utensils 

29163  and  stock,  worth  twelve  hundred   dollars    per  annum,  for  ten 

29164  years,  or  during  the  pleasure  of  the  President,  and  for  the  first 

29165  year's  purchase  of  stock,  and  for  erecting  shelters  for  the  same, 

29166  an  amount  not  exceeding  three  thousand  dollars,  and  also  to  em- 

29167  ploy  a  farmer  to  teach  the  Indians  the  arts  of  agriculture. 

29168  Third.  The  United  States  agree  to  have  erected  on  said 

29169  reservation  a  steam -mill,  suitable  to  grind  grain  and  to  saw  lum- 

29170  ber,  which  shall  not  exceed  in  cost  six  thousand  dollars,  and  to 

29171  keep  the  same  in  repair  for  ten  years;  also,  to  employ  a  miller 

29172  and  engineer  for  the  same  length  of  time,  or  longer,  at  the  dis- 

29173  cretion  of  the  President;  the  Pawnees  agreeing  to  furnish  ap. 

29174  prentices,  to  assist  in  working  the  mill,  who  shall  be  paid  a  fair 

29175  compensation  for  their  services. 

29176  Fourth.  The  United  States  agree  to  erect  dwelling-houses 


653 

29177  for  the  interpreter,  blacksmiths,  farmer,  miller,  aiid  engineer, 

29178  which  shall  not  exceed  in  cost  five  hundred  dollars  each  5  and 

29179  the  Pawnees  agree  to  prevent  the  members  of  their  tribe  from 

29180  injuring  or  destroying  the  houses,  shops,  machinery,  stock,  farm- 

29181  ing  utensils,  and  all  other  things  furnished  by  the  Government, 

29182  and  if  any  such  shall  be  carried  away,  injured,  or  destroyed  by 

29183  any  of  the  members  of  their  tribe,  the  value  of  the  same  shall  be 

29184  deducted  from  the  tribal  annuities.     Whenever  the  President 

29185  shall  become  satisfied  that  the  Pawnees  have  sufficiently  ad- 

29186  vanced  in  the  acquirement  of  a  practical  knowledge  of  the  arts 

29187  and  pursuits  to  which  this  article  relates,  then,  and  in  that  case, 

29188  he  may  turn  over  the  property  to  the  tribe,  and  dispense  with 

29189  the  services  of  any  or  all  of  the  employees  herein  named. 

29190  ARTICLE  5.  The  Pawnees  acknowledge  their  dependence 

29191  on  the  Government  of  the  United  States,  and  promise  to  be 

29192  friendly  with  all  the  citizens  thereof,  and  pledge  themselves  to 

29193  commit  no  depredations  on  the  property  of  such  citizens,  nor  on 

29194  that  of  any  other  person  belonging  to  any  tribe  or  nation  at 

29195  peace  with  the  United  States.     And  should  any  one  or  more  of 

29196  them  violate  this  pledge,  and  the  fact  be  satisfactorily  proven 

29197  before  the  agent,  the  property  taken  shall  be  returned,  or,  in  de- 

29198  fault  thereof,  or  if  injured  or  destroyed,  compensation  may  be 

29199  made  by  the  Government  out  of  their  annuities.     Nor  will  they 

29200  make  war  on  any  other  tribe,  except  in  self  defence,  but  will  sub- 

29201  mit  all  matters  of  difference  between  them  and  other  Indians  to 

29202  the  Government  of  the  United  States,  or  its  agent,  for  decision, 

29203  and  abide  thereby. 

29204  ARTICLE  6.  The  United  States  agent  may  reside  on  or  near 

29205  the  Pawnee  reservation;  and  the  Pawnees  agree  to  permit  the 

29206  United  States  to  build  forts  and  occupy  military  posts  on  their 

29207  lands,  and  to  allow  the  whites  the  right  to  open  roads  through 

29208  their  territories ;  but  no  white  person  shall  be  allowed  to  reside  on 

29209  any  part  of  said  reservation  unless  he  or  she  be  in  the  employ  of 

29210  the  United  States,  or  be  licensed  to  trade  with  said  tribe,  or  be 

29211  a  member  of  the  family  of  such  employe  or  licensed  trader ;  nor 

29212  shall  the  said  tribe,  or  any  of  them,  alienate  any  part  of  said 

29213  reservation    except  to  the   United   States;  but,  if  they  think 

29214  proper  to  do  so,  they  may  divide  said  lands  among  themselves, 

29215  giving  to  each  person,  or  each  head  of  a  family,  a  farm,  subject 
23216  to  their  tribal  regulations,  but  in  no  instance  to  be  sold  or  dis- 

29217  posed  of  to  persons  outside,  or  not  themselves  of  the  Pawnee 

29218  tribe. 

29219  ARTICLE  7.  The  United  States  agree  to  furnish,  in  addition 

29220  to  the  persons  heretofore  mentioned,  six  laborers  for  three  years, 

29221  but  it  is  expressly  understood  that  while  these  laborers  are  to 

29222  be  under  the  control  and  subject  to  the  orders  of  the  United 


G54 

29223  States  agent,  they  are  employed  more  to  teach  the  Pawnees  how 

29224  to  manage  stock  and  use  the  implements  furnished  than  as 

29225  merely  laboring  for  their  benefit ;  and  for  every  laborer  thus 

29226  furnished  by  the  United  States,  the  Pawnees  engage  to  furnish 

29227  at  least  three  of  their  tribe  to  work  with  them,  who  shall  also 

29228  be  subject  to  the  orders  of  the  agent,  and  for  whom  the  chiefs 

29229  shall  be  responsible. 

29230  ARTICLE  8.  The  Pawnees  agree  to  deliver  up  to  the  officers 

29231  of  the  United  States  all  offenders  against  the  treaties,  laws,  or 

29232  regulations  of  the  United  States,  whenever  they  may  be  found 

29233  within  the  limits  of  their  reservation  ;  and  they  further  agree 

29234  to  assist  such  officers  in  discovering,  pursuing,  and  capturing 

29235  any  such  offender  or  offenders,  anywhere,  whenever  called  on  so 
29230  to  do ;   and  they  agree,  also,  that  if  they  violate  any  of  the 

29237  stipulations  contained  in  this  treaty,  the  President  may,  at  his 

29238  discretion,  withhold  a  part  or  the  whole  of  the  annuities  herein 

29239  provided  for. 

29240  ARTICLE  9.  The  Pawnees  desire  to  have  some  provision 

29241  made  for  the  half-breeds  of  their  tribe.    Those  of  them  who 

29242  have  preferred  to  reside  and  are  now  residing  in  the  nation,  are 

29243  to  be  entitled  to  equal  rights  and  privileges  with  other  members 

29244  of  the  tribes,  but  those  who  have  chosen  to  follow  the  pursuits 

29245  of  civilized  life,  and  to  reside  among  the  whites,  viz :  Baptiste 

29246  Bayhylle,  William  Bayhylle,  Julia  Bayhylle,  Frank  Tatahyee, 

29247  William  Nealis,  Julia  Nealis,  Catharine  Papan,  Politte  Papan, 

29248  Rousseau  Papan,  Charles  Papau,  Peter  Papan,  Emily  Papan, 

29249  Henry  Geta,  Stephen  Geta,  James  Cleghorn,  Eliza  Deroine,  are 

29250  to  be  entitled  to  scrip  for  one  hundred  and  sixty  acres,  or  one 

29251  quarter  section  of  land  for  each,  provided  application  shall  be 

29252  made  for  the  same  within  five  years  from  this  time,  which  scrip 
20253  shall  be  receivable  at  the  United  States  laud-offices  the  same  as 

29254  military  bounty-land  warrants,  and  be  subject  to  the  same  rules 

29255  and  regulations. 

29256  ARTICLE  1(\  Samuel  Allis  has  long  been  the  firm  friend  of 

29257  the  Pawnees,  and  in  years  gone  by  has  ministered  to  their  wants 

29258  and  necessities.     When  in  distress,  and  in  a  state  of  starvation, 

29259  they  took  his  property  and  used  it  for  themselves,  and  when  the 

29260  small-pox  was  destroying  them,  he  vaccinated  more  than  two 

29261  thousand  of  them  ;  for  all  these  things,  the  Pawnees  desire  that 

29262  he  shall  be  paid,  but  they  think  the  Government  should  pay  a 

29263  part,     It  is  therefore  agreed  that  the  Pawnees  will  pay  to  said 

29264  Allis  one  thousand  dollars,  and  the  United  States  agree  to  pay 

29265  him  a  similar  sum  of  one  thousand  dollars,  as  a  full  remunera- 

29266  tion  for  his  services  and  losses. 

9267  ARTICLE  11.   Ta-ra-da-ka-wa,  head-chief  of  the  Tappahs 

29268  baud,  and  four  other  Pawnees,  having  been  out  as  guides  for 


655 

29269  the  United  States  troops  iii  their  kite  expedition  against  the 

29270  Cheyennes,  and  having  to  return  by  themselves,  were  overtaken 

29271  and  plundered  of  everything  given  them  by  the  officers  of  the 

29272  expedition,  as  well  as  their  own  property,  barely  escaping  with 

29273  their  lives  ;  and  the  value  of  their  services  being  fully  acknowl- 

29274  edged,  the  United  States  agree  to  pay  to  each  one  of  them  one 

29275  hundred  dollars,  or,  in  lieu  thereof,  to  give  to  each  a  horse  worth 

29276  one  hundred  dollars  in  value. 

29277  ARTICLE  12.   To  enable  the  Pawnees  to  settle  any  just 

29278  claims  at  present  existing  against  them,  there  is  hereby  set 

29279  apart,  by  the  United  States,  ten  thousand  dollars,  out  of  which 

29280  the  same  may  be  paid,  when  presented,  and  proven  to  the  satis- 

29281  faction  of  the  proper  department ;  and  the  Pawnees  hereby  re- 

29282  linquish  all  claims  they  may  have  against  the  United  States 

29283  under  former  treaty  stipulations. 

29284  Proclaimed  May  26,  1858. 


29285 


PIAXKISHAWS. 


29286  A  treaty  between  the  United  States  of  America  and  the  Piankeshaw 

29287  tribe  of  Indians. 

29288  The  President  of  the  United  States,  by  William  Henry  Har- 

29289  risou,  governor  of  the  Indiana  Territory,  superintendent  of  In- 

29290  dian   affairs,   and  commissioner  plenipotentiary  of  the  United 

29291  States  for  concluding  any  treaty  or  treaties  which  may  be  found 

29292  necessary  with  any  of  the  Indian  tribes  northwest  of  the  river 

29293  Ohio  5  and  the  chiefs  and  head-men  of  the  Piankeshaw  tribe, 

29294  have  agreed  to  the  following  articles,  which,  when  ratified  by 

29295  the  President  of  the  United  States,  by  and  with  the  advice  and 

29296  consent  of  the  Senate,  shall  be  binding  upon  the  said  parties. 

29297  ARTICLE  1.  The  Piaukeshaw  tribe  relinquishes  and  cedes 

29298  to  the  United  States  forever  all  that  tract  of  country  which  lies 

29299  between  the  Ohio  and  Wabash  Rivers,  and  below  Clark's  grant, 

29300  and  the  tract  called  the  Vmcenncs  tract,  which  was  ceded  by 

29301  the  treaty  of  Fort  Wayne,  and  a  line  connecting  the  said  tract 

29302  and  grant,  to  be  drawn  parallel  to  the  general  course  of  the  road 

29303  leading  from  Vinceimes  to  the  Falls  of  the  Ohio,  so  as  not  to  pass 

29304  more  than  half  a  mile  to  the  northward  of  the  most  northerly 

29305  bend  of  said  road. 

29306  ARTICLE  2.  The  Piankeshaw  tribe  acknowledges  explicitly 

29307  the  right  of  the  Kaskaskia  tribe  to  sell  the  country  which  they 

29308  have  lately  ceded  to  the  United  States,  and  which  is  separated 

29309  from  the  lands  of  the  Piankeshaws  by  the  ridge  or  high  land 

29310  which  divides  the  waters  of  the  Wabash  from  the  waters  of  the 


G56 

29311  Saline  Creek ;  and  by  that  which  divides  the  waters  of  the  said 

29312  Wabash  from  those  which  flow  into   the  Au-vase  and  other 

29313  branches  of  the  Mississippi. 

29314  ARTICLE  3.  An  additional  annuity  of  two  hundred  dollars 

29315  shall  be  paid  by  the  United  States  to  the  said  tribe  for  ten  years, 
29310  in  money,  merchandize,  provisions,  or  domestic  animals,  and 

29317  implements  of  husbandry,  at  the  option  of  the  said  tribe ;  and 

29318  this  annuity,  together  with  goods  to  the  value  of  seven  hundred 

29319  dollars,  which  are  now  delivered  to  them  by  the  commissioner 

29320  of  the  United  States,  is  considered  as  a  full  compensation  for 

29321  the  above-mentioned  reliuquishnient. 

29322  ARTICLE  4.  The  United  States  reserve  to  themselves  the 

29323  right  of  dividing  the  whole  annuity  which  they  pay  to  the  said 

29324  tribe  amongst  the  families  which  compose  the  same ;  allowing 

29325  always  a  due  proportion  for  the  chiefs.    And  the  said  chief?, 
2932G  whenever  the  President  of  the  United  States  may  require  it, 

29327  shall,  upon  proper  notice  being  given,  assemble  their  tribe  for 

29328  the  purpose  of  effecting  this  arrangement. 

29329  Proclaimed  February  6,  1805. 

29330  A  treaty  between  the  United  States  of  America  and  the  Pianldsliaiv 

29331  tribe  of  Indians. 

29332  Articles  of  a  treaty  made  at  Yincennes,  in  the  Indian  Territory, 

29333  between  William  Henry  Harrison,  governor  of  the  said  Ter- 

29334  ritory,  superintendent  of  Indian  affairs  and  commissioner 

29335  plenipotentiary  of  the  United   States  for  concluding  any 
2933G  treaty  or  treaties  which  may  be  found  necessary  with  any  of 

29337  the  Indian  tribes  northwest  of  the  Ohio,  of  the  one  part, 

29338  and  the  chiefs  and  head-men  of  the  Piankishaw  tribe  of  the 

29339  other  part, 

29340  ARTICLE  1.  The  Piankishaw  tribe  cedes  and  relinquishes 

29341  to  the  United  States  forever  all  that  tract  of  country  (with  the 

29342  exception  of  the  reservation   hereinafter  made)  which  lies  be- 

29343  tween  the  Wabash  and  the  tract  ceded  by  the  Kaskaskia  tribe  in 
1:9344  the  year  one  thousand  eight  hundred  and  three,  and  south  of  a 

29345  line  to  be  drawn  from  the  northwest  corner  of  the  Vinceunes 

29346  tract,  north  seventy-eight  degrees  west,  until  it  intersects  the 

29347  boundary-line  which  has  heretofore  separated  the  lauds  of  the 

29348  Piankeshaws  from  the  said  tract  ceded  by  the  Kaskaskia  tribe. 

29349  ARTICLE  2.  The  United  States  take  the  Piankishaw  tribe 

29350  under  their  immediate  care  and  patronage,  and  will  extend  to 

29351  them  a  protection  as  effectual  as  that  which  is  enjoyed  by  the 

29352  Kaskaskia  tribe ;  and  the  said  Piankishaw  tribe  will  never  com- 

29353  mit  any  depredations  or  make  war  upon  any  of  the  other  tribes 

29354  without  the  consent  of  the  United  States. 


657 

29355  ARTICLE  3.  The  said  United  States  will  cause  to  be  deliv- 

29356  ered  to  tlie  Piankishaws  yearly,  and  every  year,  an  additional 

29357  annuity  of  three  hundred  dollars,  which  is  to  be  paid  in  the  same 

29358  manner  and  under  the  same  conditions  as  that  to  which  they  are 

29359  entitled  by  the  treaty  of  Greenville :  Provided,  always,  That  the 
293GO  United  States  may,  at  any  time  they  shall  think  proper,  divide 

29361  the  said  annuity  amongst  the  individuals  of  the  said  tribe. 

29362  ARTICLE  4.  The  stipulations  made  in  the  preceding  articles, 

29363  together  with  the  sum,  of  one  thousand  one  hundred  dollars, 

29364  which  is  now  delivered,  the  receipt  whereof  the  said  chiefs  do 

29365  hereby  acknowledge,  is  considered  a  full  compensation  for  the 

29366  cession  and  relinquishinents  above  mentioned. 

29367  ARTICLE  5.  As  long  as  the  lands  now  ceded  remain  the 

29368  property  of  the  United  States,  the  said  tribe  shall  have  the  priv- 

29369  ilege  of  living  and  hunting  upon  them  in  the  same  manner  that 

29370  they  have  heretofore  done;  and  they  reserve  to  themselves  the 

29371  right  of  locating  a  tract  of  two  square  miles,  or  twelve  hundred 

29372  and  eighty  acres,  the  fee  of  which  is  to  remain  with  them  forever. 

29373  ARTICLE  6.  This  treaty  shall  be  in  force  as  soon  as  it  shall 

29374  be  ratified  by  the  President  of  the  United  States,  by  and  with 

29375  the  advice  of  the  Senate. 

29376  Proclaimed  May  23,  1807. 

29377  A  treaty  of  peace  and  friendship  made  and  concluded  between 

29378  William  Clark,  Ninian  Edwards,  and  Augnste  Chouteau,  com- 

29379  missioners  plenipotentiary  of  the  United  States  of  America,  on 

29380  the  part  and  behalf  of  the  said  States,  of  the  one  part,  and  the 

29381  undersigned,  chiefs  and  warriors  of  the  Pianlasliaw  Tribe  or 

29382  Nation,  on  the  part  and  behalf  of  the  said  tribe  or  nation,  of 

29383  the  other  part. 

29384  The  parties  being  anxious  of   re-establishing  peace  and 

29385  friendship  between   the   United   States   and  the  said  tribe  or 

29386  nation,  and  of  being  placed  in  all  things  and  in  every  respect 

29387  on  the  same  footing  upon  which  they  stood  before  the  war,  have 

29388  agreed  to  the  following  articles : 

29389  ARTICLE  1.  Every  injury  or  act  of  hostility  by  one  or  either 

29390  of  the  contracting  parties  against  the  other  shall  be  mutually 

29391  forgiven  and  forgot. 

29392  ARTICLE  2.  There  shall  be  perpetual  peace  and  friendship 

29393  between  all  the  citizens  of  the  United  States  of  America  and  all 

29394  the  individuals  composing  the  Piankishaw  tribe  or  nation. 

29395  ARTICLE  3.  The  contracting  parties,  in  the  sincerity  of  mu- 

29396  tual  friendship,  recognise,  re-establish,  and  confirm  all  and  every 

29397  treaty,  contract,  or  agreement  heretofore  concluded  between  the 

29398  United  States  and  the  said  Piankishaw  tribe  or  nation. 

29399  Ratified  December  26,  1815. 

83  IT 


658 

29400  PIANKISHAWS  AND  WEAS. 

29401  Articles  of  a  treaty  made  and  concluded  at  Castor  Hill,  in  the  county 

29402  of  Saint  Louis,  and  State  of  Missouri,  between  William  Clark, 

29403  Frank  J.  Allen,  and  Nathan  Kouns,  commissioners  on  the  part 

29404  of  the  United  States,  of  the  one  part,  and  the  undersigned  chiefs, 

29405  warrior  8  j  and  counsellors,  of  the  Piarikeshaw  and  Wea  tribes 
2940G  of  Indians,  in  behalf  of  their  said  tribes,  of  the  other  part. 

29407  ARTICLE  1.  The  undersigned  chiefs,  warriors,  and  consid. 

29408  erate  men,  for  themselves  and  their  said  tribes,  for  and  in  con- 

29409  sideration  of  the  stipulations  hereinafter  made,  do  hereby  cede 

29410  and  relinquish  to  the  United  States  forever,  all  their  right,  title, 

29411  and  interest  to  and  in  lands  within  the  States  of  Missouri  and 

29412  Illinois — hereby  confirming  all  treaties  heretofore  made  between 

29413  their  respective  tribes  and  the  United  States,  and  relinquishing 

29414  to  them  all  claim  to  every  portion  of  their  land  which  may  have 

29415  been  ceded  by  any  portion  of  their  said  tribes. 

29416  ARTICLE  2.  The  United  States  cede  to  the  Piankeshaw  and 

29417  Wea  tribes,  for  their  permanent  residence,  two  hundred  and  fifty 

29418  sections  of  land  within  the  limits  of  the  survey  of  the  lands  set 

29419  apart  for  the  Piankeshaws,  Weas,  and  Peorias,  bounded  east 

29420  by  the  western  boundary  line  of  the  State  of  Missouri,  for  fifteen 

29421  miles ;  north  by  the  southern  boundary  of  the  lands  assigned 

29422  to  the  Shawanoes ;  west  by  lands  assigned  to  the  Peorias  and 

29423  Kaskaskias,  and  south  by  the  southern  line  of  the  original  tract 

29424  surveyed  for  the  Piankeshaws,  Weas,  and  Peorias,jthe  tract  being 

29425  intended  to  include  the  present  villages  of  the  said  Piankeshaws 

29426  and  Weas. 

29427  ARTICLE  3.  As  a  full  equivalent  to  the  said  Piankeshaw 

29428  tribe  for  their  claim  for  salt  annuities,  for  improvements  on  the 

29429  lands  they  moved  from  within  the  State  of  Missouri,  and  for 

29430  horses  lost  when  moving,  the  United  States  agree  to  pay  them 

29431  after  the  ratification  of  this  treaty,  cattle,  hogs,  and  such  farm- 

29432  ing  utensils  as  may  be  required  by  said  tribe  on  their  land,  to 

29433  the  amount  of  five  hundred  dollars  annually,  for  five  years,-  the 

29434  sum  of  seven  hundred  and  fifty  dollars  will  also  be  expended  in 

29435  assistance  to  said  tribe  in  agriculture,  and  improvements  on  the 

29436  land  hereby  ceded  to  them,  together  with  the  sum  of  two  hun- 

29437  dred  dollars  in  merchandize  and  cash  paid  at  the  signing  of 

29438  this  treaty,  the  receipt  whereof  is  hereby  acknowledged  by  said 

29439  tribe. 

29440  ARTICLE  4.  As  a  full  equivalent  to  the  Wea  tribe,  for  the  iin. 

29441  proveraents  made  by  them  on  the  lands  of  the  United  States  which 

29442  they  removed  from,  for  horses  lost  in  consequence  of  such  re- 

29443  in  oval,  and  for  all  other  claims  which  they  have  preferred,  the 


659 

29444  United  States  agree  to  pay  them  after  the  ratification  of  this 

29445  treaty,  cattle,  hogs,  and  farming  utensils  on  their  land  to  the 

29446  amount  of  five  hundred  dollars,  together  with  two  hundred  dol- 

29447  lars  this  day  paid  them  in  cash  and  merchandize,  the  receipt  of 

29448  which  is  hereby  acknowledged.    The  United  States  will  also 

29449  afford*  some  assistance  to  that  part  of  the  Wea  tribe  now  resid- 

29450  ing  in  the  State  of  Indiana,  to  enable  them  to  join  the  rest  of 

29451  their  tribe  on  the  lauds  hereby  assigned  them,  and  will  also 

29452  furnish  said  pqrtion  of  the  tribe  with  provisions  for  one  year 

29453  after  their  arrival. 

29454  ARTICLE  5.  The  United  States  will  also  support  a  black- 

29455  smith's  shop  for  five  years  at  a  convenient  place  between  the 

29456  lands  hereby  ceded  the  said  Piankeshaws  and  Weas,  and  the 

29457  lauds  assigned  to  the  Kaskaskias  and  Peorias ;  which  shop  is 

29458  to  be  for  the  benefit  of  the  said  tribes  of  Piankeshaws,  Weas, 

29459  Peorias,  and  Kaskaskias  in  common. 

29460  ARTICLE  6.  This  treaty  to  be  obligatory  on  the  contracting 

29461  parties  when  ratified  by  the  President  and  Senate  of  the  United 

29462  States. 

29463  Proclaimed  February  23,  1833. 


29464  PONCAS. 

29465  Treaty  between  the  United  States  and  the  Ponca  tribe  of  Indians, 

29466  concluded  at  Washington  March    12,  1858  ;  ratified  by  the 

29467  Senate  March  8,  1859. 

29468  JAMES  BUCHANAN,  President  of  the  United  States,  to  all  and 

29469  singular  to  whom  these  presents  shall  come,  greeting : 

29470  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

29471  Washington,  on  the  twelfth  day  of  March,  one  thousand  eight 

29472  hundred  and  fifty-eight,  by  Charles  E.  Mix,  commissioner  on  the 

29473  part  of  the  United  States,  and  Wa-gah-sah-pi,  or  Whip  ;  Gish- 

29474  tali- wall- gu,  or  Strong  Walker ;  Mitchell  P.  Cera,  or  Wash-kom- 

29475  moni;    A-shno-m-kali-gah-hi,   or  Lone    Chief;    Shu-kah-bi,   or 

29476  Heavy  Clouds;  Tah-tungah-nushi,  or  Standing  Buffalo,  on  the 

29477  part  of  the  Ponca  tribe  of  Indians,  they  being  duly  authorized 

29478  and  empowered  thereto  by  said  tribe;  which  treaty  is  in  the 

29479  words  and  figures  following,  to  wit : 

29480  Articles  of  agreement  and  convention  made  and  concluded  at 

29481  the  city  of  Washington,  on  the  twelfth  day  of  March,  one 

29482  thousand  eight  hundred  and  fifty-eight,  by  Charles  E.  Mix, 

29483  commissioner  on  the  part  of  the  United  States,  and  Wa- 

29484  gah-sah-pi,  or  Whip;  Gish-tah-wah-gu,  or  Strong  Walker; 


660 

139485  Mitchell  P.  Cera,  or  Wash-kom-moui ;  A-shno-ni-kah-gah-hi, 

29486  or  Lone  Chief;    Shu-kah-bi,  or  Heavy  Clouds;  Tah-tungah- 

29487  nushi,  or  Standing  Buffalo,  on  the  part  of  the  Ponca  tribe 

29488  of  Indians;  they  being  thereto  duly  authorized  and  empow- 

29489  ered  by  said  tribe. 

29490  ARTICLE  1.  The  Pouca  tribe  of  Indians  hereby  cede  and 

29491  relinquish  to  the  United  States  all  the  lauds  now  owned  or 

29492  claimed  by  them,  wherever  situate,  except  the  tract  bounded  as 

29493  follows,  viz :  Beginning  at  a  point  on  tiie  Neobrara  Eiver  and 

29494  running  due  north,  so  as  to  intersect  the  Pouca  Eiver  twenty-five 

29495  miles  from  its  mouth;  thence  from  said  point  of  intersection,  up 

29496  and  along  the  Pouca  Kiver,  twenty miles ;  thence  due 

29497  south  to  the  Neobrara  Eiver;  and  thence  down  and  along  said 

29498  river  to  the  place  of  beginning;  which  tract  is  hereby  reserved 

29499  for  the  future  homes  of  said  Indians ;  and  to  which  they  agree 

29500  and  bind  themselves  to  remove  within  one  year  from  the  date  of 

29501  the  ratification  of  this  agreement  by  the  Senate  and  President 

29502  of  the  United  States. 

29503  ARTICLE  2.  In  consideration  of  the  foregoing  cession  and 

29504  relinquishment,  the  United  States  agree  and  stipulate  as  fol- 

29505  lows,  viz : 

29506  First.  To  protect  the  Poucas  in  the  possession  of  the  tract 

29507  of  laud  reserved  for  their  future  homes,  and  their  persons  and 

29508  property  thereon,  during  good  behavior  on  their  part. 

29509  Second.  To  pay  to  them,  or  expend  tor  their  benefit,  the  sum 

29510  of  twelve  thousand  dollars  ($12,000)  per  annum  for  five  years; 

29511  commencing  with  the  year  in  which  they  shall  remove  to  and 

29512  settle  upon  the  tract  reserved  for  their  future  homes  ;  ten  thou- 

29513  sand  dollars  ($10,000)  per  annum  for  ten  years,  from  and  after 

29514  the  expiration  of  the  said  five  years  ;  and  thereafter  eight  thou- 

29515  sand  dollars  ($8,000)  per  annum  for  fifteen  years ;  of  which  sums 

29516  the  President  of  the  United  States  shall,  from  time  to  time,  de- 

29517  termine  what  proportion  shall  be  paid  to  thePoncasin  cash,  and 

29518  what  proportion  shall  be  expended  for  their  benefit ;  and  also 

29519  in  what  manner  or  for  what  objects  such  expenditure  shall  be 

29520  made.     He  shall  likewise  exercise  the  power  to  make  such  pro- 

29521  vision  out  of  the  same  as  he  may  deem  to  be  necessary  and 

29522  proper  for  the  support  and  comfort  of  the  aged  and  infirm  mem- 

29523  bers  of  the  tribe. 

29524  In  case  of  any  material  decrease  of  the  Poncas  in  number, 

29525  the  said  amounts  shall  be  reduced  and  diminished  in  proportion 

29526  thereto,  or  they  may,  at  the  discretion  of  the  President,  be  dis- 

29527  continued  altogether  should  said  Indians  fail  to  make  sntisfac- 

29528  tory  efforts  to  advance  and  improve  their  condition  ;  in  which 

29529  case  such  other  provision  shall  be  made  for  them  as  the  Presi- 

29530  dent  and  Congress  may  judge  to  be  suitable  and  proper. 


06 1 

29531  Third.   To  expend  the  sum  of    twenty   thousand  dollars 

29532  ($20,000)  in  maintaining  and  subsisting  the  Poncas  during  the 

29533  first  year  after  their  removal  to  their  new  homes,  purchasing 

29534  stock  and  agricultural  implements,  breaking  up  and  fencing 

29535  land,  building  houses,  and  in  making  such  other  improvements 

29536  as  may  be  necessary  for  their  comfort  and  welfare. 

29537  Fourth.  To  establish  and  to  maintain  for  ten  years,  at  an 

29538  annual  expense  not  to  exceed  five  thousand  dollars,  ($5,000,) 

29539  one  or  more  manual-labor  schools  for  the  education  and  training 

29540  of  the  Pouca  youth  in  letters,  agriculture,  the  mechanic  arts, 

29541  and  housewifery ;  which  school  or  schools  shall  be  managed  and 

29542  conducted  in  such  manner  as  the  President  of  the  United  States 

29543  shall  direct;  the  Poncas  hereby  stipulating  to  constantly  keep 

29544  thereat,  during  at  least  nine  months  in  every  year,  all  their  chil- 

29545  dren  between  the  ages  of  seven  and  eighteen  years  ;  and  that, 

29546  if  this  be  not  done,  there  shall  be  deducted  from  the  shares  of 

29547  the  annuities  due  to  the   parents,  guardians,  or  other  persons 

29548  having  control  of  the  children,  such  amounts  as  may  be  propor- 

29549  tioned  to  the  deficiency  in  their  time  of  attendance,  compared 

29550  with  the  said  nine  mouths,  and  the  cost  of  maintaining  and  ed- 

29551  ucating  the  children  during  that  period.     It  is  further  agreed 

29552  that  such  other  measures  may  be  adopted  to  compel  the  attend- 

29553  ance  of  the  children  at  the  school  or  schools  as  the  President 

29554  may  think  proper  and  direct;  and  whenever  he  shall  be  satis - 

29555  fied  of  a  failure  to  fulfil  the  aforesaid  stipulation  on  the  part  of 

29556  the  Poncas,  he  may,  at  his  discretion,  diminish  or  wholly  dis- 

29557  continue  the  allowance  and  expenditure  of  the  sum  herein  set 

29558  apart  for  the  support  and  maintenance  of  said  school  or  schools. 

29559  Fifth.  To  provide  the  Poncas  with  a  mill  suitable  for  grind- 

29560  ing  grain  and  sawing  timber,  one  or  more  mechanic  shops,  with 

29561  the  necessary  tools  for  the  same,  and  dwelling-houses  for  an  in- 

29562  terpreter,  miller,  engineer  for  the  mill,  if  one  be  necessary, 

29563  farmer,  and  the  mechanics  that  may  be  employed  for  their 

29564  benefit,  the  whole  not  to  exceed  in  cost  the  sum  of  ten  thousand 

29565  five  hundred  dollars,  ($10,500;)  and  also  to  expend  annually, 

29566  for  ten  years,  or  during  the  pleasure  of  the  President,  an  amount 

29567  not  exceeding  seven  thousand  five  hundred  dollars,  ($7,500,)  for 

29568  the  purpose  of  furnishing  said  Indians  with  such  aid  and  assist- 

29569  ance  in  agricultural   and    mechanical  pursuits,  including  the 

29570  working  of  said  mill,  as  the  Secretary  of  the  Interior  may  con- 

29571  sider  advantageous  and  necessary  for  them  ;  the  Poucas  hereby 

29572  stipulating  to  furnish  from  their  tribe  the  number  of  young  men 

29573  that  may  be  required  as  apprentices  and  assistants  in  the  mill 

29574  and  mechanic  shops,  and  at  least  three  persons  to  work  con- 

29575  stantly  with  each  laborer  employed  for  them  in  agricultural  pur- 

29576  suits,  it  being  understood  that  such  laborers  are  to  be  employed 


662 

29577  more  for  the  instruction  of  tbe  Indians  than  merely  to  work 

29578  for  their  benefit.     The  persons  so  to  be  furnished  by  the  tribe 

29579  shall  be  allowed  a  fair  and  just  compensation  for  their  services, 

29580  to  be  fixed  by  the  Secretary  of  the  Interior. 

29581  The  Foncas  further  stipulate  and  bind  themselves  to  pre- 
29582  vent  any  of  the  members  of  their  tribe  from  destroying  or  in- 

29583  juring  the  said  houses,  shops,  mill,  machinery,  stock,  farming 

29584  utensils,  or  any  other  thing  furnished  them  by  the  Government ; 

29585  and  in  case  of  any  such  destruction  or  injury,  or  of  any  of  the 

29586  things  so  furnished  being  carried  off  by  any  member  or  mem- 

29587  bers  of  their  tribe,  the  value  of  the  same  shall  he  deducted  from 

29588  the  tribal   annuities.     And  whenever  the  President  shall   be 

29589  satisfied  that  the  Poncas  have  become  sufficiently  confirmed  in 

29590  habits  of  industry,  and  advanced  in  acquiring  a  practical  kuowl- 

29591  edge  of  agriculture  and  the  mechanic  arts,  he  may,  at  his  dis- 

29592  cretion,  cause  to  be  turned  over  to  the  tribe  all  of  the  said  houses 

29593  and  other  property  furnished  them  by  the  United  States,  and 

29594  dispense  with  the  services  of  any  or  all  of  the  persons  herein- 

29595  before  stipulated  to  be  employed  for  their  benefit  and  assist- 
2959G  ance. 

29597  Sixth.  To  provide  and  set  apart  the  sum  of  twenty  thou 

29598  sand  dollars  ($20,000)  to  enable  the  Poncas  to  adjust  and  settle 

29599  their  existing  obligations  and  engagements,  including  depreda- 

29600  tions  committed  by  them  on  property  of  citizens  of  the  United 

29601  States  prior  to  the  date  of  the  ratification  of  this  agreement,  so 

29602  far  as  the  same  may  be  found  and  decided  by  their  agent  to  be 

29603  valid  and  just,  subject  to  the  approval  of  the  Secretary  of  the 

29604  Interior ;  and  in  consideration  of  the  long-continued  friendship 

29605  and  kindness  of  Joseph   Hollman  and   William  G.  Crawford 

29606  toward  the  Poncas,  of  their  furnishing  them  when  in  distress 

29607  with  large  quantities  of  goods  and  provisions,  and  of  their  good 

29608  counsel  and  advice,  in  consequence  of  which  peace  has  often 

29609  been  preserved  between  the  Poncas  and  other  Indians  arid  the 

29610  whites,  it  is  agreed  that  out  of  the  above-mentioned  amount 

29611  they  shall  be  paid  the  sum  of  three  thousand  five  hundred  dol- 

29612  lars,  ($3,500,)  and  the  sum  of  one  thousand  dollars  ($1,000)  shall 

29613  in  like  manner  be  paid  to  Jesse  Williams,  of  Iowa,  in  full  for 

29614  his  claim,  as  such  has  been  admitted  by  the  Poncas  for  depre- 

29615  da  tions  committed  by  them,  on  his  property. 

29616  ARTICLE  3.  The  Poncas  being  desirous  of  making  provision 

29617  for  their  half-breed  relatives,  it  is  agreed  that  those  who  prefer 
29818  and  elect  to  reside  among  them  shall  be  permitted  to  do  so,  and 

29619  be  entitled  to  and  enjoy  all  the  rights  and  privileges  of  mem- 

29620  bers  of  the  tribe ;  but  to  those  who  have  chosen  and  left  the 

29621  tribe  to  reside  among  the  whites  and  follow  the  pursuits  of  civil- 

29622  ized  life,  viz:  Charles  Leclaire,  Fort  Piere.  N.  T.j  Cillaste  Lee- 


29623 

29624 

29625 

29626 

29627 

29628 

29629 

29630 

29631 

29632 

29633 

29634 

29635 

29636 

29637 

29638 

29639 

29640 

29641 

29642 

29643 

29644 

29645 

29646 

29647 

29648 

29649 

29650 

29651 

29652 

29653 

29654 

29655 

29656 

29657 

29658 

29659 

29660 

29661 

29662 

29663 

29664 

29665 

29666 

29667 

29668 


663 

laire,  Pottowattomie,  K.  T.;  Ciprian  Leclaire,  St.  Louis,  Mis 
souri;  Julia  Harvey,  Omaha,  K  T.;  Jenny  Kuleau,  Sioux  City 
Iowa;  David  Leclaire,  Amelia  Deloge,  and  Laura  Deloge,  at 
the  Omaha  mission,  there  shall  be  issued  scrip  for  one  hundred 
and  sixty  acres  of  land  each,  which  shall  be  receivable  at  the 
United  States  laud-offices  in  the  same  manner,  and  be  subject  to 
the  same  rules  and  regulations  as  military  bounty-land  warrants. 
And  in  consideration  of  the  faithful  services  rendered  to  the 
Poncas  by  Francis  Eoy,  their  interpreter,  it  is  agreed  that  scrip 
shall,  in  the  like  manner  and  amount,  be  issued  to  his  wife  and  to 
each  of  his  six  children  now  living,  without  their  being  required 
to  leave  the  nation:  Provided,  That  application  for  the  said 
scrip  shall  be  made  to  the  Commissioner  of  Indian  Affairs  within 
five  years  from  and  after  the  date  of  the  ratification  of  this 
agreement. 

ARTICLE  4.  The  United  States  shall  have  the  right  to  es 
tablish  and  maintain  such  military  posts,  roads,  and  Indian 
agencies  as  may  be  deemed  necessary  withiu  the  tract  of  country 
hereby  reserved  for  the  Poncas,  but  no  greater  quantity  of  land 
or  timber  shall  be  used  for  said  purposes  than  shall  be  actually 
requisite ;  and  if,  in  the  establishment  or  maintenance  of  such 
posts,  roads,  and  agencies,  the  property  of  any  Ponca  shall  be 
taken,  injured,  or  destroyed,  just  and  adequate  compensation 
shall  be  made  therefor  by  the  United  States.  And  all  roads  or 
highways  authorized  by  competent  authority,  other  than  the 
United  States,  the  lines  of  which  shall  lie  through  said  tract, 
shall  have  the  right  of  way  through  the  same;  the  fair  and  just 
value  of  such  right  being  paid  to  the  Poncas  therefor  by  the  party 
or  parties  authorizing  the  same  or  interested  therein;  to  be  as 
sessed  and  determined  in  such  manner  as  the  President  of  the 
United  States  shall  direct. 

ARTICLE  5.  No  white  person,  unless  in  the  employment  of 
the  United  States,  or  duly  licensed  to  trade  with  the  Poucas,  or 
members  of  the  family  of  such  persons,  shall  be  permitted  to 
reside,  or  to  make  any  settlement,  upon  any  part  of  the  tract 
herein  reserved  for  said  Indians,  nor  shall  the  latter  alienate, 
sell,  or  in  manner  dispose  of  any  portion  thereof,  except  to  the 
United  States ;  but,  whenever  they  may  think  proper,  they  may 
divide  said  tract  among  themselves,  giving  to  each  head  of  a 
family  or  single  person  a  farm,  with  such  rights  of  possession, 
transfer  to  any  other  member  of  the  tribe,  or  of  descent  to  their 
heirs  and  representatives,  as  may  be  in  accordance  with  the  laws, 
customs,  and  regulations  of  the  tribe. 

ARTICLE  6.  Such  persons  as  are  now  lawfully  residing  on 
the  lands  herein  ceded  by  the  Poncas  shall  each  have  the  privi 
lege  of  entering  one  hundred  and  sixty  acres  thereof,  to  include 


664 

29669  any  improvements  they  may  have,  at  one  dollar  and  twenty-five 

29670  cents  per  acre. 

29671  ARTICLE  7.  The  Poncas  acknowledge  their  dependence  upon 

29672  the  Government  of  the  United  States,  and  do  hereby  pledge  and 

29673  bind  themselves  to  preserve  friendly  relations  with  the  citizens 

29674  thereof,  and  to  commit  no  injuries  or  depredations  on  their  per- 

29675  sons  or  property,  nor  on  those  of  members  of  any  other  tribe  ; 

29676  but,  in  case  of  any  such  injury  or  depredation,  full  compensation 

29677  shall,  as  far  as  practicable,  be  made  therefor  out  of  their  tribal 

29678  annuities ;  the  amount  in  all  cases  to  be  determined  by  the  Sec- 

29679  retary  of  the  Interior.    They  farther  pledge  themselves  not  to 

29680  engage  in  hostilities  with  any  other  tribe,  unless  in  self-defence, 

29681  but  to  submit,  through  their  agent,  all  matters  of  dispute  and 

29682  difficulty  between  themselves  and  other  Indians  for  the  decision 

29683  of  the  President  of  the  United  States,  and  to  acquiesce  in  and 

29684  abide  thereby.    They  also  agree,  whenever  called  upora  by  the 

29685  proper  officer,  to  deliver  up  all  offenders  against  the  treaties, 

29686  laws,  or  regulations  of  the  United  States,  who  may  be  within 

29687  the  limits  of  their  reservation,  and  to  assist  in  discovering,  pur- 

29688  suing,  and  capturing  all  such  offenders,  whenever  required  to  do 

29689  so  by  such  officer. 

29690  ARTICLE  8.  To  aid  in  preventing  the  evils  of  intemperance? 

29691  it  is  hereby  stipulated  that  if  any  of  the  Poncas  shall  drink,  or 

29692  procure  for  others,  intoxicating  liquor,  their  proportion  of  the 

29693  tribal  annuities  shall  be  withheld  from  them  for  at  least  one 

29694  year  j  and  for  a  violation  of  any  of  the  stipulations  of  this  agree- 

29695  ment  on  the  part  of  the  Poncas,  they  shall  be  liable  to  have  their 

29696  annuities  withheld,  in  whole  or  in  part,  and  for  such  length  of 

29697  time  as  the  President  of  the  United  States  shall  direct. 

29698  ARTICLE  9.  No  part  of  the  annuities  of  the  Poncas  shall  be 

29699  taken  to  pay  any  claims  or  demands  against  them,  except  such 

29700  as  may  arise  under  this  agreement,  or  under  the  trade  and  inter  - 

29701  course  laws  of   the  United  States;    and  the  said  Indians  do 

29702  hereby  fully  relinquish  and  release  the  United  States  from  all 

29703  demands  against  them  on  the  part  of  the  tribe  or  any  individuals 

29704  thereof,  except  such  as  are  herein  stipulated  and  provided  for. 

29705  ARTICLE  10.  The  expenses  connected  with  the  negotiation 

29706  of  this  agreement  shall  be  paid  by  the  United  States. 

29707  Proclaimed  April  11,  1859. 

29708  Supplemental  treaty  between  the  United  States  of  America  and  the 

29709  Ponca  tribe  of  Indians,  concluded  March  10,  1865 ;  ratifica- 

29710  tion  advised  March  2,  1867. 

29711  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

29712  to  all  and  singular  to  whom  these  presents  shall  come,  greet- 

29713  ing : 

29714  Whereas  a  supplemental  treaty  was  made  and  concluded  at 


6G5 

29715  the  city  of  Washington,  in  the  District  of  Columbia,  on  the  tenth 

29716  day  of  March,  iu  the  year  of  onr  Lord  one  thousand  eight  him 

29717  dred  and  sixty-five,  by  and  between  William  P.  Dole,  commis- 

29718  siouer  on  the  part  of  the  United  States,  and  Wah-gah-sap-pi,  or 

29719  Iron  Whip  ;  Gist  tah-wah-gu,  or  Strong  Walker;  Wash-com-mo- 

29720  ni,  or  Mitchell  P.  Cerre  ;  Ash-nan  e-kah-gah  he,  or  Lone  Chief; 

29721  and  Tah-ton-ga-nuz-zhe,  or  Standing  Buffalo,  chiefs  and  head-men 

29722  of  the  Ponca  tribe  of  Indians,  on  the  part  of  said  Indians,  and 

29723  duly  authorized  thereto  by  them,  which  treaty  is  in  the  words 

29724  and  figures  following,  to  wit : 

29725  Supplemental  treaty  between  the  United  States  of  America  and 

29726  the  Ponca  tribe  of  Indians,  made  at  the  city  of  Washington 

29727  on  the  tenth  day  of  March,  A.  D.  1865,  between  William  P. 

29728  Dole,  commissioner  on  the  part  of  the  United  States,  and 

29729  Wah-gah-sap-pi,  or  Iron  Whip  ;  Gist-tah-wah-gu,  or  Strong 

29730  Walker;  Wash-com-mo-ni,  or  Mitchell  P.  Cerre  ;  Ash-nan  e- 

29731  kah-gah-he,  or  Lone  Chief;  Tah-ton-ga-nuz  zhe,  or  Standing 

29732  Buffalo,  on  the  part  of  the  Ponca  tribe  of  Indians,  they 

29733  being  duly  authorized  and  empowered  by  the  said  tribe,  as 

29734  follows,  viz: 

29735  ARTICLE  1.  The  Ponca  tribe  of  Indians  hereby  cede  and 

29736  relinquish  to  the  United  States  all  that  portion  of  their  present 

29737  reservation   as   described  in  the  first  article  of  the  treaty  of 

29738  March  12th,  1858,  (proclaimed  April   11,   1859 ;  see  preceding 

29739  treaty,)  lying  west  of  the  range  line  between  townships  num- 

29740  bers  (32)  thirty- two  and  (33)  thirty-three  north,  ranges  (10)  ten 

29741  and  (11)  eleven  west  of  the  (6)  sixth  principal  meridian,  accord- 

29742  ing  to  the  Kansas  and  Nebraska  survey,  estimated  to  contain 

29743  thirty  thousand  acres,  be  the  same  more  or  less. 

29744  ARTICLE  2.  In  consideration  of  the  cession  or  release  of 

29745  that  portion  of  the  reservation  above  described  by  the  Ponca 

29746  tribe  of  Indians  to  the  Government  of  the  United  States,  the 

29747  Government  of  the  United  States,  by  way  of  rewarding  them  for 

29748  their  constant  fidelity  to  the  Government  and  citizens  thereof, 

29749  and  with  a  view  of  returning  to  the  said  tribe  of  Pouca  Indians 

29750  their  old  burying-grounds  and  corn-fields,  hereby  cede  and  re- 

29751  linquish  to  the  tribe  of  Ponca  Indians  the  following-described 

29752  fractional  townships,  to  wit:  township  (31)  thirty-one   north, 

29753  range  (7)  seven  west ;  also,  fractional  township  (32)  thirty-two 

29754  north,  ranges  (6,)  six,  (7,)  seven,  (8,)  eight,  (9,)  nine,  and  (10) 

29755  ten    west;    also,  fractional  township   (33)   thirty-three   north, 

29756  ranges  (7)  seven  and  (8)  eight  west ;  and  also  all  that  portion  of 

29757  township  (33)  thirty-three  north,  ranges  (9)  nine  and  (10)  ten 

29758  west,  lying  south  of  Ponca  Creek  ;  and  also  all  the  islands  in  the 

29759  Niobrara,  or  Running  Water  River,  lying  in  front  of  lauds  or 

29760  townships  above  ceded  by  the  United  States  to  the  Ponca  tribe 

84  I  T 


660 

29761  of  Indians.     But  it  is  expressly  understood  and  agreed  that  the 

207012  United  States  shall  not  be  called  upon  to  satisfy  or  pay  the 

29763  claims  of  any  settlers  for  improvements  upon  the  lands  above 

29764  ceded  by  the  United  States  to  the  Poncas,  but  that  the  Ponca 
297(55  tribe  of  Indians  shall,  out  of  their  own  funds,  and  at  their  own 

29766  expense,  satisfy  said  claimants,  should  any  be  found  upon  said 

29767  lands  above  ceded  by  the  United  States  to  the  Ponca  tribe  of 

29768  Indians. 

21)769  ARTICLE  3.  The  Government  of  the  United  States,  in  com- 

29770  pliance  with  the  first  paragraph  of  the  second  article  of  the 

29771  treaty  of  March  12th,  1858,  hereby  stipulate  and  agree  to  pay  to 

29772  the  Ponca  tribe  of  Indians  for  indemnity  for  spoliation  commit- 

29773  ted  upon  them,  satisfactory  evidence  of  which  has  been  lodged 

29774  in  the  office  of  the  Commissioner  of  Indian  Affairs,  and  payment 

29775  recommended  by  that  officer,  and  also  by  the  Secretary  of  the 

29776  Interior,  the  sum  of  fifteen  thousand  and  eighty  dollars. 
29777*  ARTICLE  4.  The  expenses  attending  the  negotiation  of  this 

29778  treaty  or  agreement  shall  be  paid  by  the  United  States. 

29779  Proclaimed  March  28,  1867. 


29780  POXOARS. 

29781  Treaty  with  the  Poncar  tribe. 

29782  For  the  purposes  of  perpetuating  the  friendship  which  has 
2  )783  heretofore  existed,  as  also  to  remove  all  future  cause  of  discus- 
2  )784  sion  or  dissension  as  it  respects  trade  and  friendship  between  the 
29785  United  States  and  their  citizens  and  the  Poncar  tribe  of  Indians, 
21)786  the  President  of  the  United  States  of  America,  by  Brigadier-Gen- 

29787  eral  Henry  Atkinson,  of  the  United   States  Army,  and  Major 

29788  Benjamin   O'Fallon,  Indian  agent,  \vith  full  powers  and  author- 

29789  ity,  specially  appointed  and  commissioned  for  that  purpose,  of 

29790  the  one  part,  and  the  undersigned  chiefs,  head-men,  and  warriors 

29791  of  the  Poncar  tribe  of  Indians,  on  behalf  of  said  tribe,  of  the 

29792  other  part,  have  made  and  entered  into  the  following  articles 

29793  and  conditions,  which,  when  ratified  by  the  President  of  the 

29794  United  States,  by  and  with  the  advice  and  consent  of  the  Sen- 

29795  ate,  shall  be  binding  on  both  parties,  to  wit : 

29796  ARTICLE  1.  It  is  admitted  by  the  Poncar  tribe  of  Indians 

29797  that   they  reside   within  the  territorial   limits   of   the  United 

29798  States,  acknowledge  their  supremacy,  and  claim  their  protec- 

29799  tion.     The  said  tribe  also  admit  the  right  of  the  United  States 

29800  to  regulate  all  trade  and  intercourse  with  them. 

29801  ARTICLE  2.  The  United  States  agree  to  receive  the  Poncar 


G(i7 


29802 
29803 
29804 

29805 

29800 

'29807 

29808 

29809 

29810 

29811 

29812 

21)813 

29814 

29815 

29816 

29817 

29818 

29819 

29820 

29821 

29822 

2!)S23 

29824 

29825 

2082(3 

29827 

29828 

2J829 

21)830 

29831 

2i)832 

20333 

2  )834 

29835 

29836 

29837 

29838 

29839 

29840 

29841 

29842 

29843 

29844 

29845 

29846 

29817 


tribe  of  Indians  into  their  friendship  and  under  their  protection, 
and  to  extend  to  them,  from  time  to  time,  such  benefits  and  acts 
of  kindness  as  may  be  convenient  and  seem,  just  and  proper  to 
the  President  of  the  United  States. 

ARTICLE  3.  All  trade  and  intercourse  with  the  Poncar  tribe 
shall  be  transacted  at  such  place  or  places  as  may  be  designated 
and  pointed  out  by  the  President  of  the  United  States,  through 
his  agents;  and  none  but  American  citizens,  duly  authorized  by 
the  United  States,  shall  be  admitted  to  trade  or  hold  intercourse 
with  said  tribe  of  Indians. 

ARTICLE  4.  That  the  Poncar  tribe  may  be  accommodated 
with  such  articles  of  merchandize,  &c.,  as  their  necessaties  may 
demand,  the  United  States  agree  to  admit  and  license  traders  to 
hold  intercourse  with  said  tribe,  under  mild  and  equitable  regu 
lations,  in  consideration  of  which  the  Poncar  tribe  bind  them 
selves  to  extend  protection  to  the  persons  and  the  property  of 
the  traders,  and  the  persons  legally  employed  under  them,  whilst 
they  remain  within  the  limits  of  the  Poucar  district  of  country. 
And  the  said  Poncar  tribe  further  agree  that  if  any  foreigner, 
or  other  person  not  legally  authorized  by  the  United  States, 
shall  come  into  their  district  of  country  for  the  purposes  of 
trade  or  other  views,  they  will  apprehend  such  person  or  per 
sons  and  deliver  him  or  them  to  some  United  States  superin 
tendent,  or  agent  of  Indian  affairs,  or  to  the -commandant  of  the 
nearest  military  post,  to  be  dealt  with  according  to  law.  And 
they  further  agree  to  give  safe  conduct  to  all  persons  who  may 
be  legally  authorized  by  the  United  States  to  pass  through  their 
country,  and  to  protect,  in  their  persons  and  property,  all  agents 
or  other  persons  sent  by  the  United  States  to  reside  temporarily 
among  them. 

ARTICLE  5.  That  the  friendship  which  is  now  established  be 
tween  the  United  States  and  the  Poncar  tribe  should  not  be  inter 
rupted  by  the  misconduct  of  individuals,  it  is  hereby  agreed  that, 
for  injuries  done  by  individuals,  no  private  revenge  or  retaliation 
shall  take  place,  but  instead  thereof  complaints  shall  be  made 
by  the  party  injured  to  the  superintendent  or  agent  of  Indian 
affairs,  or  other  person  appointed  by  the  President;  and  it  shall 
be  the  duty  of  the  said  chiefs,  upon  complaint  being  made  as 
aforesaid,  to  deliver  up  the  person  or  persons  against  whom  the 
complaint  is  made,  to  the  end  that  he  or  they  may  be  punished, 
agreeably  to  the  laws  of  the  United  States.  And,  in  like  man 
ner,  if  any  robbery,  violence,  or  murder  shall  be  committed  on 
any  Indian  or  Indians  belonging  to  said  tribe,  the  person  or 
persons  so  offending  shall  be  tried,  and,  if  found  guilty,  shall  be 
punished  in  like  manner  as  if  the  injury  had  been  done  to  a  white 
man.  And  it  is  awed  that  the  chiefs  of  said  Poncar  tribe 


668 

29848  shall,  to  tbo  utmost  of  their  power,  exert  themselves  to  recover 

29849  horses  or  other  property  which  may  be  stolen  or  taken  from  any 

29850  citizen  or  citizens  of  the  United  States  by  any  individual  or  in- 

29851  dividuals  of  said  tribe,  and  the  property  so  recovered  shall  be 

29852  forthwith  delivered  to  the  agents  or  other  person  authorized  to 

29853  receive  it,  that  it  may  be  restored  to  the  proper  owner.     And  the 

29854  United  States  hereby  guaranty  to  any  Indian  or  Indians  of  said 

29855  tribe  a  full  indemnification  for  any  horses  or  other  property 

29856  which  may  be  stolen  from  them  by  any  of  their  citizens  :  Pro- 

29857  videcl,  That  the  property  so  stolen  cannot  be  recovered,  and 

29858  that  sufficient  proof  is  produced  that  it  was  actually  stolen  by  a 

29859  citizen  of  the  United  States.     And  the  said  Poncar  tribe  engage, 

29860  on  the  requisition  or  demand  of  the  President  of  the  United 

29861  States,  or  of  the  agents,  to  deliver  up  any  white  man  resident 

29862  among  them. 

29863  ARTICLE  6.  And  the  chiefs  and  warriors,  as  aforesaid,  prom- 

29864  ise  and  engage  that  their  tribe  will  never,  by  sale,  exchange,  or 

29865  as  presents,  supply  any  nation  or  tribe  of  Indians  not  in  amity 

29866  with  the  United  States  with  guns,  ammunition,  or  other  irnple- 

29867  inents  of  war. 

29868  Proclaimed  February  6,  1826. 


29869  PONCAKABS. 

29870  A  treaty  of  peace  and  friendship  made  and  concluded  between  Wil- 

29871  Ham  Clark  and  Auyuste  Chouteau,  commissioners  on  the  part 

29872  and  behalf  of  the  United  States  of  America,  of  the  one  part, 

29873  and  the  undersigned  chiefs  and  warriors  of  the  Poncar ar  tribe 

29874  of  Indians,  on  their  part  and  of  their  said  tribe  of  the  other 

29875  part. 

29876  The  parties  being   desirous  of  re-establishing  peace   and 

29877  friendship  between  the  United  States  and  their  said  tribe,  and 

29878  of  being  placed,  in  all  things  and  every  respect,  upon  the  same 

29879  footing  upon  which  they  stood  before  the  late  war  between  the 

29880  United  States  and  Great  Britain,  have  agreed  to  the  following 

29881  articles : 

29882  ARTICLE  1.  Every  injury  or  act  of  hostility  by  one  or  either 

29883  of  the  contracting  parties  against  the  other  shall  be  mutually 

29884  forgiven  and  forgot. 

29885  ARTICLE  2.  There  shall  be  perpetual  peace  and  friendship 

29886  between  all  of  the  citizens  of  the  United  States  of  America  and 

29887  all  the  individuals  composing  the  said  Poncarar  tribe ;  and  all 


669 

20888  the  friendly  relations  that  existed  between  them  before  the  war 

20880  shall  be,  and  the  same  are  hereby,  renewed. 

20800  ARTICLE  3.  The  undersigned  chiefs  and  warriors,  for  them- 

20801  selves  and  their  said  tribe,  do  hereby  acknowledge  themselves 

20802  to   be   under   the   protection  of  the  United  States  of  America, 

20803  and  of  no  other  nation,  power,  or  sovereign,  whatever. 

20804  Proclaimed  December  26,  1817. 


20805 


POTTAWOTTOMIES. 


20806  Articles  of  a  treaty  made  and  concluded  at  St.  Mary's,  in  the" State 

20807  of  Ohio,  between  Jonathan  Jennings,  Lewis  Cass,  and  Benja- 

20808  min  ParJce,  commissioners  of  the   United  States,  and  the  Pot- 
20800  awatamie  Nation  of  Indians. 


20000 
20001 
20002 
20003 
20004 
20005 
20006 
20007 
20008 
20000 
20010 
20011 
20012 
20013 
20014 
20015 
20016 
20017 
20018 
20010 
20020 
20021 
20022 
20023 
20024 
20025 
20026 
20027 


ARTICLE  1.  The  Potawatamie  Nation  of  Indians  cede  to 
the  United  States  all  the  country  comprehended  within  the  fol 
lowing  limits  :  Beginning  at  the  mouth,  of  theTippecanoe  River 
and  running  up  the  same  to  a  point  twenty-five  miles  in  a  direct 
line  from  the  Wabash  River ;  thence  on  a  line  as  nearly  paral 
lel  to  the  general  course  of  the  Wabash  River  as  practicable,  to 
a  point  on  the  Vermilion  River  twenty-live  miles  from  the  Wa 
bash  River  ;  thence  down  the  Vermilion  River  to  its  mouth,  and 
thence  up  the  Wabash  River  to  the  place  of  beginning.  The 
Potawatamies  also  cede  to  the  United  States  all  their  claim  to 
the  country  south  of  the  Wabash  River. 

ARTICLE  2.  The  United  States  agree  to  purchase  any  just 
claim  which  the  Kickapoos  may  have  to  any  part  of  the  country 
hereby  ceded  below  Pine  Creek.  (See  the  2d  article  of  the 
treaty  with  the  Kickapoos,  proclaimed  January  13,  1831,  p.  430.) 

ARTICLE  3.  The  United  States  agree  to  pay  to  the  Pota 
watamies  a  perpetual  annuity  of  two  thousand  five  hundred  dol 
lars  in  silver ,  one-half  of  which  shall  be  paid  at  Detroit,  and 
the  other  half  at  Chicago  $  and  all  annuities  which,  by  any  for 
mer  treaty,  the  United  States  have  engaged^to  pay  to  the  Pota 
watamies,  shall  be  hereafter  paid  in  silver. 

ARTICLE  4.  The  United  States  agree  to  grant  to  the  persons 
named  in  the  annexed  schedule  and  their  heirs  the  quantity  of 
land  therein  stipulated  to  be  granted  ;  but  the  land  so  granted 
shall  never  be  conveyed  by  either  of  the  said  persons,  or  their 
heirs,  unless  by  the  consent  of  the  President  of  the  United 
States. 

Proclaimed  January  15,  1810. 


29028  Schedule  referred  to  in  the  foregoing  treaty. 

29929  There  shall  be  grunted  to  James  Burnett,  Isaac  Burnett,  Jacob 

29930  Burnett,  and  Abraham  Burnett  two  sections  of  land  each,  and 

29931  to  Rebecca  Burnett  and  Nancy  Burnett  one  section  of  land 

29932  each  ;   which  said  James,  John,  Isaac,  Jacob,  Abraham,  Re- 

29933  becca,  and  Nancy  are  children  of  Cakimi,  a  Potawatamie  woman, 

29934  sister  of  Topinibe,  principal  chief  of  the  nation  ;  and  six  of  the 

29935  sections  herein  granted  shall  be  located  from  the  mouth  of  the 
2993(3  Tippecanoe  River,  down  the  Wabash  River,  and  the  other  six 

29937  [five]  sections  shall  be  located  at  the  mouth  of  Flint  River. 

29938  There  shall  be  granted  to  Perig,  a  Potawatamie  chief,  one 

29939  section  of  land  on  the  Flint  River,  where  he  now  lives.     There 

29940  shall  also  be  granted  to  Mary  Chatalie,  daughter  of  Neebosh,  a 

29941  Potawatamie  chief,  one  section  of  land,  to  be  located  below  the 

29942  mouth  of  Pine  River. 


29943  Articles  of  a  treaty  made  and  concluded  near  the  mouth  of  the  7!/i.v- 

29944  sistfineica,  upon  the  Wabash)  in  the  State  of  Indiana,  this  sixteenth 

29945  day  of  October,  in  the  year  of  our  Lord,  one  thousand  eight  hun- 
29940  dred  and   twenty-six,  between  Lewis  Cass,  James  B.  Ray,  and 

29947  John  Tipton,  commissioners  on  the  part  of  the  United  States,  and 

29948  the  chiefs  and  warriors  of  the  Potawatamie  tribe  of  Indians. 

29949  ARTICLE  1.  The  Potawatamie  tribe  of  Indians  cede  to  the 

29950  United  States  their  right  to  all  the  land  within  the  following 

29951  limits  :  Beginning  on  the  Tippecanoe  River  where  the  northern 

29952  boundary  of  the  tract  ceded  by  the  Potawatamies  to  the  United 

29953  States,  by  the  treaty  of  St.  Mary's,  in  the  year  of  our  Lord  one 

29954  thousand   eight  hundred   and  eighteen,  intersects  the   same ; 

29955  thence  in  a  direct  line  to  a  point  on  Eel  River   half  way  be- 

29956  tween  the  mouth  of  said  river   and  Pierish's  Village;  thence 

29957  up  Eel  River  to  Seek's  Village,  near  the  head  thereof;    thence 

29958  in  a  direct  line  to  the  mouth  of  a  creek  emptying  into  the  St. 

29959  Joseph's  of  the  Miami,  near  Metea's  Village  ;  thence  up  the  St. 
299GO  Joseph's  to  the  boundary -line  between  the  States  of  Indiana  and 
29961  Ohio;  thence  south  to  the  Miami;  thence  up  the  same  to  the 
2)962  reservation  at  Fort  Wayne ;  thence  with  the  lines  of  the  said 

29963  reservation  to  the  boundary  established  by  the  treaty  with  the 

29964  Miamies  in  one  thousand  eight  hundred  and  eighteen;  thence 

29965  with  the  said  line  to  the  Wabash  River;  thence  with  the  same 

29966  river  to  the  mouth  of  the  Tippecanoe  River,  and  thence  with 

29967  the  said  Tippecanoe  River  to  the  place  of  beginning.     And  the 

29968  said  tribe  also  cede  to  the  United  States  all  their  right  to  land 

29969  within  the  following  limits:  Beginning  at  a  point  upon   Lake 

29970  Michigan  ten  miles  due  north  of  the  southern  extreme  thereof; 


G71 

29971  miming  thence  duo  oast  to  the  land  ceded  by  the  Indians  to 

29972  the  United  States  by  the  treaty  of  Chicago  ;  thence  south   with 

29973  the  boundary  thereof  ten  miles  ;  thence  west  to  the  southern 

29974  extreme  of  Lake  Michigan  ;  thence  with  the  shore  thereof  to 

29975  the  place  of  beginning. 

29976  ARTICLE  2.  As  an  evidence  of-  the  attachment  which  the 

29977  Potawatamie  tribe  feel  towards  the  American  people,  arid  par- 

29978  ticularly  to  the  soil  of  Indiana,  and  with  a  view  to  demonstrate 

29979  their  liberality,  and  benefit  themselves  by  creating  facilities  for 

29980  travelling  and  increasing  the  value  of  their  remaining  country, 

29981  the  said  tribe  do  hereby  cede  to  the  United  States  a  strip  of 

29982  land,  commencing  at  Lake  Michigan  and  running  thence  to  the 

29983  Wabash  River,  one  hundred  feet  wide,  for  a  road,  and  also,  one 

29984  section  of  good  land  contiguous  to  the  said  road  for  each  mile 

29985  of  the  same,  and  also  for  each  mile  of  a  road  from  the  termina 

29986  tion  thereof  through  Indianapolis  to  the  Ohio  River,  for  the 

29987  purpose  of  making  a  road  aforesaid  from  Lake  Michigan,  by  the 

29988  way  of  Indianapolis,  to  some  convenient  point  on  the  Ohio  River. 

29989  And  the  general  assembly  of  the  State  of  Indiana  shall  have  a  right 

29990  to  locate  the  said  road  and  to  apply  the  said  sections,  or  the  proceeds 

29991  thereof,  to  the  making  of  the  same,  or  any  part  thereof ;  and  the  said 

29992  grant  shall  be  at  their  sole  disposal. (a) 

29993  ARTICLE  3.  In  consideration  of  the  cession  in  the  first  arti- 

29994  cle?  the  United  States  agree  to  pay  to  the  Potawattamie  tribe 

29995  an  annuity  of  two  thousand  dollars  in  silver,  for  the  term  of 

29996  twenty-two  years,  and  also  to  provide  and  support  a  blacksmith 

29997  for  them  at  some  convenient  point;  to  appropriate,  for  the  pur- 

29998  poses  of  education,  the  annual  sum  of  two  thousand  dollars,  as 

29999  long  as  the  Congress  of  the  United  States  may  think  proper,  to 

30000  be  expended  as  the  president  may  direct ;  and  also,  to  build  for 

30001  them  a  mill,  sufficient  to  grind  corn,  on  the  Tippecanoe  River, 

30002  and  to  provide  and  support  a  miller,  and  to  pay  them  annually 

30003  one  hundred  and  sixty  bushels  of  salt;  all  of  which  annuities 

30004  herein   specified  shall   be  paid    by  the  Indian  agent  at  Fort 

30005  Wayne. 

30006  ARTICLE  4.  The  commissioners  of  the  United  States  have 

30007  caused  to  be  delivered  to  the  Potawatamie  tribe  goods  to  the 

30008  value  of  thirty  thousand  five  hundred  and  forty-seven  dollars 

30009  and  seventy-one  cents  in  goods,  in  consideration  of  the  cession 

30010  in  the  first  article  of  this  treaty.     Now,  therefore,  it  is  agreed 

30011  that,  if  this  treaty  should  be  ratified  by  the  President  and  Sen- 

30012  ate  of  the  United   States,  the  United  States  shall  pay  to  the 

30013  persons  named  in  the  schedule  this  day  transmitted  to  the  War 

30014  Department,  and  signed  by  the  commissioners,  the  sums  affixed 

30015  to  their  names,  respectively,  for  goods  furnished  by  them,  and 

30016  amounting  to  the  said  sum  of  thirty  thousand  five  hundred  and 


672 

30017  forty-seven  dollars  and  seventy-one  cents;  and  also,  to  the  per- 

30018  sons  who  may  furnish  the  said  further  sum,  the  amount  of  nine 

30019  hundred  dollars   thus   furnished.     And  it  is  also  agreed  that 

30020  payment  for  all  these  goods  shall  be  made  by  the  Potawatamie 

30021  tribe  out  of  their  annuity,  if  this  treaty  should  not  be  ratified 

30022  by  the  United  States. 

30023  ARTICLE  5.  The  Potawatamie  tribe  being  anxious   to  pay 

30024  certain  claims  existing  against  them,  it  is  agreed  as  a  part  of 

30025  the  consideration  for  the  cessions  in  the  first  article  that  these 
3002G  claims,  which  are  stated  in  a  schedule  this  day  signed  by  the 
80027  commissioners,  and  transmitted  to  the  War  Department,  and 

30028  amounting  to  the  sum  of  nine  thousand  five  hundred  and  seventy  - 

30029  three  dollars. 

30030  ARTICLE  G.  The  United  States  agree  to  grant  to  each  of  the 

30031  persons  named  in  the  schedule  hereunto  annexed  the  quantity  of 

30032  land  therein  stipulated  to  be  granted;  but  the  land  so  granted 

30033  shall  never  be  conveyed  by  either  of  the  said  persons  or  their  heirs 

30034  without  the  consent  of  the  President  of  the  United  States  ;  and 

30035  it  is  also  understood  that  any  of  these  grants  may  be  expunged 

30036  from  the  schedule  by  the  President  or  Senate  of  the  United 

30037  States  without  affecting  any  other  part  of  the  treaty. 

30038  ARTICLE  7.  The  Potawatamie  Indians  shall  enjoy  the  right 

30039  of  hunting  upon  any  part  of  the  land  hereby  ceded  as  long  as 

30040  the  same  shall  remain  the  property  of  the  United  States. 

30041  ARTICLE  8.  The  President  and  Senate  of  the  United  States 

30042  may  reject  any  article  of  this  treaty,  except  those  wThich  relate 

30043  to  the  consideration  to  be  paid  for  the  cession  of  the  laud  ;  and 

30044  such  rejection  shall  not  affect  any  other  part  of  the  treaty. 

30045  ARTICLE  9.  This  treaty,  after  the  same  shall  be  ratified  by 

30046  the  President  and  Senate,  shall  be  binding  upon  the  United 

30047  States. 

30048  Proclaimed  February  7,  1827. 

30049  Schedule  of  grants  referred  to  in  the  foregoing  treaty. 

30050  To  Abraham  Burnett,  three  sections  of  land,   one  to   be 

30051  located  at,  and  to  include  Wynemac's  Village,  the  centre  of  the 

30052  line  on  the  Wabash  to  be  opposite  that  village,  and  running  up 

30053  and  down  the  river  one  mile  in  a  direct  line  and  back  for  quan- 

30054  tity,  the  two  other  sections  commencing  at  the  upper  end  of 

30055  the  prairie,  opposite  the  mouth  of  the  Passeanong  Creek,  and 

30056  running  down  two  miles  in  a  direct  line  and  back  for  quantity. 

30057  To  Nancy  Burnett,  Rebecca  Burnett,  James  Burnett,  and 

30058  William  Burnett,  each  one  section  of  land,  to  be  located  under 

30059  the  direction  of  the  President  of  the  United  States,  which  said 

30060  Abraham,  Nancy,  Rebecca,  and  James  are  the  children,  and  the 

30061  said   William  is  the   grand  child  of  Kaukeama,  the  sister    of 


673 


30062 
30063 
30064 
30065 
30066 
30067 
30068 
30069 
30070 
30071 
30072 
30073 
30074 
30075 
30076 
30077 
30078 
30079 
30080 
30081 
30082 
30083 
30084 
30085 
30086 
30087 
30088 
30089 
30090 
30091 
30092 
30093 
30094 
30095 
30096 
30097 
30098 
30099 
30100 
30101 
30102 
30103 
30104 
30105 
30106 
30107 
30108 


Topenibe,  the  principal  chief  of  the  Potawatamie  tribe  of  In- 
diaus. 

To  Eliza  C.  Kerch eval,  one  section  on  the  Miami  Eiver, 
commencing  at  the  first  place  where  the  road  from  Fort  Wayne 
to  Defiance  strikes  the  Miami  on  the  north  side  thereof,  about 
five  miles  below  Fort  Wayne,  and  from  that  point  running  half 
a  mile  down  the  river  and  half  a  mile  up  the  river,  and  back 
for  quantity. 

To  James  Knaggs,  son  of  the  sister  of  Okeos,  chief  of  the 
river  Huron  Potawatauiies,  one  half-section  of  land  upon  the 
Miami  where  the  boundary  line  between  Indiana  and  Ohio 
crosses  the  same. 

To  the  children  of  Joseph  Barrou,  a  relation  of  Eichard- 
ville,  principal  chief  of  the  Miamies,  three  sections  of  laud,  begin 
ning  at  the  mouth  of  Eel  Eiver,  running  three  miles  down  the 
Wabasli  in  a  direct  line,  thence  back  for  quantity. 

To  Zachariah  Cicott,  who  is  married  to  an  Indian  woman, 
one  section  of  land  below  and  adjoining  Abraham  Burnett's 
land,  and  to  be  located  in  the  same  way. 

To  Baptiste  Cicott,  Sophi  Cicott,  and  Emelia  Cicott,  children 
of  Zachariah  Cicott,  and  an  Indian  woman,  one  half-section  each 
adjoining  and  below  the  section  granted  to  Zachariah  Cicott. 

To  St.  Luke  Bertram!  and  Julia  Ann  Bertrand,  children  of 
Madeline  Bertrand,  a  Potawatamie  woman,  one  section  of  land, 
to  be  located  under  the  direction  of  the  President  of  the  United 
States. 

To  the  children  of  Stephen  Johnson,  killed  by  the  Potawa 
tamie  Indians,  one  half-section  of  land,  to  be  located  under  the 
direction  of  the  President  of  the  United  States. 

To  each  of  the  following  persons,  Indians  by  birth,  and  who 
are  now,  or  have  been,  scholars  in  the  Carey  Mission-School,  on 
the  St.  Joseph's,  under  the  direction  of  the  Eev.  Isaac  McCoy, 
one  quarter-section  of  land,  to  be  located  under  the  direction  of 
the  President  of  the  United  States,  that  is  to  say:  Joseph 
Bourissa,  Noaquett,  John  Jones,  Nuko,  Soswa,  Manotuk,  Betsey 
Ash,  Charles  Dick,  Susanna  Isaacs,  Harriet  Isaacs,  Betsey  Plum- 
mer,  Angelina  Isaacs,  Jemima  Isaacs,  Jacob  Corbly,  Konkapot, 
Celicia  Mmhatn,  Mark  Bourissa,  Jude  Bourissa,  Annowussau, 
Topenibe,  Terrez,  Sheskho,  Louis  Wilmett,  Mitchel  Wilmett, 
Lezett  Wilmett,  Esther  Baily,  Eesianu  Baily,  Eleanor  Baily, Queh- 
kua,  William  Turner,  Chaukenozwoh,  Lazarus  Bourissa,  Achan 
Bourissa,  Achemukquee,  Wesauwau,  Peter  Moos'e,  Ann  Sharp, 
Joseph  Wolf,  Misnoqua,  Pomoqua,  Wymego,  Cheekeh,  Wauwos- 
semoqua,  Meeksumau,  Kakautmo,  Eichard  Clements,  Louis 
M^eff,  Shoshqua,  Nscotenama,  Chikawketeh,  Mnsheewoh, 
Saugaua,  Msonkqua,  Muitoqua,  Okutcheek,  Naomi  G.  Browning, 
Antoiue,  St.  Antoine,  Mary,  being  in  all  fifty-eight. 
85  I  T 


674 

30109  To  Jane  Martin  and  Betsey  Martin,  of  Indian  descent,  each 

30110  one  section  of  land,  to  be  located  under  the  direction  of  the  Pres- 

30111  ideut  of  the  United  States. 

30112  To  Mary  St.  Combe,  of  Indian  descent,  one  quarter  section  of 

30113  laud,  to  be  located  under  the  direction  of  the  President  of  the 

30114  United  States. 

30115  To  Francois  Dequindre,  of  Indian  descent,  one  section  of  land, 

30116  to  be  located  under  the  direction  of  the  President  of  the  United 

30117  States. 

30118  To  Baptiste  Jutreace.  of  Indian  descent,  one  half-section  of 

30119  land,  to  be  located  under  the  direction  of  the  President  of  the 

30120  United  States. 

30121  To  John  B.  Bourie,  of  Indian  descent,  one  section  of  land,  to 

30122  be  located  on  the  Miami  Eiver,  adjoining  the  old  boundary-line 

30123  below  Fort  Wayne. 

30124  To  Joseph  Parks,  an  Indian,  one  section  of  land,  to  be  located 

30125  at  the  point  where  the  boundary-line  strikes  the  St.  Joseph's, 
3012G  near  Metea's  Village. 

30127  To  George  Cicott,  a  chief  of  t  he  Potawatamies,  three  sections 

30128  and  a  half  of  land,  two  sections  and  a  half  of  which  to  be  located 

30129  on  the  Wabash,  above  the   mouth  of  Crooked  Creek,  running 

30130  two  miles  and  a  half  up  the  river,  and  back  tor  quantity,  and  the 

30131  remaining  section  at  the  falls  of  Eel  River,  on  both  sides  thereof. 

30132  To  James  Conner,  one  section  of  land  ;  to  Henry  Conner,  one 

30133  section,  and  to  William  Conner,  one  section,  beginning  opposite 

30134  the  upper  end  of  the  Big  Island,  and  running  three  miles  in  a 

30135  direct  line  down  the  Wabash,  and  back  for  quantity. 

30130  To  Hyacinth  Lassel,  two  sections  of  land,  to  be  located  under 

30137  the  direction  of  the  President  of  the  United  States. 

30138  To  Louison,  a  half  Potawatamie,  two  sections  of  land,  to  be 

30139  located  under  the  direction  of  the  President  of  the  United  States. 

30140  Treaty  with  Potawatamies,  made  September  19,  1827. 

30141  In  order  to  consolidate  some  of  the  dispersed  bands  of  the 

30142  Potawatamie  tribe  in  the  Territory  of  Michigan  at  a  point  re 

30143  moved  from  the  road  leading  from  Detroit  to  Chicago,  and  as 

30144  far  as  practicable  from  the  settlements  of  the  whites,  it  is  agreed 

30145  that  the  following  tracts  of  land,  heretofore  reserved  for  the  use 

30146  of  the  said  tribe,  shall  be,  and  they  are  hereby,  ceded  to  the 

30147  United  States : 

30148  Two  sections  of  land  on  the  river  Eouge.  at  Seginsairn's 

30149  Village; 

30150  Two  sections  of  land  at  Tonguish  Village,  near  the  river 

30151  Eouge. 

30152  That  part  of  the  reservation  at  Macon,  on  the  river  Eaisiu, 

30153  which  yet  belongs  to  the  said  tribe,  containing  six  sections,  ex- 


675 


30154 
,30155 
30156 
30157 
30158 
30159 
30160 
30161 
30162 
30163 
30164 
30165 
30166 
30167 
30168 
30160 
30170 
30171 
30172 
30173 
30174 
30175 
30176 
30177 
30178 
30170 
30180 
30181 
30182 
30183 
30184 
30185 
30186 
30187 
30188 
30189 
30190 
30191 
30192 


ceptiug  therefrom  one-half  of  a  section  where  tbe  Potawatamie 
chief  Moran  resides,  which  shall  be  reserved  for  his  use. 

One  tract  at  Mang-ach-qua  Village,  on  the  river  Peble,  of  six 
miles  square. 

One  tract  at  Mickesawbe,  of  six  miles  square. 

One  tract  at  the  village  of  Prairie  Eonde,  of  three  miles 
square. 

One  tract  at  the  village  of  Match-e-be-nash-she-wish,  at  the 
head  of  the  Kekalamazoo  River,  of  three  miles  square,  which 
tracts  contain  in  the  whole  ninety -nine  sections  and  one  half 
section  of  land. 

And  in  consideration  of  the  preceding  cession,  there  shall  be 
reserved  for  the  use  of  the  said  tribe,  to  be  held  upon  the  same 
terms  on  which  Indian  reservations  are  usually  held,  the  follow 
ing  tracts  of  laud: 

Sections  numbered  five,  six,  seven,  and  eight,  in  the  fifth 
township,  south  of  the  base-line,  and  in  the  ninth  range  west  of 
the  principal  meridian  in  the  Territory  of  Michigan. 

The  whole  of  the  fifth  township  south,  in  the  tenth  range 
west,  not  already  included  in  the  Xottawa  Sape  reservation. 

Sections  numbered  one,  two,  eleven,  twelve,  thirteen,  four 
teen,  twenty-three,  twenty-four,  twenty-five,  twenty-six,  thirty- 
five,  and  thirty-six,  in  the  fifth  township  south,  and  eleventh 
range  west. 

The  whole  of  the  fourth  township  south,  in  the  ninth  range 
west. 

Sections  numbered  eight,  seventeen,  eighteen,  nineteen, 
twenty,  twenty-nine,  thirty,  thirty-one,  and  thirty-two  in  the 
fourth  township  south,  and  ninth  range  west. 

Sections  numbered  one,  two,  eleven,  twelve,  thirteen,  four 
teen,  twenty-three,  twenty-four,  twenty -five,  twenty-six,  thirty- 
five,  and  thirty-six  in  the  fourth  township  south,  and  eleventh 
range  west. 

Which  tracts  of  laud  will  form  a  continuous  reservation, 
and  contain  ninety-nine  sections. 

After  this  treaty  shall  be  ratified  by  the  President  and  Sen 
ate,  the  same  shall  be  obligatory  on  the  United  States  and  the 
said  tribe  of  Indians. 

Proclaimed.  February  23,  1829. 


676 

30193  Articles  of  a  treaty  made  and  concluded  at  the  missionary  estab- 

30194  lishments  upon  the  8t,  Joseph,  of  Lake  Michigan,  in  the  Terri- 

30195  tory  of  Michigan,  this  20th  day  of  September,  in  the  year  of  our 

30196  Lord  one  thousand   eight   hundred  and  twenty-eight,  beticeen 
31)197  Lewis  Cass  and  Pierre  Menard,  commissioners  on  the  part  of 

30198  the  United  States,  and  the  Potowatami  tribe  of  Indians. 

30199  ARTICLE  1.  The  Potowatami  tribe  of  Indians  cede  to   the 

30200  United  States  the  tract  of  land  included  within  the  following 

30201  boundaries: 

30202  1st.  Beginning  at  the  mouth  of  the  St.  Joseph    of    Lake 

30203  Michigan,  and  thence  running  up  the  said  river  to  a  point  on 

30204  the    same    river     half  way  between    La-vache-qui-pisse    and 

30205  Macousin  Village;  thence  in  a  direct  line  to  the  19th-mile  tree, 
3020G  on  the  northern   boundary-line    of  the  State  Indiana;  thence 

30207  with  the  same  west  to  Lake  Michigan ;  and  thence  with  the 

30208  shore  of  the  said  lake  to  the  place  of  beginning. 

30209  2.  Beginning  at  a  point  on  the  line  run  in  1817,  due  east 

30210  from  the  southern  extreme  of  Lake  Michigan,  which  point  is  due 

30211  south  from  the  head  of  the  most  easterly  branch  of  the  Kanke- 

30212  kee  Eiver,  and  from  that  point  running  south  ten  miles  ;  thence 

30213  in  a  direct  line  to  the  northeast  corner  of  Flatbelly's  reservation  ; 

30214  thence  to  the  northwest  corner  of  the  reservation  at   Seek's 

30215  Village;  thence  with   the   lines  of  the  said   reservation,  and 

30216  of  former  cessions,   to  the  line  between  the  States  of   Indi- 

30217  ana  and  Ohio ;  thence,  with  the  same  to  the  former-described 

30218  lined,   running  due  east   from  the  southern   extreme  of  Lake 

30219  Michigan  ;  thence,  with  the  said  line,  to  the  place  of  beginning. 

30220  ARTICLE  2.  In  consideration  of  the  cessions  aforesaid,  there 

30221  shall  be  paid  to  the  said  tribe  an  additional  permanent  annuity 

30222  of  two  thousand  dollars,  and  also  an  additional  annuity  of  one 

30223  thousand   dollars  for  the   term  of  twenty  years ;  goods  to  the 

30224  value  of  thirty  thousand  dollars  shall  be  given  to  the  said  tribe, 

30225  either  immediately  after  signing  this  treaty  or  as  soon  there- 

30226  after  as  they  can  be  procured ;  an  additional  sum  of  ten  thou- 

30227  sand  dollars  in  goods,  and  another  of  five  thousand  dollars  in 

30228  specie  shall  be  paid  to  them  in  the  year  1829. 

30229  The  sum  of  seven  thousand  five  hundred  dollars   shall  be 

30230  expended  for  the  said  tribe,  under  the  direction  of  the  Presi- 

30231  dent  of  the  United  States,  in  clearing  and  fencing  land,  erecting 

30232  houses,  purchasing  domestic  animals  and  farming  utensils,  and 

30233  in  the  support  of  labourers  to  work  for  them. 

30234  Two  thousand  pounds  of  tobacco,  fifteen  hundred  weight  of 

30235  iron,   and  three  hundred   and   fifty  pounds  of  steel,  shall   be 

30236  annually  delivered  to  them. 

30237  One  thousand  dollars  per  annum   shall  be  applied  for  the 


677 

30238  purposes  of  education,  as  long  as  Congress  may  think  tbe  ap- 

30239  propriation  may  be  useful. 

30240  One  hundred  dollars,  in  goods,  shall  be  annually  paid  to 

30241  To-pen-i-be-the,   principal  chief  of  the   said  tribe,  during  his 

30242  natural  life.  The  blacksmith,  stipulated  by  the  treaty  of  Chicago 

30243  to  be  provided  for  the  term  of  fifteen  years,  shall  be  permanently 

30244  supported  by  the  United  States. 

30245  Three  labourers  shall  be  provided,  during  four  months  of  the 

30246  year,  for  ten  years,  to  work  for  the  band,  living  upon  the  reser- 

30247  vation  south  of  the  St.  Joseph. 

30248  ARTICLE  3.  There  shall  be  granted  to  the  following  persons, 

30249  all  of  whom  are  Indians  by  descent,  the  tracts  of  land  hereafter 

30250  mentioned,  which    shall  be  located  upon   the  second  cession 

30251  above  described,  where  the  President  of  the  United  States  may 

30252  direct,  after  the  country  may  be  surveyed,  and  to  correspond 

30253  with  surveys,  provided  that  no  location  shall  be  made  upon  the 

30254  Elkheart  Prairie,  nor  within  five  miles  of  the  same;  nor  shall 

30255  the  tracts  granted   be   conveyed  by  the   grantees,  without  the 

30256  consent  of  the  President  of  the  United  States. 

30257  To  Sah-ne-mo-quaw,  wife  of  Jean  B.  Dutrist,  one  half-sec- 

30258  tiou  of  land. 

30259  To  Way-pe-nah-te-ino-quay,  wife  of  Thomas  Robb,  one  half 

30260  section  of  land. 

30261  To  Me-no-ka-mick-quay,  wife  of  Edward  McCarty,  one  half 

30262  section  of  land. 

30263  To  Ship-pe>shick-quay,  wife  of  James  Wymau,  one  half-sec- 

30264  tiou  of  land. 

30265  To  Assappo,  wife  of  Antoine  Gamliu,  one  half-section  of 

30266  land. 

30267  To  Moahquay,  wife  of  Eichard  Chabert,  one  half-section  of 

30268  land. 

30269  To  Me-shaw-ke-to-quay,  wife  of  George  Cicot,  two  sections 

30270  of  land. 

30271  To  Mary  Prejean,  wife  of  Louis  St.  Combe,  one  section  of 

30272  land. 

30273  To  To-pe-uaw-koung,  wife  of  Peter  Langlois,  one  section  of 

30274  land. 

30275  To  Au-bee-nan  bee,  a  Potowatami  chief,  two   sections  of 

30276  land. 

30277  To  Me-che-hee,  wife  of    Charles  Minie.  a  half-section  of 

30278  land. 

30279  To  Louison,  a  Potowatamie,  a  reservation  of  one  section,  to 

30280  include  his  house  and  corn-field. 

30281  To  Kes-he-wa  quay,  wife  of  Pierre  P.  .Navarre,  one  section 

30282  of  laud. 

30283  To  Benac,  a  Potowatami,  one  section  of  land. 


678 

30284  To  Pe-pe-ue-way,  a  chief,  one  section  of  land. 

30285  To  Pierre  Le  Clair,  one  section  of  land. 

30286  To  Betsey  Ducbarme,  one  half  section  of  land.    The  sec- 

30287  tion  of  land  granted  by  the  treaty  of  Chicago  to  Nancy  Bur- 

30288  nett,  now  Nancy  Davis,  shall  be  purchased  by  the  United  States, 

30289  if  the  same  can  be  done  for  the  sum  of  one  thousand  dollars. 

30290  To  Madeleine  Bertram!,  wife  of  Joseph  Bertrand,  one  sec- 

30291  tiou  of  laud. 

30292  ARTICLE  4.  The  sum  of  ten  thousand  eight  hundred  and 

30293  ninety-five  dollars  shall  be  applied  to  the  payments  of  certain 

30294  claims  against  the  Indians,  agreeably  to  a  schedule  of  the  said 

30295  claims  hereunto  annexed. (a) 

30296  ARTICLE  5.  Circumstances  rendering  it  probable  that  the 

30297  missionary  establishment   now  located    upon  the    St.   Joseph 

30298  may  be  compelled  to  remove  west  of  the  Mississippi,  it  is  agreed 

30299  that  when  they  remove  the  value  of  their  buildings  and  other 

30300  improvements  shall  be  estimated,  and  the  amount  paid  by  the 

30301  United  States.    But,  as  the  location  is  upon  the  Indian  reserva- 

30302  tion,  the  commissioners  are  unwilling  to  assume  the  responsibil- 

30303  ity  of  making  this  provision  absolute,  and  therefore  its  rejection 

30304  is  not  to  affect  any  other  part  of  the  treaty. 

30305  ARTICLE  6.  This  treaty  shall  be  obligatory  after  the  same 

30306  has  been  ratified  by  the  President  and  Senate  of  the  United 

30307  States. 

30308  Proclaimed  January  7,  1829. 

30309  After  the  signature  of  the  treaty,  and  at  the  request  of  the 

30310  Indians,  it  was  agreed  that  of  the  ten  thousand  dollars  stipu- 

30311  lated  to  be  delivered  in  goods,  in  1829,  three  thousand  dollars 

30312  shall  be  delivered  immediately,  leaving  seven  thousand  dollars 

30313  in  goods  to  be  delivered  in  1829. 

30314  The  reservation  of  Pe.  Langlois1  wife  to  be  located  upon  the 

30315  north  side  of  Eel  River,  between  Peerish's  Village  and  Louison's 

30316  reservation. 

30317  The  reservation  of  Betsey  Ducharme  to  be  located  at  Loui- 

30318  son's  Bun. 


30319  Schedule  of  claims  referred  to  in  the  fourth  article  of  the  treaty  of 

30320  the  20th  September,  1828,  with  the  Pottawatamie  Indians. 

30321  Thomas  Robb,  $200,  for  goods  heretofore  sold  to  the  Indians. 

30322  McGeorge,  $300,  for  provisions  sold  to  the  Indians. 

30323  Jno.  B.  Godfroy,  $200,  for  goods  heretofore  sold  to  the  Jn- 

30324  dians. 

30325  Jno.  P.  Hedges,  $200,  for  goods  heretofore  delivered  to  the 

30326  Indians. 


()7(J 

30327  Joseph  Allen,  $145,  for  horses  stolen  from  him  by  the  In- 

30328  dians  while  he  was  surveying. 

30329  Jean  B.  Bourre,  700,  for  goods  furnished  the  Indians,  a 

30330  part  of  them  in  relation  to  this  treaty. 

30331  Thomas  Forsyth,  $200,  for  goods  heretofore  sold  to  the  In- 

30332  dians. 

30333  S.JEanna  &  Co.,  $100,  for  goods  heretofore  sold  to  the  In- 

30334  dians. 

30335  Gabriel  Godfrey,  jr.,  $500,  for  goods  heretofore  sold  to  the 

30336  Indians. 

30337  Timothy  S.  Smith,  $100,  for  goods  heretofore  sold  to  the  In- 

30338  diaus. 

30339  W.  G.  and  G.  W.  Ewings,  $200,  for  goods  heretofore  sold  to 

30340  the  Indians. 

30341  Joseph  Bertram!,  $2,000,  for  goods  heretofore  sold  to  the 

30342  Indians. 

30343  To  Eleanor  Kinzie  and  her  four  children,  by  the  late  John 

30344  Kiuzie,  $3,500,  in  consideration  of  the  attachment  of  the  Indians 

30345  to  her  deceased  husband,  who  was  long  an  Indian  trader,  and 
3034G  who  lost  a  large  sum  in  the  trade  by  the  credits  given  to  them, 

30347  and  also  by  the  destruction  of  his  property.     The  money  is  in 

30348  lieu  of  a  tract  of  land  which  the  Indians  gave  the  late  John 

30349  Kinzie  long  since,  and  upon  which  he  lived. 

30350  Robert  A.  Forsyth,  $1,250,  in  consideration  of  the  debts  due 

30351  from  the  Indians  to  his  late  father,  Robert  A.  Forsyth,  who  was 

30352  long  a  trader  among  them,  and  who  was  assisted  by  his  son,  the 

30353  present  R.  A.  Forsyth.    The  money  is  in  lieu  of  a  tract  of  land 

30354  which  the  Indians  gave  to  the  late  R.  A.  Forsyth,  since  renewed 

30355  to  the  present  R.  A.  Forsyth,  upon  which  both  of  them  hereto- 
3035G  fore  lived. 

30357  Jean  B.  Comparet,  $500,  for  goods  heretofore  sold  to  the 

30358  Indians. 

30359  G.  and  D.  Dousseau,  $100,  for  goods  heretofore  sold  to  the 

30360  Indians. 

30361  P.  F.  Navarre,  $100,  for  goods  heretofore  sold  to  the  Indians. 

30362  Francis  Paget,  $100,  for  goods  heretofore  sold  to  the  Indians. 

30363  G.  O.  Hubbard,  $200,  for  goods  heretofore  sold  to  the  In 

30364  diaus. 

30365  Alexis  Coquillard,  $200,  for  goods  heretofore  sold  to  the  In- 

30366  dians. 

30367  Amounting,  in  the  whole,  to  the  sum  of  ten  thousand  eight 

30368  hundred  and  ninety-five  dollars. 

30369  LEW.  CASS, 

30370  PIERRE  MENARD. 


680 

30371  Articles  of  a  treaty  made  and  concluded  on  Tippecanoe  Elver,  in  the 

30372  State  of  Indiana,  between  Jonathan  Jennings,  John  W.  Davis, 

30373  and  Marks  Grume,  commissioners  on  the  part  of  the  United 

30374  States,  and  the  chiefs,  head-men,  and  warriors  of  the  Pottaicat- 

30375  iinie  Indians,  this  tiventy-sixth  day  of  October,  in  the  year  eight- 
3037G  teen  hundred  and  thirty-tiro. 

30377  ARTICLE  1.  The  chiefs,  head-nieii,  and  warriors  aforesaid, 

30378  agree  to  cede  to  the  United  States  their  title  and  interest  to  lands 

30379  in  the  State  of  Indiana,  (to  wit:)  beginning  at  a  point  on  Lake 

30380  Michigan  where  the  line  dividing  the  States  of  Indiana  and 

30381  Illinois  intersects  the  same ;  thence  with  the  margin  of  said 

30382  lake  to  the  intersection  of  the  southern  boundary  of  a  cession 

30383  made  by  the  Pottawatimies,  at  the  treaty  of  the  Wabash,  of 

30384  eighteen  hundred  and  twenty-six  ;  thence  east  to  the  northwest 

30385  corner  of  the  cession  made  by  the  treaty  of  St.  Joseph's,  in  eighteen 
3038G  hundred  and  twenty-eight;  thence  south  ten  miles ;  thence  with 

30387  the  Indian  boundary-line  to  the  Michigan  road ;  thence  south 

30388  with  said  road  to  the  northern  boundary-line,  as  designated  in 

30389  the  treaty  of  eighteen  hundred  and  twenty-six  with  the  Potta- 

30390  watimies;    thence  west  with  the  Indian  boundary-line  to  the 

30391  lliver  Tippecanoe ;  thence  with  the  Indian  boundary-line,  as 

30392  established  by  the  treaty  of  eighteen  hundred  and  eighteen,  at 

30393  St.  Mary's,  to  the  line  dividing  the  States  of  Indiana  and  Illi- 

30394  nois ;  and  thence  north,  with  the  line  dividing  the  said  States, 

30395  to  the  place  of  beginning. 

3039G  ARTICLE  2.  From  the  cession  aforesaid,  the  following  reser. 

30397  vations  are  made,  (to  wit:) 

30398  For  the  band  of  Aub-be-naub-bee,  thirty-six  sections,  to  in- 

30399  elude  his  village. 

30400  For  the  bauds  of  Men-o-rni-iiee,  No-taw-kah,  Muck-kah-tah- 

30401  nio-way,  and  Pee-pin-oh-waw,  twenty-two  sections. 

30402  For  the  bands  of  O-kaw-wause,  Kee-waw-nay,  and  Nee-bosh , 

30403  eight  sections. 

For  J.  B.  Shadernah,  one  section  of  land  in  the  Door  Prai- 

30405  rie,  where  he  now  lives. 

For  the  band  of  Com-o-za,  two  sections. 

30407  For  the  band  of  Mah-che-saw,  two  sections. 

30408  For  the  band  of  Mau-ke-kose,  six  sections. 

30409  For  the  bands  of  Nees-waug-gee,  and  Quash-qua,  three  sec- 

30410  tions. 

ARTICLE  3.  In  consideration  of  the  cession  aforesaid,  the 
United  States  agree  to  pay  to  the  Pottawatimie  Indians  an  an- 

413  imity  for  the  term  of  twenty  years  of  twenty  thousand  dollars, 
and  will  deliver  to  them  goods  to  the  value  of  one  hundred  thou- 

415  sand  dollars,  so  soon  after  the  signing  of  this  treaty  as  they  can 


681 


30416 

30417 

30418 

30419 

80420 

30421 

30422 

30423 

30424 

30425 

30426 

30427 

30428 

30429 

30430 

30431 

30432 

3043:5 

30434 

30435 

30430 

30437 

30438 

30439 

30440 

30441 

30442 

30443 

30444 

30445 

30446 

30447 

30448 

30449 

30450 

30451 

30452 

30453 

30454 

30455 

30456 

30457 

30458 

30459 

30460 

30461 


be  procured ;  and  a  further  sum  of  thirty  thousand  dollars  in 
goods  shall  be  paid  to  them  in  the  year  eighteen  hundred  and 
thirty-three  by  the  Indian  agent  at  Eel  Eiver. 

ARTICLE  4.  The  United  States  agree  to  pay  the  debts  due 
by  the  Pottawatimies,  agreeably  to  a  schedule  hereunto  annexed, 
amounting  to  sixty-two  thousand  four  hundred  and  twelve  dol 
lars. 

ARTICLE  5.  The  United  States  agree  to  provide  for  the 
Pottawatimies,  if  they  shall  at  any  time  hereafter  wish  to  change 
their  residence,  an  amount,  either  in  goods,  farming  utensils, 
and  such  other  articles  as  shall  be  required  and  necessary,  in 
good  faith,  and  to  an  extent  equal  to  what  has  been  furnished 
any  other  Indian  tribe  or  tribes  emigrating,  and  in  just  propor 
tion  to  their  numbers. 

ARTICLE  6.  The  United  States  agree  to  erect  a  saw-mill  on 
their  lands,  under  the  direction  of  the  President  of  the  United 
States. 

After  the  signing  of  this  treaty,  and  at  the  request  of  the 
Indians,  five  thousand  one  hundred  and  thirty-five  dollars  were 
applied  to  the  purchase  of  horses,  which  were  purchased  and 
delivered  to  them,  under  our  direction,  leaving  ninety-four 
thousand  eight  hundred  and  sixty-five  dollars  to  be  paid  in  mer 
chandize. 

It  is  agreed  that  the  United  States  will  satisfy  the  claims 
mentioned  in  the  following  schedule,  as  provided  for  in  the  fourth 
article  of  the  foregoing  treaty,  viz  : 

To  Andrew  Waymire,  forty  dollars. 

Zacheriah  Cicott,  nine  hundred  and  fifty  dollars. 

II.  Lassell,  senior,  four  thousand  dollars. 

Silas  Atchison,  two  hundred  and  twenty  dollars. 

Alexander  McAllister,  two  hundred  and  twenty  dollars. 

Walker  and  Davis,  fifteen  hundred  dollars. 

Walker,  Carter  &  Co.,  five  thousand  six  hundred  dollars. 

Edward  McCartney,  one  thousand  dollars. 

F.  E.  Kintner,  six  hundred  and  twenty  dollars. 

Joseph  Trucky,  one  hundred  dollars. 

J.  Yigus  &  C.  Taber,  eight  hundred  and  fifty  dollars. 

James  Burnit,  six  hundred  dollars. 

Samnel  Hanua,  executor  of  Abraham  Buruet,  three  hundred 
and  fifty  dollars. 

James  Hickman,  sixty  dollars. 

William  Scott,  two  hundred  and  fifty  dollars. 

M.  Harse,  seventy  dollars. 

Emmersou  and  Huutington,  assignees  of  Willis  Fellows, 
four  thousand  five  hundred  dollars. 

W.  G.  and  G.  W.  Ewiug,  one  thousand  dollars. 
86  I  T 


682 

30462  Peter  Barren,  seventeen  hundred  and  sixty-six  dollars. 

30463  Hamilton  &Taber,  seven  hundred  and  thirty-seven  dollars. 

30464  Skelton  &  Scott,  six  hundred  and  fifty  dollars. 

30465  Cyrus  Taber,  three  hundred  and  fifty  dollars. 

30466  G.  S.  Hubbard,  one  thousand  dollars. 

30467  Moses  Rice,  one  hundred  dollars. 

30468  John  E.  Hunt,  three  thousand  two  hundred  and  sixteen 

30469  dollars. 

30470  John  Baldwin,  one  thousand  dollars. 

30471  Louis  Drouillard,  sixty-eight  dollars. 

30472  George  Crawford,  eighty  dollars. 

30473  Thomas  Hall,  forty  dollars. 

30474  John  B.  Duret,  four  hundred  dollars. 

30475  Anthony  Gainbin,  three  hundred  dollars. 

30476  Joseph  Barron,  seven  hundred  and  ninety-six  dollars. 

30477  James  H.  Kintner,  three  hundred  and  fifty-seven  dollars. 

30478  John  B.  Bourie,  five  hundred  dollars. 

30479  Henry  Ossuin,  nine  hundred  dollars. 

30480  Samuel  Hanna,  fifteen  hundred  dollars. 

30481  Barnet  &  Hanna,  three  thousand  five  hundred  dollars. 

30482  Todd  &  Vigus,  six  thousand  five  hundred  and  thirteen  dol- 

30483  lars. 

30484  Allen  Hamilton,  seven  hundred  dollars. 

30485  \V.  G.  and  G.  YV.  Ewiug,  three  thousand  dollars. 

30486  George  F.  Turner,  two  hundred  dollars. 

30487  Peter  Longlois,  two  thousand  five  hundred  dollars. 

30488  Thomas  Robb,  eight  hundred  and  forty  dollars. 

30489  The  estate  of  George  Cicott,  deceased,  fifteen  hundred  dol- 

30490  lars. 

30491  George  C.  Spencer,  one  hundred  and  fifty-seven  dollars. 

30492  John  T.  Douglass,  one  hundred  dollars. 

30493  W.  G.  and  G.  W.  Ewing,  seven  hundred  and  sixteen  dollars. 

30494  H.  B.  M'Keeu,  six  hundred  dollars. 

30495  Joseph  Bertram!,  senior,  fifteen  hundred  dollars. 

30496  George  C.  Spencer,  three  hundred  dollars. 

30497  Jesse  Buzann,  three  hundred  and  sixteen  dollars. 

30498  Joseph  Douglass,  four  hundred  and  fifty  dollars. 

30499  John  Smith,  four  hundred  and  eighty  dollars. 
3D500  Moses  Barnett,  eight  hundred  and  forty-five  dollars. 

30501  Harison  Barnett,  two  hundred  and  sixty-seven  dollars. 

30502  Lot  Bozarth,  ninety  dollars. 

30503  Silas  Alchison,  two  hundred  and  forty- four  dollars. 

30504  Harrison  Barnett  &  Co.,  one  hundred  and  seventy-eight 

30505  dollars. 

30306  James  Elliott,  one  hundred  and  nineteen  dollars. 

30507  Alexander  Smith,  one  hundred  dollars. 


683 

30508  Walker,  Carter  &  Co.,  four  hundred  and  four  dollars. 

30509  John  Forsyth,  amr.,  &c.,  of  Thomas  Forsyth,  four  hundred 

30510  and  seventy-three  dollars. 

30511  John  Forsyth,  six  hundred  dollars. 

30512  Proclaimed  January  21,  1833. 

30513  Articles   of  a    treaty    made  and  concluded    at  the  Potawattimie 

30514  mills,  in  the  State  of  Indiana,  on  the  sixteenth  day  of  Decem- 

30515  ber,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 

30516  thirty-four,  between    William   Marshall,  commissioner  on  the 

30517  part  of  the  United  States,  and  the  chiefs,  head-men,  and  war- 

30518  r-iors  of  the  Potawattamis  Indians. 

30"19  ARTICLE  1.  The  chiefs,  head-men,  and  warriors  aforesaid 

30520  agree  to  cede  to  the  United  States  their  title  and  interest  to  a 

30521  reservation  made  to  them  at  the  treaty  on  the  Tippecauoe  River 

30522  on  the  27th  day  of  October,  1832,  (proclaimed  21  January,  1833  ; 

30523  see  treaty  next  preceding,)  of  two  sections  of  land,  to  include 

30524  their  mills  on  said  river. 

30525  ARTICLE  2.  In  consideration  of  the  cession  aforesaid  the 

30526  United  States  agree  to  pay  the  Potawattimie  Indians,  at  the 

30527  payment  of  their  annuities  in  1835,  the  sum  of  seven  hundred 

30528  dollars  in  cash,  and  pay  their  just  debts  agreeably  to  a  schedule 

30529  hereunto  annexed,  amounting  to  nine  hundred  dollars. 

30530  ARTICLE  3.  The  miller  provided  for  by  the  3d  article  of  the 

30531  treaty  with  the  Potawattimie  tribe  of  Indians  on  the  sixteenth 

30532  day  of  October,  in  the  year  eighteen  hundred  and  twenty-six,  is 

30533  not  to  be  supported  by  the  United  States,  and  to  cease  from  and 

30534  after  the  signing  of  this  treaty. 

30535  ARTICLE  4.  This  treaty  shall  be  binding  upon  both  parties 

30536  from  the  date  of  its  ratification  by  the  President  and  Senate  of 

30537  the  United  States. 

30538  .        Proclaimed  March  16,  1835. 

30539  A  PROCLAMATION 

30540  By  the  President  of  the  United  States  of  America. 

30541  To  all  and  singular  to  whom  these  presents  shall  come,  greeting  : 

30542  Whereas  a  treaty  was  made  and  concluded  at  the  Potta- 

30543  watomie  agency  on  the  Kansas  River,  in  the  State  of  Kansas, 

30544  on  the  fifteenth  day  of  November,  one  thousand  eight  hundred 

30545  and  sixty-one,  between  William  W.  Ross,  commissioner  on  the 

30546  part  of  the  United  States,  and  the  chiefs,  braves,  and  head-men 

30547  of  the  Potta watomie  Nation  of  Indians,  on  the  part  of  said 

30548  nation ;  and 

30549  Whereas  the  said  treaty  having  been  submitted  to  the  Senate 


684 

30550  of  the  United  States  for  its  constitutional  action  thereon,  the 

30551  Senate  did,  by  its  resolution  of  the  fifteenth  day  of  April,  one 

30552  thousand  eight  hundred  and  sixty-two,  advise  and  consent  to 

30553  the  ratification  of  said  treaty  with  certain  amendments  ;  and 

30554  Whereas  said  nation  of  Indians  did,  on  the  seventeenth  day 

30555  of  April,  one  thousand  eight  hundred  and  sixty-two,  by  a  com- 

30556  mittee  composed  of  Shawque,  (chief,)  To-peuubbee,  (chief,)  We- 

30557  weh-seh,  (chief,)  Me-yenco,  (chief,)  and  Shomen,  (brave,)  ap- 

30558  pointed  to  transact  all  their  national  business  between  them  and 

30559  the  agent  of  the  United  States  and  the  Indian  Department,  and 

30560  by  Joseph  N.  Bourassa,  George  L.  Young,  B.  H.  Bertram!,  M. 

30561  B.  Beaubien,  L.  H.  Ogee,  John  Tipton,  and  Lewis  View,  in  the 

30562  presence  of  Clark  W.  Thompson,  (superintendent  of   Indian 

30563  affairs  for  the  northern  superintendency,)  Lewis   S.   Hayden, 

30564  John  B.  Gordon,  and  Elisha  Goddard,  give  their  free  and  volun- 

30565  tary  assent  to  the  amendments  made  by  the  Senate  in  the  reso- 

30566  lution  aforesaid ;  which  treaty,  as  amended  by  the  Senate  and 

30567  assented  to  by  said  committee  and  others,  is  word  for  word  as 

30568  follows : 

30569  Articles  of  a  treaty  made  and  concluded  at  the  agency  on  the 

30570  Kansas  Eiver,  on  the  fifteenth  day  of  November,  in  the 

30571  year  of  our  Lord  one  thousand  eight  hundred  and  sixty  - 

30572  one,  by  and  between  Win.  W.  Ross,  commissioner  on  the 

30573  part  of  the   United   States,  and   the  undersigned  chiefs, 

30574  braves,  and  head-men  of  the  Pottawatomie  Nation,  on  be- 

30575  half  of  said  nation. 

30576  ARTICLE  1.  The  Pottawatomie  tribe  of  Indians  believing 

30577  that  it  will  contribute  to  the  civilization  of  their  people  to  dis- 

30578  pose  of  a  portion  of  their  present  reservation  in  Kansas,  con  - 

30579  sisting  of  five  hundred  and  seventy-six  thousand  acres,  which 

30580  was  acquired  by  them  for  the  sum  of  $87,000,  by  the  fourth 

30581  article  of  the  treaty  between  the  United  States  and  the  said 

30582  Pottawatomies,   proclaimed   by  the  President  of   the   United 

30583  States  on  the  23d  day  of  July,  1846,  (see  page  181,)  and*  to  al- 

30584  lot  lands  in  severalty  to  those  of  said  tribe  who  have  adopted 

30585  the  customs  of  the  whites  and  desire  to  have  separate  tracts  as- 

30586  signed  to  them,  and  to  assign  a  portion  of  said  reserve  to  those 

30587  of  the  tribe  who  prefer   to  hold  their  lands  in  common  :  it  is 

30588  therefore  agreed  by  the  parties  hereto  that  the  Commissioner  of 

30589  Indian  Aifairs  shall  cause  the  whole  of  said  reservation  to  be 

30590  surveyed  in  the  same  manner  as  the  public  lauds  are  surveyed, 

30591  the  expense  whereof  shall  be  paid  out  of  the  sales  of  lands  here- 

30592  inafter  provided  for,  and  the  quantity  of  land  hereinafter  pro- 

30593  vided  to  be  set  apart  to  those  of  the  tribe  who   desire  to  take 

30594  their  lands  in  severalty,  and  the  quantity  hereinafter  provided 

30595  to  be  set  a  part  for  the  rest  of  the  tribe  in  common ;  and  the 


685 

3059G  remainder  of  the  land,  after  tbe  special  reservations  hereinafter 

30597  provided  for  shall  have  been  made,  to  be  sold  for  the  benefit  of 

30598  said  tribe. 

30599  ARTICLE  2.  It  shall  be  the  duty  of  the  agent  of  the  United 

30600  States  for  said  tribe  to  take  an  accurate  census  of  all  the  mem- 
30C01  bers  of  the  tribe,  and  to  classify  them  in  separate  lists,  showing 

30602  the  names,  ages,  and  numbers  of  those  desiring  lands  in  sever- 

30603  alty,  and  of  those  desiring  lauds  in  common,  designating  chiefs 

30604  and  head-men,  respectively ;  each  adult  choosing  for  himself  or 

30605  herself,  and  each  head  of *a  family  for  the  minor  children  of  such 

30606  family,  and  the  agent  for  orphans  and  persons  of  an  unsound 

30607  mind.     And  thereupon  there  shall  be  assigned,  under  the  direc- 

30608  tion  of  the  Commissioner  of  Indian  Affairs,  to  each  chief  at  the 

30609  signing  of  the  treaty,  one  section  $  to  each  head-man,  one  half 

30610  section ;  to  each   other  head  of  a  family,  one  quarter  section ; 

30611  and  to  each  other  person  eighty  acres  of  land,  to  include,  in 

30612  every  case,  as  far  as  practicable,  to  each  family,  their  improve- 

30613  ments  and  a  reasonable  portion  of  timber,  to  be  selected  accord - 

30614  ing  to  the  legal  subdivision  of  survey.     When  such  assignments 

30615  shall  have  been  completed,  certificates  shall  be  issued  by  the 

30616  Commissioner  of  Indian  Affairs  for  the  tracts  assigned  in  sev- 

30617  eralty,  specifying  the  names  of  the  individuals  to  whom  they 

30618  have  been  assigned,  respectively,  and  that  said  tracts  are  set 

30619  apart  for  the  perpetual  and  exclusive  use  and  benefit  of  such 

30620  assignees  and  their  heirs.     Until  otherwise  provided  by  law, 

30621  such  tracts  shall  be  exempt  from  levy,  taxation,  or  sale,  and 

30622  shall  be  alienable  in  fee  or  leased  or  otherwise  disposed  of  only 

30623  to  the  United  States,  or  to  persons  then  being  members  of  the 

30624  Pottawatomie  tribe  and  of  Indian  blood,  with  the  permission  of 

30625  the  President,  and  under  such  regulations  as  the  Secretary  of 

30626  the  Interior  shall  provide,  except  as  may  be  hereinafter  provided. 

30627  And  on  receipt  of  such  certificates,  the  person  to  whom  they  are 

30628  issued  shall  be  deemed  to  have  relinquished  all  right  to  any  por- 

30629  tion  of  the  lands  assigned  to  others  in  severalty,  or  to  a  portion 

30630  of  the  tribe  in  common,  and  to  the  proceeds  of  sale  of  the  same 

30631  whensoever  made. 

30632  ARTICLE  3.  At  any  time  hereafter  when  the  President  of 

30633  the  United  States  shall  have  become  satisfied  that  any  adults, 

30634  being  males  and  heads  of  families,  who  may  be  allottees  under 

30635  the  provisions  of  the  foregoing  article,  are  sufficiently  intelligent 

30636  and  prudent  to  control  their  affairs  and  interests,  he  may,  at  the 

30637  request  of  such  persons,  cause  the  lands  severally  held  by  them 

30638  to  be  conveyed  to  them  by  patent  in  fee-simple,  with  power  of 

30639  alienation  5  and  may,  at  the  same  time,  cause  to  be  paid  to  them, 

30640  in  cash  or  in  the  bonds  of  the  United  States,  their  proportion  of 

30641  the  cash  value  of  the  credits  of  the  tribe,  principal  and  interest, 


686 

30642  then  lield  in  trust  by  the  United  States,  and  also,  as  the  same 

30643  may  be  received,  their  proportion  of  the  proceeds  of  the  sale  of 

30644  lands  under  the  provisions  of  this  treaty.     And  on  such  patents 

30645  being  issued  and  such  payments  ordered  to  be  made  by  the  Pres- 

30646  ident,  such  competent  persons  shall  cease  to  be  members  of  said 

30647  tribe,  and  shall  become  citizens  of  the  United  States ;  and  thereaf- 

30648  ter  the  lands  so  patented  to  them  shall  be  subject  to  levy,  taxation, 

30649  and  sale,  in  like  manner  with  the  property  of  other  citizens : 

30650  Provided,  That  before  making  any  such  application  to  thePresi- 

30651  dent,  they  shall  appear  in  open  court  in  the  district  court  of  the 

30652  United  States  for  the  district  of  Kansas,  and  make  the  same  proof 

30653  and  take  the  same  oath  of  allegiance  as  is  provided  by  law  for 

30654  the  naturalization  of  aliens,  and  shall  also  make  proof  to  the  sat- 

30655  isfaction  of  said  court  that  they  are  sufficiently  intelligent  and 

30656  prudent  to  control  their  affairs  and  interests,  that  they  have 

30657  adopted  the  habits  of  civilized  life,  and  have  been  able  to  sup- 

30658  port,  for  at  least  five  years,  themselves  and  families. 

30659  ARTICLE  4.  To  those  members  of  said  tribe  who  desire  to 

30660  hold  their  lands  in  common  there  shall  be  set  apart  an  undivided 

30661  quantity  sufficient  to  allow  one  section  to  each  chief,  one  half 

30662  section  to  each  head-man,  and  one  hundred  and  sixty  acres  to 

30663  each  other  head  of  a  family,  and  eighty  acres  of  land  to  each 

30664  other  person,  and  said  land  shall  be  held  by  that  portion  of  the 

30665  tribe  for  whom  it  is  set  apart  by  the  same  tenure  as  the  whole 

30666  reserve  has  been  held  by  all  of  said  tribe  under  the  treaty  of 

30667  one  thousand  eight  hundred  and  forty-six.     And  upon  such  land 

30668  being  assigned  in  common  the  persons  to  whom  it  is  assigned 

30669  shall  be  held  to  have  relinquished  all  title  to  the  lands  assigned 

30670  in  severally  and  in  the  proceeds  of  sales  thereof  whenever  made. 

30671  ARTICLE  5.  The  Pottawatomies  believing  that  the  construc- 

30672  tion  of  the  Leavenworth,  Pawnee  and  Western  Railroad,  from 

30673  Leavenworth  City  to  the  western  boundary  of  the  former  reserve 

30674  of  the  Dela\vares,  is  now  rendered  reasonably  certain,  and  being 

30675  desirous  to  have  said  railroad  extended  through  their  reserve 

30676  in  the  direction  of  Fort  Riley,  so  that  the  value  of  the  lands  re- 

30677  tained  by  them  may  be  enhanced,  and  the  means  afforded  them 

30678  of  getting  the  surplus  product  of  their  farms  to  market,  it  is 

30679  provided  that  the  Leavenworth,  Pawnee  and  Western  Railroad 

30680  Company  shall  have  the  privilege  of  buying  the  remainder  of 

30681  their  lands  within  six  mouths  after  the  tracts  herein  otherwise 

30682  disposed  of  shall  have  been  selected  and  set  apart,  provided 

30683  they  purchase  the  whole  of  such  surplus  lands  at  the  rate  of  one 

30684  dollar  and  twenty-five  cents  per  acre. 

And  if  said  company  make  such  purchase,  it  shall  be  sub- 

30686  ject  to  the  considerations  following,  to  wit :  They  shall  construct 

30687  and  fully  equip  a  good  and  efficient  railroad  from  Leavenworth 


687 

30688  City  to  a  point  half  way  between  the  western  boundary  of  the 

30689  said  former  Delaware  reserve  and  the  western  boundary  of  the 

30690  s.iid  Pottawatomie  reserve,  (being  the  first  section  of  said  road,) 
33691  within  six  years  from  the  date  of  such  purchase,  and  shall  con- 

30692  struct  and  fully  equip  such  road  from  said  last-named  point  to 

30693  the  western  boundary  of  said  Pottawatomie  reserve,  (being  the 

30694  second  section  of  said  road,)  within  three  years  from  the  date 

30695  fixed  for  the  completion  of  said  first  section  ;  and  no  patent 

30696  or  patents  shall  issue  to  said  company  or  its  assigns  for  any  of 

30697  said  lands  purchased  until  the  first  section  of  said  railroad  shall 

30698  have  been  completed  and  equipped,  and  then  for  not  more  than 

30699  half  of  said  lands;  and  no  patent  or  patents  shall  issue  to  said  corn- 

30700  pany  or  its  assigns  for  any  of  the  remaining  portion  of  said  lands 

30701  until  said  second  section  of  said  railroad  shall  have  been  completed 

30702  and  equipped  as  aforesaid ;  and  before  any  patents  shall  issue  for 

30703  any  part  of  said  lauds,  payment  shall  be  made  for  the  lands  to 

30704  be  patented  at  the  rate  of  one  dollar  and  twenty- five  cents  per 

30705  acre  ;  and  said  company  shall  pay  the  whole  amount  of  the  pur- 

30706  chase-money  for  said  lands  in  gold  or  silver  coin  to  the  Secre- 

30707  tary  of  the  Interior  of  the  United  States,  in  trust  for  said  Pot- 

30708  tawatomie  Indians,  within  nine  years  from  the  date  of  such  pur- 

30709  chase,  and  shall  also  in  like  manner  pay  to  the  Secretary  of  the 

30710  Interior  of  the  United  States,  in  trust  as  aforesaid,  each  and 

30711  every  year,  until  the  whole  purchase  money  shall  have  been 

30712  paid,  interest  from  date  of  purchase,  at  six  per  cent,  per  an- 

30713  num,  on  all  the  purchase- money  remaining  unpaid. 

M714  And  if  said  company  shall  fail  to  complete  either  section  of 

30715  such  railroad  in  a  good  and  efficient  manner,  or  shall  fail  to  pay 

30716  the  whole  of  the  purchase-money  for  said  laud  within  the  times 

30717  above  prescribed,  or  shall  fail  to  pay  all  or  any  part  of  the  in- 

30718  terest  upon  said  purchase-money  each  year  as  aforesaid  within 

30719  thirty  days  from  the  date  when  such  payment  of  interest  shall 

30720  fall  due,  then  the  contract  or  purchase  shall  be  deemed  and  held 

30721  absolutely  null  and  void,  and  shall  cease  to  be  binding  on  either 

30722  of  the  parties  thereto,  and  said  company  and  its  assigns  shall 

30723  forfeit  all  payments  of  principal  and  interest  made  on  such  pur- 

30724  chase,  and  all  right  and  title,  legal  and  equitable,  of  any  kind 

30725  whatsoever,  in  and  to  all  and  every  part  of  said  lands  whicli 

30726  shall  not  have  been  before  the  date  of  such  forfeiture  earned 

30727  and  patented  pursuant  to  the  provisions  of  this  treaty. 

30728  And    whenever    any  patent  shall  issue  to  said    railroad 

30729  company  for  any  part  of  said  lands,  it  shall  contain  the  condi- 

30730  tion  that  the  said  company  shall  sell  the  land  described  in  such 

30731  patent,  except  so  much  as  shall  be  necessary  for  the  working  of 

30732  the  road,  within  five  years  from  the  issuing  of  such  patent. 

30733  And  said  company  shall  have  the  [perpetual  right  of  way 


688 

30734  over  the  hinds  of  the  Pottawatomies  not  sold  to  it  for  the  con- 

30735  structiou  and  operation  of  said  railroad,  not  exceeding  one 

30736  hundred  feet  in  width,  and  the  right  to  enter  on  said  lands  and 

30737  take  and  use  such  gravel,  stone,  earth,  water,  and  other  material, 

30738  except  timber,  as  may  be  necessary  for  the  construction  and 
30730  operation  of  said  road,  making  compensation  for  any  damages 
30740  to  improvements  done  in  obtaining  such  material,  and  for  any 
30741.  damages  arising  from  the  location  or  running  of  said  road  to  im- 

30742  provements  made  before  the  road  is  located.    Such  damages  and 

30743  compensation,  in  cases  where  said  company  and  the  persons  whose 

30744  improvements  are  injured  or  property  taken  cannot  agree,  to  be 

30745  ascertained  and  adjusted  under  the  direction  of  the  Commis- 

30746  sioner  of  Indian  Affairs.     And  in  case  said  company  shall  not 

30747  promptly  pay  the  amount  of  such  damages  and  compensation, 

30748  the  Secretary  of  the  Interior  may  withhold  patents  for  any  part 

30749  of  the  lands  purchased  by  them  until  payment  be  made  of  the 

30750  amount  of  such  damages,  with  six  per  cent,  interest  thereon 

30751  from  the  date  when  the  same  shall  have  been  ascertained  and 

30752  demanded. 

30753  And  in  case  said  company  shall  not  purchase  said  surplus 

30754  lauds,  or,  having  purchased,  shall  forfeit  the  whole  or  any  part 

30755  thereof,  the  Secretary  of  the  Interior  shall  thereupon  cause  the 

30756  same  to  be  appraised  at  not  less  than  one  dollar  and  twenty-five 

30757  cents  per  acre,  and  shall  sell  the  same,  in  quantities  not  exceed- 

30758  ing  one  hundred  and  sixty  acres,  at  auction  to  the  highest  bid- 

30759  der  for  cash,  at  not  less  than  such  appraised  value. 

30760  ARTICLE  6.  There  shall  be  selected  by  the  Commissioner  of 

30761  Indian  Affairs  three  hundred  and  twenty  acres  of  laud,  includ- 

30762  ing  the  church,  school-houses,  and  fields  of  the  St.  Mary's  Cath- 

30763  olic  Mission,  but  not  including  the  buildings  and  enclosures 

30764  occupied  and  used  by  persons  other  than  those  connected  with 
.'50765  the  mission,  without  the  consent  of  such  persons,  which  shall 

30766  be  conveyed  by  the  Secretary  of  the  Interior  to  John  F.  Diel> 

30767  John  Sum  maker,  and  M.  Gerillain,  as  trustees  for  the  use  of  the 

30768  society  under  whose  patronage  and  control  the  church  and  school 

30769  have  been  conducted  within  the  last  fourteen  years;  on  condi- 

30770  tion,  however,  that,  so  long  as  the  Pottawatomie  Nation  shall 

30771  continue   to   occupy  its  present  reservation,   or   any  portion 

30772  thereof,  the  said  land  shall  be  used  and  its  products  devoted 

30773  exclusively  to  the  maintenance  of  a  school  and  church  for  their 

30774  benefit.    And  there  shall  be  reserved  and  conveyed  in  like  inan- 

30775  n er,  and  upon  like  conditions,  three  hundred  and  twenty  acres 

30776  of  laud,  including  the  Baptist  Mission  buildings  and  enclosures, 
50777  such  conveyances  to  be  made  to  such  persons  as  may  be  desig- 
30778  nated  by  the  Baptist  Board  of  Missions. 

ARTICLE  7.  By  article  eight  of  the  treaty  of  June  5th, 

30780  1846,  between  the  United  States  and  the  Pottawatomie  Indians 


689 

30781  it  is  stipulated  "  that  the  aimual  interest  of  their  improvement 

30782  fund  shall  be  paid  out  promptly  and  fully  for  their  benefit  at 

30783  their  new  homes.    If,  however,  at  any  time  thereafter,  the  Pres- 

30784  ident  of  the  United  States  shall  be  of  opinion  that  it  would  be 

30785  advantageous   to  the  Pottawatoinie  Nation,  and  they  sliould 

30786  request  the  same  to  be  done,  to  pay  them  the  interest  of  said 

30787  money  in  lieu  of  the  employment  of  persons,  or  the  purchase  of 

30788  implements  or  machines,  lie  is  hereby  authorized  to  pay  the 

30789  same,  or  any  part  thereof,  in  money,  as  their  annuities  are  paid, 

30790  at  the  time  of  the  general  payment  of  annuities/' 

30791  It  is  hereby  agreed  that  the  interest  arising  from  said  im- 

30792  provemeut-fund  shall,  in  all  cases  hereafter,  be  paid  in  such 

30793  machines  and  implements  as  will  be  useful  to  the  people  in  their 

30794  agricultural  pursuits,  as  long  as  the  nation  shall  desire  it  to  be 

30795  done,  except  that  the  shops  and  mechanics  and  physicians,  now 

30796  sustained  by  the  funds  of  the  nation,  shall  continue  to  be  main- 

30797  tained,  as  at  this  time,  for  one  year  after  this  treaty  shall  have 

30798  been  ratified. 

30799  ARTICLE  8.  If  at  any  time  hereafter  any  band  or  bands  of 

30800  the  Pottawatomie  Nation  shall  desire  to  remove  from  the  homes 

30801  provided  for  them  in  this  treaty,  it  shall  be  the  duty  of  the 

30802  Secretary  of  the  Interior  to  have  their  proportionate  part  of  the 

30803  lands  which  may  be  assigned  to  the  tribe  appraised  and  sold, 

30804  and  invest  such  portion  of  the  proceeds  thereof  as  may  be  neces- 

30805  sary  in  the  purchase  of  a  new  home  for  such  baud  or  bands, 

30806  leaving  the  remainder,  should  any  remain  after  paying  the 

30807  expense  of  their  removal,  to  be  invested  in  six  per  cent,  bonds 

30808  of  the  United  States,  for  the  benefit  of  such  band  or  band?. 

30809  Such  baud  or  bands  so  removed  shall  continue  to  receive  their 

30810  proportion  of  the  annuities  of  the  tribe. 

30811  ARTICLE  9.  ISTo  provision  of  this  treaty  shall  be  so  con- 

30812  strued  as  to  invalidate  any  claim  heretofore  preferred  by  the 

30813  Pottawatomies  against  the  United  States  arising  out  of  previ- 

30814  ous  treaties. 

30815  ARTICLE  10.  It  is  hereby  agreed  that  the  Commissioner  of 

30816  Indian  Affairs  shall  set  apart,  for  the  benefit  of  said  allottees, 

30817  their  equal  pro  rata  share  of  the  improvement-fund  of  the  tribe, 

30818  which  sum  so  set  apart  may  be  expended,  in  whole  or  in  part,  by 

30819  the  said  Commissioner,  and  under  his  direction,  for  agricultural 

30820  purposes,  as  he  shall  from  time  to  time  deem  expedient  and  for 

30821  the  welfare  of  the  said  Indians. 

30S22  ARTICLE  11.  Should  the  Senate  reject  or  amend  any  of  the 

30823  above  articles,  such  rejection  or  amendment  shall  not  affect  the 

30824  other  provisions  of  this  treaty,  but  the  same  shall  go  into  effect 

30825  when  ratified  by  the  Senate  and  approved  by  the  President. 

30826  Proclaimed  April  19,  1862. 

87  i  T 


690 

30827  Supplemental  article  to  the  treaty  of  November  15,  1861,   between 

30828  the  United  States  of  America  and  the  Fottaivatomie  tribe  of 

30829  Indians,    concluded  March  29,   I860 ;    ratification    advised 

30830  April  26,  1806. 

33831  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

30832  to  all  and  singular  to  whom   these  presents  shall  come, 

30833  greeting : 

30834  Whereas  a  supplemental  article  to  the  treaty  between  the 

30835  United  States  of  America  and  the  Pottawatoraie  Nation  of  In- 

30836  dians,  of  the  fifteenth  of -November,  one  thousand  eight  hundred 

30837  and  sixty-one,  was  made  and  concluded  at  the  city  of  Washing- 

30838  ton,  in  the  District  of  Columbia,  on  the  twenty-ninth  day  of 

30839  March,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 

30840  sixty-six,  by  and  between  Dennis  K  Cooley,  commissioner  on 

30841  the  part  of  the  United  States,  and  J.  N.  Bourassa,  U.  F.  Navaue, 

30842  and  B.  N.  Bertram!,  business  committee,  on  the  part  of  said 

30843  nation  of  Indians,  and  duly  authorized  thereto  by  them,  which 

30844  supplemental   article  is  in  the  words  and  figures  following,  to 

30845  wit : 

30846  Whereas  certain  amendments  are  desired  by  the  Pottawato- 

30847  mie  Indians  to  their  treaty  concluded  at  the  Pottawatomie 

30848  agency    on  the  fifteenth  day  of  November,  A.   D.  1861,    and 

30849  amended  by  resolution  of  the  Senate  of  the  United  States  dated 

30850  April  the  fifteenth,  A.  D.  1862 ;  and  whereas  the  United  States 

30851  are  willing  to  assent  to  such  amendments,  it  is  therefore  agreed 

30852  by  and  between  Dennis  N.  Cooley,  commissioner  on  the  part  of 

30853  the  United  States,  thereunto  duly  authorized,  and   the  under- 

30854  signed  business  committee,  acting  on  behalf  of  said  tribe,  and 

30855  being  thereunto  duly  authorized,  in  manner  and  form  following, 

30856  that  is  to  say  : 

30857  ARTICLE  1.  The  beneficial  provisions  in  behalf  of  the  more 

30858  prudent  and  intelligent  members  of  said  tribe,  contained  in  the 

30859  third  article  of  the  amended  treaty  above  recited,  shall  not  here- 

30860  after  be  confined  to  males  and  heads  of  families,  but  the  same 

30861  shall  be.  and  are  hereby,  extended  to  all  adult  persons  of  said 

30862  tribe,  without  distinction  of  sex,  whether  such  persons  are  or 

30863  shall  be  heads  of  families  or  otherwise,  in  the  same  manner,  to 

30864  the  same  extent,  and  upon  the  same  terms,  conditions,  and  stip- 

30865  ulations  as  are  contained  in  said  third  article  of  said  treaty  with 

30866  reference  to  "  males  and  heads  of  families." 


691 

30867  Treaty  between  the  United  Slates  oj  America  and  the  Pottawatomie 

30868  tribe  of  Indians,  concluded  February  27,  1867 ;  ratification 

30869  advised,  icitli  amendments,  July  25, 1868 ;  amendments  accepted 

30870  August  4,  1868. 

30871  ANDREW  JOHNSON,  President  of  the  United  States  of  America , 

30872  to  all  and  singular  to  whom  these  presents  shall  come,  greet  - 

30873  ing : 

30874  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

30875  Washington,  in  the  District  of  Columbia,  on  the  twenty-seventh 

30876  day  of  February,  in  the  year  of  our  Lord  one  thousand  eight 

30877  hundred  and  sixty-seven,  by  and  between  Lewis  Y.  Bogy,  W. 

30878  H.  Watson,  Thomas  Murphy,  and  L.  R.  Palmer,  commissioners 

30879  on  the  part  of  the  United  States,  and  Mazhee,  Miaiico,  Shawgwe, 

30880  B.  H.  Bertrand,  J.  K  Bourassa,  M.  B.  Beaubien,  L.  H.  Ogee,  and 

30881  George  L.  Young,  of  the  Pattawatomie  tribe  of  Indians,  and 

30882  duly  authorized  thereto  by  them,  which  treaty  is  in  the  words 

30883  and  figures  following,  to  wit: 

30884  Articles  of  agreement  concluded  at  Washington,  D.  0.,  on  the 

30885  twenty-seventh  day  of  February,  1837,  between  the  United 

30886  States,  represented  by  Lewis  Y.  Bogy,  Commissioner  of  In- 

30887  dian  Affairs;  W.H.Watson,  special  commissioner;  Thos. 

30888  Murphy,  supt.  of  Indian  affairs  for  Kansas  ;  and  Luther  K. 

30889  Palmer,  U.  S.  Indian  agent,  duly  authorized,  and  the  Potta- 

30890  watoinie  tribe  of  Indians,  represented  by  their  chiefs,  braves, 

30891  and  head-men,  to  wit:   Mazhee,  Mianco,  Shawgwe,  B.  H. 

30892  Bertrand,  J.  X.  Bourassa,  M.  B.  Beaubien,  L.  H.  Ogee,  and 

30893  G.  L.  Young. 

30894  Whereas  the  Pottawatomies  believe  that  it  is  for  the  in- 

30895  terest  of  their  tribe  that  a  home  should  be  secured  for  them  in 

30896  the  Indian  country  south  of  Kansas,  while  there  is  yet  an  or> 

30897  portunity  for  the  selection  of  a  suitable  reservation ;  and  whereas 

30898  the  tribe  has  the  means  of  purchasing  such  reservation  from 

30899  funds  to  arise  from  the  sale  of  lands  under  the  provisions  of 

30900  this   treaty,  without  interfering  with    the  exclusive  rights  of 

30901  those  of  their  people  who  hold  their  lands  in  common  to  the 

30902  ownership  of  their  diminished  reserve,  held  by  them  in  common, 

30903  or  with  their  right  to  receive  their  just  proportion  of  the  moneys 

30904  arising  from  the  sale  of  unallotted  lands,  known  as  surplus 

30905  lands :  Now,  therefore,  it  is  agreed — 

30906  ARTICLE  1.  It  being  the  intention  of  the  Government  that 

30907  a  commission  shall  visit  the  Indian  country  as  soon  as  practi- 

30908  cable  after  the  ratification  of  the  treaties  contemplating  the  re- 

30909  moval  of  certain  tribes  from  Kansas,  accompanied  by  delegates 

30910  from  the  several  tribes  proposing  to  remove,  it  is  agreed  that  a 

30911  delegation  of  the  Pottawatomies  may  accompany  said  commis- 


692 

30912  sion  ill  order  to  select,  if  possible,  a  suitable  location  for  tbeir 

30913  people  without  interfering  with  the  locations  made  for  other  In- 

30914  dians;  and  if  such  location  shall  be  found  satisfactory  to  the 

30915  Pottawatomies,  and  approved  by  the  Secretary  of  the  Interior, 
30910  such  tract  of  land,  not  exceeding  thirty  miles  square,  shall  be 

30917  set  apart  as  a  reservation  for  the  exclusive  use  and  occupancy  of 

30918  that  tribe;  and  upon  the  survey  of  its  lines  and  boundaries, 

30919  and  ascertaining  of  its  area,  and  payment  to  the  United  States 

30920  for  the  same  as  hereinafter  mentioned  and  set  forth,  the  said 

30921  tract  shall  be  patented  to  the  Pottawatomie  Nation :  Provided, 

30922  That  if  the  said  Pottawatomies  shall  prefer  to  select  a  new  home 

30923  among  the  Cherokees,  by  agreement  with  the  said  Cherokees, 

30924  for  a  price  within  the  means  of  the  Pottawatomies,  the  Gov- 

30925  ernment  will  confirm  such  agreement. 

30920  ARTICLE  2.  In  case  the  new  reservation  shall  be  selected 

30927  upon  the  lauds  purchased  by  the  Government  from  the  Creeks, 

30928  Semiuoles,  or  Choctaws,  the  price  to  be  paid  for  said  reservation 

30929  shall  not  exceed  the  cost  of  the  same  to  the  Government  of  the 

30930  United  States ;  and  the  sum  to  be  paid  by  the  tribe  for  said  res- 

30931  ervation  shall  be  taken  from  the  amount  which  may  be  received 

30932  for  the  lands  which  were  offered  for  sale  to  the  Leaven  worth, 

30933  Pawnee  and  Western  Bail  road  Company,  under  the  treaty  dated 

30934  November  fifteen,  eighteen  hundred  and  sixty-one,  which  amount 

30935  shall  be  the  common  property  of  the  tribe,  except  the  Prairie 

30936  band,  who  shall  have  no  interest  in  said  reservation  to  be  pur- 

30937  chased  as  aforesaid,  but  in  lieu  thereof  shall  receive  their  pro 

30938  rata  share  of  the  proceeds  of  the  sale  of  said  land  in  money,  as 

30939  the  same  may  be  received  :  Provided,  That  if  the  United  States 

30940  shall  advance  the  amount  necessary  to  purchase  the  said  reser- 

30941  vatiou,  the  interest  due  upon  the  deferred  payments  for  said 

30942  lands,  sold  as  hereinafter  provided,  shall,  when  received  by  the 

30943  United  States,  be  retained  and  credited  to  said  tribe  interested 

30944  in  said  reservation,  or  so  much  of  said  interest  as  may  be  due 

30945  said  tribe  under  this  treaty:  And  provided  further,  That  the 
.'50946  Leaven  worth,  Pawnee   and  Western  Bailroad  Company,  their 

30947  successors  and  assigns,  having  failed  to  purchase  said  lands,  the 

30948  Atchison,  Topeka  and  Santa  Fe  Bailroad  Company  may,  within 

30949  thirty  days  after  the  promulgation  of  this-  treaty,  purchase  of  the 

30950  said  Pottawatomies  their  said  unallotted  lands,  except  as  here- 

30951  inafter  provided,  to  St.  Mary's  Mission,  at  the  price  of  one  dol- 

30952  lar  per  acre,  lawful  money  of  the  United  States,  and  upon  filing 
0953  their  bond  for  the  purchase  and  payment  of  said  lands  in  due 

30954  form,  to  be  approved  by  the  Secretary  of  the  Interior  within  the 

0955  time  above  named,  the  said  Secretary  of  the  Interior  shall  issue 

0956  to  the  last-named  railroad  company  certificates  of  purchase, 
30957  and  such  certificates  of  purchase  shall  be  deemed  and  holden  in 


693 

30958  all  courts  as  evidence  of  title  and  possession  in  the  said  railroad 

30959  company  to  all  or  any  part  of  said  lands,  unless  the  same  shall 

30960  be  forfeited  as  herein  provided.    The  said  purchase-money  shall 
30961 "  be  paid  to  the  Secretary  of  the  Interior,  in  trust  for  said  Indians, 

30962  within  five  years  from  the  date  of  such  purchase,  with  interest  at 

30963  the  rate  of  six  per  cent,  per  annum  on  all  deferred  payments, 

30964  until  the  whole  purchase-money  shall  have  been  paid  j  and  be- 

30965  fore  any  patents  shall  issue  for  any  part  of  said  lands,  one  hun- 

30966  dred  thousand  dollars  shall  be  deposited  with  the  Secretary  of 

30967  the  Interior,  to  be  forfeited  in  case  the  whole  of  the  lands  are 

30968  not  paid  for  as  herein  provided ;  (said  money  may  be  applied  as 

30969  the  payment  for  the  last  one  hundred  thousand  acres  of  said 

30970  land;)  payments  shall  also  be  made  for  at  least  one-fourth  of 

30971  said  unallotted  lands  at  the  rate  of  one  dollar  per  acre,  and 

30972  when  so  paid  the  President  is  authorized  hereby  to  issue  patents 

30973  for  the  land  so  paid  for ;  and  then  for  every  additional  part  of 

30974  said  land,  upon  the  payment  of  one  dollar  per  acre.    The  iiiter- 

30975  est  on  said  purchase-money  shall  be  paid  annually  to  the  Secre- 

30976  tary  of  the  Interior  for  the  use  of  said  Indians.    If  the  said  com- 

30977  pauy  shall  fail  to  pay  the  principal  when  the  same  shall  become 

30978  due,  or  to  pay  all  or  any  part  of  the  interest  upon  said  purchase- 

30979  money  within  thirty  (30)  days  after  the  time  when  such  payment 

30980  of  interest  shall  fall  due,  then  this  contract  shall  be  deemed  and 

30981  held  absolutely  null  and  void,  and  cease  to  be  binding  upon  either 

30982  of  the  parties  thereto,  and  said  company  and  its  assigns  shall 

30983  forfeit  all  payments  of  principal  and  interest  made  on  such  pur- 

30984  chase,  and  all  right  and  title,  legal  and  equitable,  of  any  kind 

30985  whatsoever,  in  and  to  all  and  every  part  of  said  lands  which 

30986  shall  not  have  been,  before  the  date  of  such  forfeiture,  paid  for, 

30987  as  herein  provided:  Provided,  liowemr,  That  in  case  any  of  said 

30988  lands  have  been  conveyed  to  bona-fide  purchasers  by  said  Atch- 

30989  ison,  Topeka  and  Santa  Fe  Kailroad  Company,  such  purchasers 

30990  shall  be  entitled  to  patents  for  said  land  so  purchased  by  them 

30991  upon  the  payment  of  one  dollar  and  twenty-five  cents  per  acre 

30992  therefor,  under  such  rules  and  regulations  as  may  be  prescribed 

30993  by  the  Secretary  of  the  Interior. 

30994  ARTICLE  3.  After  such  reservation  shall  have  been  selected 

30995  and  set  apart  for  the  Pottawatornies,  it  shall  never  be  included 

30996  within  the  jurisdiction  of  any  State  or  Territory,  unless  an  Indian 

30997  Territory  shall  be  organized,  as  provided  for  in  certain  treaties 

30998  made  in  eighteen  hundred  and  sixty-six  with  the  Choctaws  and 

30999  other  tribes  occupying  the  "  Indian  country ;"  in  which  case,  or 

31000  in  case  of  the  organization  of  a  legislative  council  or  other  body, 

31001  for  the  regulation  of  matters  affecting  the  relations  of  the  tribes 

31002  to  each  other,  the  Pottawatomies  resident  thereon  shall  have  the 


694 

31003  right  to  representation,  according  to  their  numbers,  on  equal 

31004  terms  with  the  other  tribes. 

31005  ARTICLE  4.  A  register  shall  be  made,  under  the  direction  of 

31006  the  agent  and  the  business  committee  of  the  tribe,  within  two 

31007  years  after  the  ratification  of  this  treaty,  which  shall  show  the 

31008  names  of  all  members  of  the  tribe  who  declare  their  desire  to 

31009  remove  to  the  new  reservation,  and  of  all  who  desire  to  remain 

31010  and  to  become  citizens  of  the  United  States ;  and  after  the  filing 

31011  of  such  register  in  the  office  of  the  Commissioner  of  Indian 

31012  Affairs,  all  existing  restrictions  shall  be  removed  from  the  sale 

31013  and  alienation  of  lands  by  adults  who  shall  have  declared  their 

31014  intention  to  remove  to  the  new  reservation :  But,  provided,  That 

31015  no  person  shall  be  allowed  to  receive  to  his  own  use  the  avails  of 
3101G  the  sale  of  his  land,  unless  he  shall  have  received  the  certificate 

31017  of  the  agent  and  business  committee  that  he  is  fully  competent 

31018  to  manage  his  own  affairs;  nor  shall  any  person  also  be  allowed 

31019  to  sell  and  receive  the  proceeds  of  the  sale  of  the  lauds  belonging 

31020  to  his  family,  unless  the  certificate  of  the  agent  and  business 

31021  committee  shall  declare  him  competent  to  take  the  charge  of 

31022  their  property  ;  but  such  persons  may  negotiate  for  the  sales  of 

31023  their  property  and  that  of  their  families,  and  any  contracts  for 

31024  sales  so  made,  if  certified  by  the  agent  and  business  committee 

31025  to  be  at  reasonable  rates,  shall  be  confirmed  by  the  Secretary  of 

31026  the  Interior,  and  patents  shall  issue  to  the  purchaser  upon  full 

31027  payment ;  and  all  payments  for  such  land  shall  be  made  to  the 

31028  agent,  and  the  funds  by  him  deposited  on  the  first  of  each  month 

31029  in  some  Government  depository,  to  be  designated  by  the  Secretary 

31030  of  the  Treasury,  and  triplicate  certificates  of  deposit  taken  there- 

31031  for,  one  to  be  forwarded  to  the  Commissioner  of  Indian  Affairs, 

31032  one  to  be  retained  at  the  agency,  arid  the  third  to  be  sent  to  the 

31033  superintendent  of  Indian  affairs  for  Kansas  ;  after  which  deposit 

31034  the  United  States  will  be  responsible  for  said  funds  until  drawn 

31035  out  for  use  as  hereinafter  provided,  and  the  bonds  of  the  agent 

31036  shall  be  increased  to  a  sufficient  amount  to  cover  his  increased 

31037  liabilities  under  this  section. 

31038  ARTICLE  5.  The  moneys  received  and  deposited  as  provided 

31039  in  the  preceding  article  shall  be  retained  until  the  party  on  whose 

31040  behalf  i^  is  held  shall  be  ready  to  remove  to  the  new  reservation, 

31041  and  shall  then,  or  such  part  thereof  as  may  from  time  to  time  be 

31042  necessary,  be  drawn  out,  under  the  direction  of  the  Commis- 

31043  sioner  of  Indian  Affairs,  by  the  agent,  and  expended  for  the 

31044  benefit  of  the  owner  in  providing  for  his  removal  and  that  of 

31045  his  family  to  the  new  reservation,  and  in  such  articles  and  for 
H046  such  uses  as  may,  with  the  advice  of  the  business  committee,  be 

31047  deemed  for  his  best  interest  at  his  new  home. 

31048  ARTICLE  6.  The  provisions  of  article  third  of  the  treaty  of 


695 

3104:9  April  nineteenth,  eighteen  hundred  and  sixty-two  (the  next  pre- 
31050  ceding)  relative  to  Pottawatomieswho  desire  to  become  citizens, 

31051  shall  continue  in  force,  with  the  additional  provision  that,  before 

31052  patents  shall  issue  and  full  payments  be  made  to  such  persons,  a 

31053  certificate  shall  be  necessary  from  the  agent  and  business  commit- 

31054  tee  that  the  applicant  is  competent  to  manage  his  own  affairs;  and 

31055  when  computation  is  made  to  ascertain  the  amount  of  the  funds 

31056  to  the  tribe  to  which  such  applicants  are  entitled,  the  amounts 

31057  invested  iu  the  new  reservation  provided  for  in  the  treaty  shall 

31058  not  be  taken  into  account ;  and  where  any  member  of  the  tribe 

31059  shall  become  a  citizen  under  the  provisions  of  the  said  treaty  of 
31000  eighteen  hundred  and  sixty-two,  the  families  of  said  parties 

31061  shall  also  be  considered  as  citizens,  and  the  head  of  the  family 

31062  shall  be  entitled  to  patents  and  the  proportional  share  of  funds 

31063  belonging  to  his  family;  and  women  who  are  also  heads  of 

31064  families,  and  single  women  of  adult  age,  may  become  citizens  in 

31065  the  same  manner  as  males. 

31066  ARTICLE  7.  (Stricken  out.) 

31067  ARTICLE  8.  Where  allottees  under  the  treaty  of  eighteen 

31068  hundred  and  sixty-one  shall  have  died,  or  shall  hereafter  decease, 

31069  such  allottees  shall  be  regarded,  for  the  purpose  of  a  careful 

31070  and  just  settlement  of  their  estates,  as  citizens  of  the  United 

31071  States,  and  of  the  State  of  Kansas,  and  it  shall  be  competent 

31072  for  the  proper  courts  to  take  charge  of  the  settlement  of  their 

31073  estates  under  all  the  forms  and  in  accordance  with  the  laws  of 

31074  the  State,  as  in  the  case  of  other  citizens  deceased;  and  in  cases 

31075  where  there  are  children  of  allottees  left  orphans,  guardians  for 

31076  such  orphans  may  be  appointed  by  the  probate  court  of  the 

31077  county  in  which  such  orphans  may  reside,  and  such  guardians 

31078  shall  give  bonds,  to  be  approved  by  the  said  court,  for  the  proper 

31079  care  of  the  person  and  estate  of  such  orphans,  as  provided  by 

31080  law. 

31081  ARTICLE  9.  It  is  agreed  that  an  examination  shall  be  made 

31082  of  the  books  of  the  Indian  Office,  in  order  to  ascertain  what 

31083  amount  is  justly  due  to  the  Pottawatomies  under  the  provisions 

31084  of  their  treaties  of  eighteen  hundred  and  eighteen  and  eighteen 

31085  hundred  and  twenty-nine,  providing  for  the  payment  of  their 

31086  annuities  in  coin,  whereas  they  have  been  paid  for  several  years 

31087  in  currency  ;  and  the  result  of  such  examination  shall  be  reported 

31088  to  Congress,  and  the  difference  in  amount  due  to  said  Indians 

31089  shall  be  paid  to  them. 

31090  ARTICLE  10.  It  is  further  agreed  that,  upon  the  presentation 

31091  to  the  Department  of  the  Interior  of  the  claims  of  said  tribe  for 

31092  depredations  committed  by  others  upon  their  stock,  timber,  or 

31093  other  property,  accompanied  by  evidence  thereof,  examination 

31094  and  report  shall  be  made  to  Congress  of  the  amount  found  to  be 


696 

31095  equitably  due,  iu  order  that  such  action  may  be  taken  as  shall 

31096  be  just  in  the  premises. 

31097  And  it  is  further  agreed  that  the  claims  of  the  Pottawato- 

31098  mies  heretofore  examined  and  reported  on  by  the  Secretary  of 

31099  the  Interior  under  the  act  of  Congress  of  March  two,  eighteen 

31100  hundred  and  sixty-one,  shall  be  submitted  to  two  commissioners, 

31101  to  be  named  by  the  President  of  the  United  States,  for  exami. 

31102  nation,  and  said  commissioners,  after  being  sworn  impartially  to 

31103  decide  on  said  claims,  shall  make  report  of  their  judgment  in  the 

31104  premises,  together  with  the  evidence  taken,  to  the  Secretary  of 

31105  the  Interior,  and  the  same  shall  be  communicated  to  Congress 

31106  at  its  next  session :  Provided,  That  no  part  of  the  money  re- 

31107  ported  due  by  the  said  commissioners  shall  be  paid  until  the 

31108  same  shall  be  appropriated  by  Congress. 

31109  ARTICLE  11.  The  half  sections  of  laud  heretofore  set  apart 

31110  for  the  mission-schools,  to  wit,  those  of  the  St.  Mary's  mission, 

31111  and  the  American  Baptist  mission,  shall  be  granted  in  fee-simple, 

31112  the  former  to  John  F.  Diels,  John  Schoenmaker,  and  M.  Gillaud, 

31113  and  tbe  latter  to  such  party  as  the  American  Baptist  Board  of 

31114  Missions  shall  designate. 

31115  And  the  said  John  P.  Dells,  John  Shoemaker,  and  M.  Gil- 

31116  laud  shall  have  the  right  to  purchase  in  a  compact  body  ten 

31117  hundred  and  thirteen  54-100  acres  of  the  unallotted  lands,  at  the 

31118  price  of  one  dollar  per  acre,  to  be  paid  to  the  Secretary  of  the 

31119  Interior,  for  the  use  of  said  tribe,  and  when  the  consideration 

31120  shall  be  paid  as  aforesaid  the  President  shall  issue  patents  to 

31121  said  purchasers  therefor;  and  in  selecting  said  ten  hundred  and 

31122  thirteen  54-100  acres,  said  purchasers  shall  have  the  preference 

31123  over  all  other  parties. 

31124  ARTICLE  12.  No  provisions  of  this  treaty  shall  be  held  to 

31125  apply  in  such  manner  as  to  authorize  any  interference  with  the 

31126  exclusive  rights  in  their  own  lands  of  those  members  of  the 

31127  tribe  who  hold  their  lands  in  common ;  but  such  Indians  shall 

31128  be  entitled  to  their  share  in  the  ownership  of  the  new  reserva- 

31129  tion;  and  it  shall  not  be  necessary  at  any  future  time  to  treat 

31130  with  the  representatives  of  the  whole  people  for  a  cession  of  the 

31131  lands  of  those  who  hold  in  common,  but  special  treaty  arrange- 

31132  incuts  may  be  made  at  any  time  with  the  class  of  persons  last 

31133  named  for  the  sale  of  their  lands,  and  the  disposition  to  be  made 

31134  of  the  proceeds  thereof. 

31135  ARTICLE  13.  All  provisions  of  former  treaties  inconsistent 

31136  with  the  provisions  of  this  treaty  shall  be  hereafter  null  and  void . 

31137  ARTICLE  14.  The  expenses  of  negotiating  this  treaty  shall 

31138  be  paid  by  the  United  States,  not  to  exceed  six  thousand  dollars. 

31139  Proclaimed  August  7,  1868. 


697 


31140  POTTAWOTTOMIES    EESIDING    ON    THE    EIVEE  IL- 

31141  LINOIS. 

31142  A  treaty  of  peace  and  friendship  made  and  concluded  bettceen  Will- 

31143  iam  Clark,  Niman  Edwards,  and  Augmte  Chouteau,  commis- 

31144  sioners  plenipotentiary  of  the  United  States  of  America,  on  the 

31145  part  and  behalf  of  the  said  States,  of  the  one  part,  and  the  under- 

31146  signed  chiefs  and  warriors  of  the  Poutawatamie  tribe  or  nation, 

31147  residing  on  the  river  Illinois,  on  the  part  and  behalf  of  the  said 

31148  tribe  or  nation,  of  the  other  part. 

31149  The  parties,  being  desirous  of  re  establishing  peace  and 

31150  friendship  between  the  United  States  and  the  said  tribe  or  na- 

31151  tion,  and  of  being  placed,  in  all  things  and  in  every  respect,  on 

31152  the  same  footing  upon  which  they  stood  before  the  war,  have 

31153  agreed  to  the  following  articles : 

31154  ARTICLE  1.  Every  injury  or  act  of  hostility  by  one  or  either 

31155  of  the  contracting  parties  against  the  other,  shall  be  mutually 

31156  forgiven  and  forgot] 

31157  ARTICLE  2.  There  shall  be  perpetual  peace  and  friendship 

31158  between  all  the  citizens  of  the  United  States  of  America  and  all 

31159  the  individuals  composing  the  said  Poutawatamie  tribe  or  na- 

31160  tion. 

31161  ARTICLE  3.  The  contracting  parties  hereby  agree,  promise, 

31162  and  bind  themselves  reciprocally  to  deliver  up  all  the  prisoners 

31163  now  in  their  hands  (by  what  means  soever  the  same  may  have 

31164  come  into  their  possession)  to  the  officer  commanding  at  Fort 

31165  Clarke,  on  the  Illinois  Eiver,  as  soon  as  it  maybe  practicable. 

31166  ARTICLE  4.  The  contracting  parties,  in  the  sincerity  of  mu- 

31167  tual  friendship,  recognise,  re-establish,  and  confirm  all  and  every 

31168  treaty,  contract,  and  agreement  heretofore  concluded  between 

31169  the  United  States  and  the  Poutawatamie  tribe  or  nation. 

31170  Eatified  December  26,  1815. 

31171  POTTAWOTTOMIES     OF    TUE    PEAIEIE    AND    KAN- 

31172  KAKEE. 

31173  Articles  of  a  treaty  made  and  concluded  at  Camp  Tippecanoe,  in  the 

31174  State  of  Indiana,  this  twentieth  day  of  October,  in  the  year  of 

31175  our  Lord  one  thousand  eight  hundred  and  thirty-two,  between 

31176  Jonathan  Jennings*  John  W.  Davis,  and  Marks  Crume,  com- 

31177  missioners,  on  the  part  of  the  United  States,  of  the  one  part, 

31178  and  the  chiefs  and  head-men  of  the  Potawatamie  tribe  of  In- 

31179  dians  of  the  Prairie  and  Kaukakee,  of  the  other  part. 

31180  ARTICLE  1.  The  said  Potawatamie  tribe  of  Indians  cede  to 

88  I  T 


698 

31181  the  United  States  the  tract  of  land  included  within  the  follow- 

31182  ing  boundary,  viz  : 

31183  Beginning  at  a  point  on  Lake  Michigan  ten  miles  southward 

31184  of  the  mouth  of  Chicago  River;  thence,  in  a  direct  line,  to  a 

31185  point   on  the  Kaukakee  Eiver  ten   miles   above  its  mouth; 

31186  tbence,  with  said  river  and  the  Illinois  Eiver,  to  the  mouth  of 

31187  Fox  Eiver,  being  the  boundary  of  a  cession  made  by  them  in 

31188  1816 ;  thence,  with  the  southern  boundary  of  the  Indian  Ter- 

31189  ritory,  to  the  State  line  between  Illinois  and  Indiana;  thence, 
31100  north,  with  said  line,  to  Lake  Michigan  ;  thence,  with  the  shore 

31191  of  Lake  Michigan,  to  the  place  of  beginning. 

31192  ARTICLE  2,  From  the  cession  aforesaid  the  following  tracts 

31193  shall  be  reserved,  to  wit : 

31191  Five  sections  for  Shaw-waw-nas-see,  to  include  Little  Eock 

31195  Tillage. 

31196  For  Min-e-maung,  one  section,  to  include  his  village. 

31197  For  Joseph  Laughton,  son  of  Wais-ke-shaw,  one  section ; 

31198  and  for  Ce-na-ge-wine,  one  section ;  both  to  be  located  at  Twelve 

31199  Mile  Grove,  or  Na-be-na-qui-nong. 

31200  For  Claude  Lafrarnboise,  one  section,  on  Thorn  Creek. 

31201  For  Maw-te-no,  daughter  of  Francois  Burbonnois,  jun.,  one 

31202  section,  at  Soldier's  Village. 

31203  For  Catish,  wife  of  Francis  Burbounois,  sen.,  one  section, 

31204  at  Soldier's  Village. 

31205  For  the  children  of  Wais-ke-shaw,  two  sections,  to  include 
31200  the  small  grove  of  timber  on  the  river  above  Eock  Village. 

31207  For  Jean  B.  Chevallier,  one  section,  near  Eock  Village ;  and 

31208  for  his  two  sisters,  Angelique  and  Josette,  one  half-section  each, 

31209  joining  his. 

31210  For  Me-she-ke-ten-o,  two  sections,  to  include  his  village. 

31211  For  Francis  Le  Via,  one  section,  joining  Me-she-ke-teu-o. 

31212  For  the  five  daughters  of  Mo-nee,  by  her  last  husband, 

31213  Joseph  Bailey,  two  sections. 

For  Me-saw-ke-qua  and  her  children,  two  sections,  at  Wais- 

31215  us-kucks\s  Village. 

31216  For  Sho-bon-ier,  two  sections,  at  his  village. 

31217  For  Josette  Beaubien  and  her  children,  two  sections,  to  be 

31218  located  on  Hickory  Creek. 

For  Tiierese,  wife  of  Joseph  Laframboise,  one  section ;  and 

220  for  Archange  Pettier,  one  section,  both  at  Skunk  Grove. 

For  Mau-i-to-qua  and  son,  one  half-section  each ;  for  the 
children  of  Joseph  Laframboise,  one  section,  at  Skunk  Grove. 

For  Washington  Burbonnois,  one  section,  joining  his  moth- 

J24  er's  reservation,  (Calish  Burbonnois.) 

31225  For  Ah-be-te-kezhic,  one  section,  below  the  State  line  on  the 

31226  Kaukakee  Eiver. 


699 

31227  For  Nancy,  Sally,  and  Betsey  Countreman,  children  of  En- 

31228  do-g'a,  one  section,  joining  the  reserves  near  Eock  Village. 

31229  For  Jacque  Jonveau,  one  section,  near  the  reservation  of 

31230  Me-she-ke-ten-o. 

31231  For  Wah-pou-seh  and  Qua-qui-to,  five  sections  each,  in  the 

31232  prairie  near  Eock  Village. 

31233  The  persons  to  whom  the  foregoing  reservations  are  made, 

31234  are  all  Indians  and  of  Indian  descent. 

31235  ARTICLE  3.  In  consideration  of  the  cession  in  the  first 

31236  article,  the  United  States  agree  to  pay  to  the  aforesaid  Potawa- 

31237  tamie  Indians  an  annuity  of  fifteen  thousand  dollars  for  the  term 

31238  of  twenty  years.     Six  hundred  dollars  shall  be  paid  annually  to 

31239  Billy  Caldwell,  two  hundred  dollars  to  Alexander  Eobiusou,  and 

31240  two  hundred  dollars  to  Pierre  Le  Clerc,  during  their  natural 

31241  lives. 

31242  ARTICLE  4.  The  sum  of  twenty-eight  thousand  seven  hun- 

31243  dred  and  forty-six  dollars  shall  be  applied  to  the  payment  of 

31244  certain  claims  against  the  Indians,  agreeably  to  a  schedule  of 

31245  the  said  claims  hereunto  annexed. 

31246  The  United  States  further  agree  to  deliver  to  the  said  In- 

31247  dians  forty-five  thousand  dollars  in  merchandize  immediately 

31248  after  signing  this  treaty ;  and,  also,  the  further  sum  of  thirty 

31249  thousand  dollars  in  merchandize  is  hereby  stipulated  to  be  paid 

31250  to  them,  at  Chicago,  in  the  year  1833. 

31251  There  shall  be  paid  by  the   United  States  the  sum  of  one 

31252  thousand  four  hundred  dollars  to  the  following-named  Indians, 

31253  for  horses  stolen  from  them  during  the  late  war,  as  follows,  to 

31254  wit : 

31255  To  Pe-quo-no,  for  two  horses,  eighty  dollars $80  00 

31256  To  Pa-ca-cha-be,  for  two  ditto,  eighty  dollars 80  00 

31257  To  Shaw-wa-nas-see,  for  one  ditto,  forty  dollars 40  00 

31258  To  Francis  Sho-bon-nier,  for  three  ditto,  one  hundred 

31259  and  twenty  dollars. , 120  00 

31260  To  Sho-bon-ier,  or  Cheval-ier,  for  one  ditto,  forty 

31261  dollars 40  00 

3 1262  To  Naw-o-kee,  for  one  ditto,  forty  dollars 40  00 

31263  To  Me-she-ke-ten-o,  for  one  ditto,  forty  dollars 40  00 

31264  To  Ann-take,  for  two  horses,  eighty  dollars 80  00 

31265  To  Ghe-chalk-ose,  for  one  ditto,  forty  dollars 40  00 

31266  To  Naa-a-gue,  for  two  ditto,  eighty  dollars . .     80  00 

3 1267  To  Pe-she-k^-of-le-beouf,  one  ditto,  forty  dollars 40  00 

31268  To  Naw-ca-a-sho,  for  four  ditto,  one  hundred  and  sixty 

31269  dollars '. 160  00 

31270  To  Nox-sey,  for  one  ditto,  forty  dollars 40  00 

31271  To  Ma-che-we-tah,  for  three  ditto,  one  hundred  and 

31272  twenty  dollars 120  00 


700 

31273  To  Masco,  for  one  ditto,  forty  dollars $40  00 

31274  To  Wah-pou-seh,  for  one  horse,  forty  dollars 40  00 

31275  To  Waub-e-sai,  for  three  ditto,  one  hundred  and 
3127G  twenty  dollars 120  00 

31277  To  Chi'Cag,  for  one  ditto,  forty  dollars 40  00 

31278  To  MO'Swah-en*wab,  one  ditto,  forty  dollars 40  00 

31279  To  She-bon-e-go,  one  ditto,  forty  dollars 40  00 

31280  To  Saw-saw-  wais-kuk,  for  two  ditto,  eighty  dollars..     80  00 

31281  The  said  tribe  having  been  the  faithful  allies  of  the  United 

31282  States  during  the  late  conflict  with  the  Sacs  and  Foxes,  in  con- 

31283  sideration  thereof  the  United  States  agree  to  permit  them  to 

31284  hunt  and  fish  on  the  lands  ceded,  as  also  on  the  lands  of  the 

31285  Government  on  Wabash  and  Sangamon  Rivers  so  long  as  the 
31280  same  shall  remain  the  property  of  the  United  States. 

31287  After  the  signing  of  this  treaty,  and  at  the  request  of  the 

31288  Indians,  three  thousand  dollars  was  applied  to  the  purchasing  of 

31289  horses;  which  were  purchased  and  delivered  to  the  Indians  by 

31290  our  direction,  leaving  the  ballance  to  be  paid  in  merchandize  at 

31291  this  time,  forty-two  thousand  dollars. 

31292  It  is  agreed,  on  the  part  of  the  United  States,  that  the  fol- 

31293  lowing  claims  shall  be  allowed,  agreeably  to  the  fourth  article  of 

31294  the  foregoing  treaty,  viz  : 

31295  To  Gurdon  S.  Hubbard,  five  thousand  five  hundred  and 

31296  seventy-three  dollars. 

31297  Samuel  Miller,  seven  hundred  and  ninety  dollars. 

31298  John  Bt.  Bobea,  three  thousand  dollars. 

31299  Robert  A.  Kinzie,  four  hundred  dollars. 

31300  Jacque  Joinbeaux,  one  hundred  and  fifty  dollars. 

31301  Jacque  Jombeaux,  senior,  fifteen  hundred  dollars. 

31302  Medad  B.  Bobeaux,  five  hundred  and  fifty  dollars. 

31303  Noel  Vasier,  eighteen  hundred  dollars. 

31304  Joseph  Balies,  twelve  hundred  and  fifty  dollars. 

31305  Joseph  Shawnier,  one  hundred  and  fifty  dollars. 

31306  Thomas  Hartzell,  three  thousand  dollars. 

31307  Bernardus  H.  Lawton,  three  thousand  five  hundred  dollars. 

31308  George  Walker,  seven  hundred  dollars. 

31309  Stephen  J.  Scott,  one  hundred  dollars. 

31310  Cole  Weeks,  thirty-eight  dollars. 

31311  Timothy  B.  Clark,  one  hundred  dollars. 

31312  George  Pettijohn,  fifty  dollars. 

31313  Thomas  Forsyth,  five  hundred  dollars. 

31314  Antoine  Le  Clerc,  fifty-five  dollars. 

31315  James  B.  Campbell,  fifty-three  dollars. 

31316  John  W.  Blackstone,  sixty  dollars. 

31317  Alexander  Robinson,  ninety-one  dollars. 

31318  Francis  Bulbona,  jr.,  one  thousand  dollars, 


701 

81319  John  Bt.  Chevalier,  six  hundred  and  sixty  dollars. 

31320  Joseph  La  Frombois,  four  hundred  and  forty-one  dollars, 

31321  Leori  Bourasau,  eight  hundred  dollars. 

31322  Peter  Menard,  jr.,  thirty-seven  dollars. 

31323  Joseph  Shoemaker,  eighteen  dollars. 

31324  Tunis  S.  Wendell,  one  thousand  dollars. 

31325  F.  H.  Countraman,  forty  dollars. 

31326  Samuel  Morris,  one  hundred  and  forty  dollars. 

31327  William  Conner,  two  thousand  dollars. 

31328  John  B.  Bourie,  twelve  hundred  dollars. 

31329  Proclaimed  January  21,  1833. 


31330  POTTAWOTTOMIES'OF  THE  STATE  OF  INDIANA  AND 

31331  TERRITORY  OF  MICHIGAN. 

31332  Articles  of  a  treaty  made  and  concluded  on  the  Tippecanoe  River, 

31333  in  the  State  of  Indiana,  on  the  twenty -seventh  day  of  October, 

31334  in  the  year  of  our  Lord  eighteen  hundred  and  thirty-two,  l)e- 

31335  ticeen  Jonathan  Jennings,  John  W.  Davis,  and  Marks  Grume, 

31336  commissioners  on  the  part  of  the  United  States,  and  the  chiefs 

31337  and  warriors  of  the  Potowatomies  of  the  State  of  Indiana  and 

31338  Michigan  Territory. 

31339  ARTICLE  1.  The  chiefs  and  warriors  aforesaid  cede  to  the 

31340  United  States  their  title  and  interest  to  lands  in  the  States  of 

31341  Indiana  and  Illinois,  and  in  the  Territory  of  Michigan,  south  of 

31342  Grand  River. 

31343  ARTICLE  2.  From  the  cession  aforesaid  the  following  re- 

31344  servations  are  made,  to  wit:  The  reservation  at  Po-ca-gau's  vil 

31345  lage  for  his  band,  and  a  reservation  for  such  of  the  Potowatoinies 

31346  as  are  resident  at  the  village  of  Notta-we-sipa,  agreeably  to  the 

31347  treaties  of  the  nineteenth  of  September,  eighteen  hundred  and 

31348  twenty-seven,  and  twentyeth  of  September,  1828, 

31349  For  the  band  of  Kin-Kash,  four  sections. 

3 1350  For  O-ca-chee,  one  section. 

31351  For  the  band  Mes-qua-buck,  four  sections,  to  include  his 

31352  village. 

31353  For  the  band  of  Che-kase,  four  sections,  to  include  his 

31354  village. 

31355  For  the  band  of  Che-Chaw-kose,  ten  sections,  to  include  his 

31356  village. 

31357  For  the  Potowatomies,  two  sections,  to  include  their  mills 

31358  on  Tippecauoe  River. 


702 

31359  For  the  baud  of  To-i-sas  brother  Me-mot-way,  and  Che-quam- 

313GO  ka-ko,  ten  sections,  to  include  their  village. 

31361  For  the  band  of  Ma-sac,  four  sections. 

31362  For  the  band  of  Ash-kum  and  Wee-si  o-nas,  sixteen  sections, 
313G3  to  include  their  village. 

31364  For  the  band  of  Wee-sau,  five  sections  of  land,  including 

31365  one  section  granted  to  him  by  the  treaty  of  eighteen  hundred  and 

31366  twenty-eight,  and  to  include  his  present  residence. 

31367  For  the  bauds  of  Mo-ta  and  Men-o  quet,  four  sections  each, 

31368  to  include  their  villages. 

31369  For  Be-si-ah,  four  sections. 

31370  ARTICLE  3.  The  United  States  agree  to  grant  to  each  of  the 

31371  following  persons  the  quantity  of  land  annexed  to  their  names, 

31372  which  laud  shall  be  conveyed  to  them  by  patent: 

31373  For  Mon-i-taw-quah,  daughter  of  Swa-gaw,  one  section,  to 

31374  include  Wi-me-gos  village. 

31375  For  Wee-saw,  three  sections. 

31376  For  Po-quia,  the  sister  of  Jose,  one  section. 

31377  For  Ben-ack,  eight  sections. 

31378  For  Ursule  Du-quin-dre,  one  section. 

31379  For  Ge-ueir,  one  section. 

31380  To  To-pen-ne-bee,  principal  chief,  one  section. 

31381  To  Poch-a-gan,  second  chief,  one  section. 

31382  To  Pet-chi-co,  two  sections. 

31383  To  Sau-gana,  one  section. 

31384  To  Louis  Burnett,  one  section. 

31385  To  Mam-qua,  daughter  of  Sau-ga-na,  one  section. 

31386  To  Mish-a-wa,  adopted  daughter  of  Pit-e-chew,  one  section. 

31387  To  Kesis  Shadana,  one  section. 

31388  To  Louis  Cliadana,  one  half  section. 

31389  To  Charles  Chad  an  a,  one  half- section. 

31390  To  John  B.  Chadana,  one  section. 

31391  To  Pier  Navarre's  wife,  one  section. 

31392  To  John  B.  Ducharm,  one  section. 

31393  To  Mie-saw  bee,  one  quarter-section. 

31394  To  Baptiste  L.  Clare,  one  half-section. 

31395  To  Mary  Lacomb's  children,  one  half-section. 

31396  To  Joseph  Bertrand's,  jr.,  children,  one  half-section  jointly, 

31397  To  Francis  Page,  jr.,  one  half-section. 

31398  To  Alexander  Kollaue,  a  half-blood,  one  half-section. 

31399  To  Ee-re-mo-sau,  (alias)  Panish,  one  section  and  one  half- 

31400  section,  on  the  McCou,  on  the  river  Eaison,  in  the  Michigan 

31401  Territory,  which  was  reserved  to  his  use  at  St.  Joseph's  treaty, 
3U02  of  eighteen  hundred  and  twenty-eight. 

To  Mary  Nedeau,  one  quarter-section. 

31404  To  Saw-grets,  son  of  Pier  Moran,  one  half-section. 


703 

31405  To  Isadore  Mo-mence  and  Wa-be-ga,  sons  of  Pier  Morans, 
3140G    one  quarter-section  each. 

31407  To  Poch-a-gan's  wife,  one  section. 

31408  To  Pet-qua  and  Kee  see,  sous  of  Ma-kee-sa-be,  one  half-sec- 

31409  tion. 

31410  To  Pe-uein-chis,  one  half-section. 

31411  To  Neu-a-tau-naut,  one  half-section. 

31412  To  Francis  de  Jean,  one  section. 

31413  To  Mary  Ann  Ben-ack,  wife  of  Edward  McCartney,  three 

31414  sections  of  land,  to  be  located  on  the  south  side  of  the  Turkey 

31415  Creek  Prairie. 

31416  For  Francis  Besion,  one  half-section. 

31417  For  Miss-no  qui,  a  chieftess,  four  sections. 

31418  For  Luther  Ilice,  one  quarter-section. 

31419  For  Med-lin  Aucharm,  one  quarter-section. 

31420  For  Sheanpo  Truckey,  one  section. 

31421  For  Ju-be  Actrois,  one  section. 

31422  For  Ash-kum,  two  sections. 

31423  For  Pee-pees-kah,  one  section. 

31424  For  Po-ka-kause,  one  half-section. 

31425  For  Nas-wau-kee,  one  section. 
31420  For  Man  mc-nass,  one  half-section. 

31427  For  Paul  Longlois,  one  half-section. 

31428  For  Peter  Longlois,  junr.,  one  half-section* 

31429  For  Shaw-bo- wan-tuck,  one  quarter-section. 

31430  For  Betsey  Eonsjin,  one  quarter-section. 

31431  For  John  Davis,  one  half-section. 

31432  For  Nancy  Cicott,  one  quarter-section. 

31433  For  Amelia  Cicott,  one  quarter-section. 

31434  For  Lazette  Allen,  one  quarter-section. 

31435  For  Polly  Griffith,  daughter  of  Ne-bosh,  two  sections. 

31436  For  Chop-y-tuck,  or  John  Payne,  one  section. 

31437  For  Joe  Borisau,  one  quarter-section. 

31438  For  Quash-mau,  one  quarter  section. 

31439  For  Mas-co,  one  quarter-section, 

31440  For  Mis-sink-qu-quah,  six  sections. 

31441  For  Aub-e-naub-bee,  ten  sections. 

31442  For  Nee-kaw  Dizzardee,  one  quarter-section. 

31443  For  Mog-see,  one  half-section. 

31444  To  Kaubee,  one  half-section. 

31445  To  old  Ann  Mac  i-to,  one  half-section. 

31446  To  old  Wee-saw,  one  half-section. 

31447  To  Pe-te-no-on,  one  half-section. 

31448  To  Tou-se-qua,  the  wife  of  Joe  Baily,  one  section. 

31449  To  Au-taw  co-num,  daughter  of  the  Crane,  one  section. 

31450  To  Sen-niss-quah  and  her  daughter  Nancy,  two  sections. 


704 

31451  To  James  Burnett,  one  section. 

31452  To  To-gah,  a  Potawatoinie  woman,  one  quarter-section. 

31453  To  Mary  Ann  Bruner,  one  quarter-section. 

31454  The  foregoing  reservations  shall  be  selected,  under  the  di- 

31455  rection  of  tbe  President  of  the  United  States,  after  the  lands 

31456  shall  have  been  surveyed  and  the  boundaries  to  correspond  with 

31457  the  public  surveys. 

31458  ARTICLE  4.  In  consideration  of  the  aforesaid  cession  the 
31439  United  States  will  pay  fiftesn  thousand  dollars  annually  for 

31460  twelve  years ;  thirty-two  thousand  dollars  in  goods  will  be  paid  as 

31461  soon  after  the  signing  of  these  articles  as  they  can  be  procured, 

31462  and  ten  thousand  dollars  in  goods  will  be  paid  next  spring  at 

31463  Notta-wa-si-pa,  and  to  be  paid  to  that  band,  and  pay  their  just 

31464  debts,  agreeably  to  a  schedule  hereunto  annexed,  amounting  to 

31465  twenty  thousand  seven  hundred  and  twenty-one  dollars. 

31466  The  section  of  land  granted  by  the  treaty  of  St.  Joseph  to 

31467  To-pe:nau-koung,  wife  of  Peter  Longlois,  shall  be  purchased  by 

31468  the  United  States,  if  the  same  can  be  done  for  the  sum  of  eight 

31469  hundred  dollars. 

31470  The  United  States  agree  to  appropriate,  for  the  purposes  of 

31471  educating  Indian  youths,  the  annual  sum  of  two  thousand  dol- 

31472  lars,  as  long  as  the  Congress  of  the  United  States  may  think 

31473  proper,  to  be  expended  as  the  President  may  direct. 

31474  This  treaty  shall  take  effect  and  be  obligatory  on  the  con< 

31475  tracting  parties  as  soon  as  the  same  shall  have  been  ratified  by 

31476  the  President  of  the  United  States,  by  and  with  the  advice  and 

31477  consent  of  the  Senate. 

31478  After  the  signing  of  this  treaty,  and  at  the  request  of  the 

31479  Indians,  two  thousand  seven  hundred  dollars  were  applied  to 

31480  the  purchasing  of  horses,  which  were  purchased  and  delivered 

31481  to  the  Indians  under  our  direction,  leaving  the  sum  to  be  paid 

31482  in  merchandise  at  this  time  twenty-nine  thousand  three  hundred 

31483  dollars. 

31484  It  is  agreed  on  the  part  of  the  United  States  that   he  fol- 

31485  lowing  claims  shall  be  allowed,  agreeable  to  the  fourth  article  of 

31486  the  foregoing  treaty,  viz : 

31487  To  Erasmus  Winslow,  three  hundred  dollars, 

31488  Squire  Thompson,  one  hundred  dollars. 

L.  Johnson,  three  hundred  and  seventy-five  dollars. 

31490  Francis  Comperret,  two  thousand  four  hundred  and  fifty 

31491  dollars. 

31492  lea  Rice,  fifteen  hundred  dollars. 

T.  P.  and  J.  J.  Godfroy,  two  hundred  and  fifty  dollars. 
Joseph  Smith,  twenty-six  dollars. 
James  Aveline,  ninety-eight  dollars. 
31496  Edward  Smith,  forty-seven  dollars. 


705 


31497 
31498 
31499 
31500 
31501 
31502 
31503 
31504 
31505 
31506 
31507 
31508 
31509 
31510 
31511 
31512 
31513 

31514 

31515 
31516 
31517 
31518 
31519 
31520 

31521 
31522 
31523 
31524 
31525 
31526 
31527 
31528 
31529 
31530 
31531 
31532 
31533 
31534 
31535 
31536 
31537 
31538 
31539 
31540 


Gustavus  A.  Everts,  two  hundred  dollars. 

Alexis  Coquillard,  five  thousand  one  hundred  dollars. 

Lathrop  M.  Taylor,  two  thousand  two  hundred  and  eighty 
dollars. 

Peter  and  J.  J.  Godfrey,  three  thousand  five  hundred  dol 
lars. 

E.  A.  Forsyth,  eighteen  hundred  dollars. 

Louis  Dupuis,  forty  dollars. 

Timothy  S.  Smith,  three  hundred  and  ninety  dollars. 

William  Huff',  one  hundred  dollars. 

Thomas  Jones,  two  hundred  and  seventy-five  dollars. 

Michael  Cadieux,  four  hundred  and  ninety  dollars. 

Arthur  Patterson,  nine  hundred  dollars. 

Samuel  McGeorge,  three  hundred  and  fifty  dollars. 

D.  H.  Colerick,  one  hundred  and  fifty  dollars. 

James  Conner,  one  thousand  dollars. 

Proclaimed  January  21,  1833. 

POTTAWOTOMIES— CAM-O-ZA,  CHIEF. 

Articles  of  a  treaty  made  and  concluded  at  a  camp  on  Lake 
Max-ee-nie-lcue-kee,  in  the  State  of  Indiana,  between  William 
Marshall,  commissioner  on  the  part  of  the  United  States,  and 
Com-o-za,  a  chief  of  the  Potawattimie  tribe  of  Indians,  and  his 
land,  on  the  fourth  day  of  December,  in  the  year  eighteen  hun 
dred  and  thirty  four. 

ARTICLE  1.  The  above-named  chief  and  his  band  hereby 
cede  to  the  United  States  the  two  sections  of  land  reserved  for 
them  by  the  2d  article  of  the  treaty  between  the  United  States 
and  the  Pottawattimie  Indians  on  Tippecanoe  River  on  the 
26th  day  of  October,  in  the  year  eighteen  hundred  and  thirty- 
two. 

ARTICLE  2.  The  above-named  chief  and  his  band  agree  to 
yield  peaceable  possession  of  said  sections  within  three  years 
from  the  date  of  the  ratification  of 'said  treaty  of  eighteen  hun 
dred  and  thirty -two. 

ARTICLE  3.  In  consideration  of  the  cession  aforesaid  the 
United  States  stipulate  to  pay  the  above-named  chief  and  his 
band  the  sum  of  four  hundred  dollars  in  goods  at  the  signing  of 
this  treaty,  and  an  annuity  of  four  hundred  dollars  for  one  year, 
the  receipt  of  which  former  sum  of  (four  hundred  dollars  in 
goods)  is  hereby  acknowledged. 

ARTICLE  4.  This  treaty  shall  be  binding  upon  both  parties 
from  the  date  of  its  ratification  by  the  President  and  Senate  of 
the  United  States. 

Proclaimed  March  16,  1835. 
89  I  T 


706 

31541  POTTAWOTTOMIES— MUCK-ROSE,  CHIEF. 

31542  Articles  of  a  treaty  made  and  concluded  at  a  camp  on  Tippecanoe 

31543  River,  in  the  State  of  Indiana,  between    William   Marshall, 

31544  commissioner  on  the  part  of  the  United  States,  and  Muck-Rose, 

31545  a  chief  of  the  Potaicattamie  tribe  of  Indians,  and  Jiis  land,  on 

31546  the  tenth  day  of  December,  in  the  year  eighteen  hundred  and 

31547  thirty-four. 

31548  ARTICLE  1.  The  above-named  chief  arid  his  band  hereby 

31549  cede  to  the  United  States  six  sections  of  land  reserved  for  them 

31550  by  the  second  article  of  the  treaty  between  the  United  States 

31551  and  the  Pottawattamie  Indians  on  Tippecanoe  Elver  on  the 

31552  twenty-sixth  day  of  October,  in  the  year  eighteen  hundred  and 

31553  thirty-two. 

31554  ARTICLE  2.  The  above-named  chief  and  his  band  agree  to 

31555  yield  peaceable  possession  of  the  said  sections  of  land  to  the 
3155G  United  States  within  three  years  from  the  date  of  the  ratifica- 

31557  tion  of  said  treaty  of  eighteen  hundred  and  thirty- two. 

31558  ARTICLE  3.  In  consideration  of  the  cession  aforesaid  the 
31550  United  States  stipulate  to  pay  to  the  above-named  chief  and  his 
315GO  band  four  hundred  dollars  in  goods  at  the  signing  of  this  treaty, 
315G1  and  an  annuity  of  one  thousand  dollars  for  two  years,  the 
315G2  receipt  of  which  former  sum  of  (four  hundred  dollars  in  goods) 

31563  is  hereby  acknowledged. 

31564  ARTICLE  4.  This  treaty  shall  be  binding  upon  both  parties 

31565  from  the  date  of  its  ratification  by  the  President  and  Senate 

31566  of  the  United  States. 

31567  Proclaimed  March  16,  1835. 


31568  POTTAWATTOMIES— MOTA,  CHIEF. 

31560  Articles  of  a  treaty  made  and  concluded  at  the  Indian  agency,  Lo- 

31570  gansport,  Indiana,  between  William  Marshall,  commissioner 

31571  on  the  part  of  the  United  States,  and  Mota,  a  chief  of  the  Po- 

31572  tawattimie  tribe  of  Indians,  and  his  band,  on  the  1.7th  day  of 

31573  December,  in  the  year  eighteen  hundred  and  thirty-four. 

31574  ARTICLE  1.  The  above-named  chief  and  his  band  hereby 

31575  cede  to  the  United  States  the  four  sections  of  land  reserved  for 

31576  them  by  the  second  article  of  the  treaty  between  the  United 

31577  States  and  the  Potawattimie  Indians  on  the  twenty-seventh  day 

31578  of  October,  in  the  year  eighteen  hundred  and  thirty -two. 
31570  ARTICLE  2.  The  above-named  chief  and  head-men  and  their 


707 

31580  band  do  hereby  agree  to  yield  peaceable  possession  of  said  sec- 

31581  tious,  aud  to  remove,  with  their  families,  to  a  country  provided 

31582  for  them  by  the  United  States  west   of  the  Mississippi  Eiver 

31583  within  three  years  or  less  from  the  date  of  the  ratification  of 

31584  said  treaty  of  eighteen  hundred  and  thirty-two. 

31585  ARTICLE  3.  The  United  States,  in  consideration  of  the  ces- 

31586  sion  made  in  the  first  article  of  this  treaty,  do  hereby  stipulate 

31587  to  remove  the  above-na'med  chief  and  head-men  and  their  bauds 

31588  to  the  new  country  provided  for  them,  and  to  furnish  them* 

31589  either  goods,  farming-utensils,  or  other  articles  necessary  for 

31590  them,  agreeably  to  the  provisions  of  the  fifth  article  of  the  treaty 

31591  of  October  twenty-sixth,  eighteen  hundred  and  thirty-two. 

31592  ARTICLE  4.  The  United  States  further  stipulate  to  pay  to 

31593  the  above-named  chief  and  head-men  and  their  bands  the  sum 

31594  of  six  hundred  and  eighty  dollars  in  goods  at  the  signing  of  this 

31595  treaty,  and  the  farther  sum  of  six  hundred  dollars  in  cash  at 

31596  the  payment  of  their  annuities  in  1835,  the  receipt  of  which 

31597  former  sum  of  (six  hundred  and  eighty  dollars  in  goods)  is  hereby 

31598  acknowledged. 

31599  ARTICLE  5.  This  treaty  shall  be  binding  upon  both  parties, 

31600  from  the  date  of  its  ratification  by  the  Senate  of  the  United 

31601  States. 

31602  Proclaimed  March  16,  1835. 


31603  POTTAWOTTOMIES— MES-QUAW-BUCK,  CHIEF. 

31604  Articles  of  a  treaty  made  and  concluded  at  camp  in  Turkey  Creek 

31605  Prairie,  in  the  State  of  Indiana,  between  Abel  C.  Pepper,  a 

31606  commissioner  of  the  United  States,  and  Mes-quaw-buck,  a  chief 

31607  of  the  Pottawatamy  tribe  of  Indians,  and  his  band,  on  ticenty- 

31608  sixth  day  of  March,  in  the  year  eighteen  hundred  and  thirty-six. 

31609  ARTICLE  1.  The  above-named  chief  and  his  band  hereby 

31610  cede  to  the  United  States  the  four  sections  of  land  reserved  for 

31611  them  by  the  second  article  of  the  treaty  between  the  United 

31612  States  and  the  Pottawatamy  Indians  on  Tippecanoe  Eiver  on  the 

31613  twenty-seventh  day  of  October,  1832. 

31614  ARTICLE  2.  In  consideration  of  the  cession  aforesaid  the 

31615  United  States  stipulate  to  pay  the  above-named  chief  and  his 

31616  band  the  sum  of  twenty-five  hundred  and  sixty  dollars  in  specie 

31617  at  the  next  payment  of  annuity  after  the  ratification  of  this 

31618  treaty. 

31619  ARTICLE  3.  The  United  States  stipulate  to  provide  for  the 


708 

31G20  payment  of  the  necessary  expenses  attending  the  making-  and 

31621  concluding  this  treaty. 

31622  ARTICLE  4.  The  above-named  chief  and  his  baud  agree  to 

31623  yield  peaceable  possession  of  the  above  sections  of  land  and  re- 

31624  move  to  the  country  west  of  the  Mississippi  provided  for  the 

31625  Pottawatainy  Nation  by  the  United   States  within  two  years 

31626  from  this  date. 

31627  ARTICLE  5.  This  treaty  shall  be  binding  upon  both  parties 
31628*  from  the  date  of  its  ratification  by  the  President  and  Senate  of 

31629  the  United  States. 

31630  Proclaimed  June  4,  1836. 


31631  POTTAWATTOMIES— WAU-KE-WA,  CUE  COSE'S   ONLY 

31632  SON,  A  CHIEF. 

31633  Articles  of  a  treaty  made  and  concluded  on  Tippecanoe  River,  in 

31634  the  State  of  Indiana,  bettceen  Abel  C.  Pepper, commissioner  on 

31635  the  part  of  the  United  States,  and  Wau-lce-wa,  Che-cose's  only 

31636  sott,  a  Pottawatamy  chief,  and  his  hand,  on  the  twenty-ninth 

31637  day  of  March,  eighteen  hundred  and  thirty-six. 

31638  ARTICLE  1.  The  above-named  chief  and  his  band  hereby 

31639  cede  to  the  United  States  the  four  sections  of  land  reserved  for 

31640  them  by  the  second  article  of  the  treaty  between  the  United 

31641  States  and  the  Pottawatamy  Indians. 

31642  ARTICLE  2.  The  above-named  chief  and  his  band  agree  to 

31643  yield  peaceable  possession  of  said  laud  within  three  months  from 

31644  this  date,  and  to  remove  to  the  country  provided  for  the  Potta- 

31645  watamy  Nation  west  of  the  Mississippi  River  within  two  years. 

31646  ARTICLE  3.  In  consideration  of  the  cession  aforesaid  the 

31647  United  States  stipulate  to  pay  the  above-named  chief  and  his 

31648  band  twenty-five  hundred  and  sixty  dollars  in  specie  at  the  first 

31649  payment  of  annuity  after  the  ratification  of  this  treaty. 

31650  ARTICLE  4.  The  United  States  stipulate  to  provide  for  the 

31651  payment  of  the  necessary  expenses  attending  the  making  and 

31652  concluding  this  treaty. 

31653  ARTICLE  5.  This  treaty  shall  be  binding  upon  both  the 

31654  parties  from  the  date  of  its  ratification  by  the  President  and 

31655  Senate  of  the  United  States. 

31656  Proclaimed  June  4,  1836. 


709 


31C57  POTTAWATTOMIES— PAU-KOO-SHUCK,     CHIEF,     ETC. 

31G58  Articles  of  a  treaty  made  and  concluded  at  a  camp  on  Tippecanoe 

31659  River,  in  the  State  of  Indiana,  between  Abel  C.  Pepper,  com- 

31660  missioner  on  the  part  of  the  United  States,  and  Pau-koo-shuck, 

31661  Aub-ba-naub-ba?s    oldest    son,  and  the  head-men  of  Aubba- 

31662  naub-bajs  band  of  Potawattimie  Indians,  this  eleventh  day  of 

31663  April,  in  the  year  eighteen  hundred  and  thirty-six. 

31664  ARTICLE  1.  The  aforesaid  Pau-koo-shuck  aud  the  head-men 

31665  of  Aub-ba-naub-ba7s  band  hereby  cede  to  the  United  States  the 

31666  thirty-six  sections  of  land  reserved  for  them  by  the  second  article 

31667  of  the  treaty  between  the  United  States  and  the  Potawattiniio 

31668  Indians  on  Tippecanoe  Eiver  on  the  twenty-sixth  day  of  Octo- 

31669  ber,  in  the  year  eighteen  hundred  and  thirty-two. 

31670  ARTICLE  2.  In  consideration  of  the  cession  aforesaid  the 

31671  United  States  stipulate  to  pay  to  the  aforesaid  band  the  sum  of 

31672  twenty-three  thousand  and  forty  dollars  in  specie,  one-half  at  the 
3L673  first  payment  of  annuity  after  the  ratification  of  this  treaty,  and 

31674  the  other  half  at  the  succeeding  payment  of  annuity. 

31675  ARTICLE  3.  The  above-named  Pau-koo-shuck  and  his  baud 

31676  agree  to  remove  to  the  country  west  of  the  Mississippi  Eiver 

31677  provided  for  the  Potawattimie  Nation  by  the  United   States 

31678  within  two  years. 

31679  ARTICLE  4.  This  treaty,  after  the  same  shall  be  ratified  by 

31680  the  President  and  Senate  of  the  United  States,  shall  be  binding 

31681  upon  both  parties. 

31682  Proclaimed  May  25,  1836. 


31683         POTTAWOTTOMIES— 0-KAH-MAUSE,  CHIEF,  ETC. 


31684  Articles  of  a  treaty  made  and  concluded  at  the  Indian  agency  in 

31685  the  State  of  Indiana,  between  Abel  C.  Pepper,  commissioner  on 

31686  the  part  of  the  United  States,  and  0-kah-mause,  Kee-icaiv-nay, 

31687  N'ee-boash,  and  Mat-chis-jaw,  chiefs  and  head-men  of  the  Pata- 

31688  wattimie  tribe  of  Indians,  and  their  bands,  on  the  twenty-second 

31689  day  of  April,  in  the  year  eighteen  hundred  and  thirty-six. 

31690  ARTICLE  1.    The  above-named  chiefs  and  head-men  and 

31691  their  bands  hereby  cede  to  the  United  States  ten  sections  of 

31692  land  reserved  for  them  by  the  second  article  of   the  treaty  be- 

31693  tween  the  United  States  and  the  Patawattimie  tribe  of  Indians 


710 

on  Tippecaiioe  Eiver  on  the  26th  day  of  October,  in  the  year 

31695  1832. 

31G9G  ARTICLE  2.  In  consideration  of  the  cession  aforesaid  the 

31697  United  States  stipulate  to  pay  to  the  above-named  chiefs  and 

31698  head-men  and  their  bands  the  sum  of  six  thousand  four  hun- 

31699  dred  dollars  at  the  first  payment  of  annuity  after  the  ratifica- 

31700  tion  of  this  treaty. 

31701  ARTICLE  3.  The  above-named  chiefs   and  head-men    and 

31702  their  bauds  agree  to  remove  to  the  country  west  of  the  Missis- 

31703  sippi  Eiver  provided  for  the  Patawattimie  Nation  by  the  United 

31704  States  within  two  years. 

31705  ARTICLE  4.  The  United  States  stipulate  to  provide  for  the 

31706  payment  of  the  necessary  expenses  attending  the  making  and 

31707  concluding  this  treaty. 

31708  ARTICLE  5.  This  treaty,  after  the  same  shall  be  ratified  by 

31709  the  President  and  Senate  of  the  United  States,  shall  be  binding 

31710  upon  both  parties. 

31711  Proclaimed  May  25,  1836. 


31712  POTTAWOTTOMIES— NAS-WAW-KEE,   ETC.,  CHIEFS. 

31713  Articles  of  a  treaty  made  and  concluded  at  the  Indian  agency  in 

31714  tlie  State  of  Indiana,  between  Abel  C.  Pepper,  commissioner  on 

31715  the  part  of  the  United  States,  and  Nas-waw-Jcee  and  Quash- 

31716  quaiv,  chiefs  and  head-men  of  the  Patawattimie  tribe  of  In- 

31717  dians,  and  their  lands,  on  the  22d  day  of  April,  1836. 

31718  ARTICLE  1.  The  above-named  chiefs   and  head-men   and 

31719  their  bands  hereby  cede  to  the  United  States  three  sections  of 

31720  land  reserved  for  them,  by  the  second  article  of  the  treaty  be- 

31721  tween  the  United  States  and  the  Patawattimie  tribe  of  Indians 

31722  on  Tippecanoe  Eiver  on  the  26th  day  of  October,  1832. 

31723  ARTICLE  2.  In  consideration  of  the  cession  aforesaid  the 

31724  United  States  stipulate  to  pay  the  above  chiefs  and  head-men 

31725  and  their  bands  nineteen  hundred  and  twenty  dollars  at  the 

31726  first  payment  of  annuity  after  the  ratification  of  this  treaty. 

31727  ARTICLE  3.  The  above-named  chiefs   and  head-men   and 

31728  their  bands  agree  to  give  possession  of  the  aforesaid  three  sec- 

31729  tions  of  land  and  remove  to  the  country  west  of  the  Mississippi 

31730  Eiver  provided  by  the  United  States  for  the  Potawattimie  Nation 

31731  of  Indians  within  two  years  from  this  date. 

31732  ARTICLE  4.  The  United  States  stipulate  to  provide  for  the 

31733  payment  of  the  necessary  expenses  attending  the  making  and 

31734  concluding  this  treaty. 


711 

31735  ARTICLE  5.  This  treaty,  after  the  same  shall  be  ratified  by 

31736  the  President  and  Senate  of  the  United  States,  shall  be  binding 

31737  upon  both  parties. 

31738  Proclaimed  May  25,  183G. 


31739  POTTAWOTTOMIES— TO-I-SA'S 

31740  CHIEFS. 


BROTHER,    ETC., 


31741  Articles  of  a  treaty  made  and  concluded  at  Chippewanaung,  in  the 

31742  State  of  Indiana,  between  Abel  C.  Pepper,  commissioner  on  the 

31743  part  of  the  United  States,  and  To-i-sa>s  brother,  Me-mat-way, 

31744  and  Che-quaiv-lca-Jco,  chiefs  and  head-men  of  the  Patawattimie 

31745  tribe  of  Indians,  and  their  band,  on  the  twentieth  day  of  Sep- 
3174G  tember,  in  the  year  eighteen  hundred  and  thirty-six. 

31747  ARTICLE  1.  The  above-named  chiefs   and  head-men    and 

31748  their  band  hereby  cede  to  the  United  States  ten  sections  of 
31740  land  reserved  for  them  by  the  second  article  of  the  treaty  be- 

31750  tween  the  United  States  and  the  Patawattimie  tribe  of  Indians 

31751  on  Tippecanoe  River  on  the  27th  day  of  October,  in  the  year 

31752  1832. 

31753  ARTICLE  2.  In  consideration  of  the  cession  aforesaid  the 

31754  United  States  stipulate  to  pay  the  above-named  chiefs   and 

31755  head-men  and  their  band  the  sum  of  eight  thousand  dollars  on 

31756  or  before  the  first  day  of  May  next. 

31757  ARTICLE  3.  The  above-named  chiefs   and  head-men   and 

31758  their  baud  agree  to  remove  to  the  country  west  of  the  Missis- 
31750  sippi  River  provided  for  the  Patawattimie  Nation  by  the  United 

31760  States  within  two  years. 

31761  ARTICLE  4.  At  the  request  of  the  above-named  band  it  is 

31762  stipulated  that  after  the  ratification  of  this  treaty  the  United 

31763  States  shall  appoint  a  commissioner,  who  shall  be  authorized  to 

31764  pay  such  debts  of  the  said  band  as  may  be  proved  to  his  satis- 

31765  faction  to  be  just,  to  be  deducted  from  the  amount  stipulated 

31766  in  the  second  article  of  this  treaty. 

31767  ARTICLE  5.  The  United  States  stipulate  to  provide  for  the 

31768  payment  of  the  necessary  expenses  attending  the  making  and 
31760  concluding  this  treaty. 

31770  ARTICLE  6.  This  treaty,  after  the  same  shall  be  ratified  by 

31771  the  President  and  Senate  of  the  United  States,  shall  be  binding 

31772  upon  both  parties. 

31773  Proclaimed  February  18,  1837. 


712 

31774  POTTAWOTTOMIES— PE-P1N-A-WAW,  ETC.,  CHIEFS. 

31775  Articles  of  a  treaty  made  and  concluded  at  a  camp  near  Yellow 

31776  River,  in  tlie  State  of  Indiana,  between  Abel  C.  Pepper,  com- 

31777  missioner  on  the  part  of  the  United  States,  and  Pe-pin-a-ivaw, 

31778  No-taiv-TcaJi,  &  Mac-lcdh-tah-mo-dh,  chiefs  and  head-men  of  the 

31779  Potaicattimle  tribe  of  Indians,  and  their  lands,  on  the  fifth 

31780  day  of  August,  in  the  year  eighteen  hundred  and  thirty-six. 

31781  ARTICLE  1.  The  above-named  chiefs   and  head-men    and 

31782  their  bauds  hereby  cede  to  the  United  States  twenty -two  sec- 

31783  tions  of  land,  reserved  for  them  by  the  second  article  of  the 

31784  treaty  between  the  United  States  and  the  Potawattimie  tribe  of 

31785  Indians,  on  Tippecauoe  Kiver,  on  the  twenty-sixth  day  of  Octo- 
3I78G  ber,  in  the  year  eighteen  hundred  and  thirty-two. 

31787  ARTICLE  2.  In  consideration  of  the  cession  aforesaid  the 

31788  United  States  stipulate  to  pay  to  the  above-named  chiefs  and 

31789  head-men  and  their  bauds  the  snrn  of  fourteen  thousand  and 

31790  eighty  dollars  in  specie  after  the  ratification  of  this  treaty,  and 

31791  on  or  before  the  first  day  of  May  next  ensuing  the  date  hereof- 

31792  ARTICLE  3.  The  above-named  chiefs  and  head-men  and  their 

31793  bands  agree  to  remove  to  the  country  west  of  the  Mississippi 

31794  Eiver  provided  for  the  Potawattimie  Nation  by  the  United  States 

31795  within  two  years. 

31796  ARTICLE  4.  At  the  request  of  the  above-named  baud  it  is 

31797  stipulated  that  after  the  ratification  of  this  treaty  the  United 

31798  States  shall  appoint  a  commissioner,  who  shall  be  authorized  to 

31799  pay  such  debts  of  the  said  band  as  may  be  proved  to  his  satis- 

31800  faction  to  be  just,  to  be  deducted  from  the  amount  stipulated  in 

31801  the  second  article  of  this  treaty. 

31802  ARTICLE  5.  The  United  States  stipulate  to  provide  for  the 

31803  payment  of  the  necessary  expences  attending  the  making  and 
31801  concluding  this  treaty. 

31805  ARTICLE  6.  This  treaty,  after  the  same  shall  be  ratified  by 

31806  the  President  and  Senate  of  the  United  States,  shall  be  binding 

31807  upon  both  parties. 

31808  Proclaimed  February  18,  1837. 


713 


31809 


POTTAWATTOMIES  OF  THE  WABASH. 


31810 
31811 
31812 
31813 
31814 
31815 

31816 
31817 
31818 
31819 
31820 
31821 
31822 
31823 
31824 
31825 
3182G 
31827 
31828 
31829 
31830 
31831 
31832 
31833 
31834 
31835 
31836 
31837 
31838 
31839 
31840 
31841 
31842 
31843 
31844 
31845 
31846 
31847 
31848 
31849 
31850 


Articles  of  a  treaty  made  and  concluded  at  Chippe-way-naung,  in 
the  State  of  Indiana,  on  the  twenty-third  day  of  September,  in 
the  year  one  thousand  eight  hundred  and  thirty-six,  between 
A  bet  C.  Pepper,  commissioner  on  the  part  of  the  United  States, 
and  the  chiefs,  warriors,  and  head-men  of  the  Potaicattamie 
Indians  of  the  Wabash. 

ARTICLE  1.  The  chiefs,  warriors,  and  head-men  of  the  Pota- 
wattamies  of  the  Wabash  hereby  cede  to  the  United  States,  all 
the  laud  belonging  to  the  said  tribe  in  the  State  of  Indiana,  and 
designated  in  the  treaty  of  1832,  (proclaimed  January  21, 1833,) 
(between  Jonathan  Jennings,  John  W.  Davis,  and  Marks  Grume, 
commissioners  of  the  United  States,  and  the  chiefs  and  warriors 
of  the  Potawattimies  of  the  State  of  Indiana  and  Michigan 
Territory.)  as  reservations  for  the  use  of  the  following  bands,  viz: 

For  the  baud  of  Kin-krash,  four  sections 4  sec. 

For  the  baud  of  Che-chaw-kose,  ten  sections 10  do. 

For  the  baud  of  Ash-kum  and  Wee-si-o-nas,  sixteen  sec 
tions  „ , .   16  do. 

For  the  baud  of  We-saw,  four  sections , . .     4  do. 

For  the  band  of  Mo-ta,  four  sections 4  do. 

For  the  bauds  of  Mi-no-quet,  four  sections 4  do. 

42 

ARTICLE  2.  In  consideration  of  the  cession  aforesaid,  the 
United  States  stipulate  to  pay  the  above  chiefs,  warriors,  and 
head-men  of  the  Potawattimie  Nation  one  dollar  aud  twenty- 
five  cents  per  acre,  or  thirty-three  thousand  six  hundred  dollars, 
(33,600,)  in  specie,  on  or  before  the  first  of  May,  in  the  year 
eighteen  hundred  and  thirty-seven. — (Procliarned  January  21, 
1833.) 

ARTICLE  3.  The  above-named  chiefs,  warriors,  and  head-men 
of  the  Potowattimies  of  the  Wabash  agree  to  remove  to  the  coun 
try  west  of  the  Mississippi  Kiver  provided  for  the  Potawattimie 
Nation  by  the  United  States  within  two  years. 

ARTICLE  4.  At  the  request  of  the  above-named  chiefs,  war 
riors,  aud  head-men  of  the  Potawattimies  aforesaid,  it  is  stipu 
lated  that,  after  the  ratification  of  this  treaty,  the  United  States 
shall  appoint  a  commissioner,  who  shall  be  authorized  to  pay  such 
debts  of  said  Wabash  Potawattimies  as  may  be  proved  to  his 
satisfaction  to  be  just,  to  be  deducted  from  the  amount  stipulated 
in  the  2d  article  of  this  treaty. 
90  I  T 


714 

31851  ARTICLE  5.  The  United  States  stipulate  to  provide  for  the 

31852  payment  of  the  necessary  .expenses  attending  the  making  and 

31853  concluding  this  treaty. 

31854  ARTICLE  G.  This  treaty  shall  be  binding  upon  the  parties 

31855  aforesaid  from  the  date  of  its  ratification  by  the  President  and 

31856  Senate  of  the  United  States. 

31857  Proclaimed  February  18,  1837. 


;U8r>8  POTTAVVOTTOM1ES,  MO-SACK,  CHIEF. 

31859  Articles  of  a  treaty  made  and  concluded  at  Chippewanaung,  in  the 

31860  State  of  Indiana,  between  A.  C.  Pepper,  commissioner  on  the 
3  186  1           pa  rt  of  the  United  States,  and  Mo-saclc,  chief  of  the  Potaicattim  ie 
318613  tribe  of  Indians,  and  Ms  band,  on  the  twenty-second  day  of  Sep- 

31863  tember,  in  the  year  eighteen  hundred  and  thirty  -six. 

31864  ARTICLE  1.  The  above-named  chief  and  his  band  hereby 

31865  cede  to  the  United  States  four  sections  of  land,  reserved  for 

31866  him  and  his  band  by  the  2nd  article  of  the  treaty  between  the 

31867  United  States  and  the  Potawattimie  tribe  of  Indians,  on  Tip- 

31868  pecanoe  River,  on  the  27th  day  of  October,  in  the  year  eighteen 

31869  hundred  and  thirty-two,  (proclaimed  January  21,  1833.) 

31870  ARTICLE  2.  In  consideration  of  the  cession  aforesaid,  the 

31871  United  States  stipulate  to  pay  the  above-named  chief  and  his 

31872  band  the  sum  of  three  thousand  two  hundred  dollars,  on  or  be- 

31873  fore  the  first  of  May  next. 

31874  ARTICLE  3.  The  above-named  chief  and  his  band  agrete  to 

31875  remove  to  the  country  west  of  the  Mississippi  River  provided 

31876  for  the  Potawattimie  Nation  'by  the  United  States   within  two 

31877  years. 

31878  ARTICLE  4.  At  the  request  of  the  above-named  chief  and 

31879  his  band,  it  is  stipulated  that  after  the  ratification  of  this  treaty 
51880  the  United  States  shall  appoint  a  commissioner,  who   shall  be 
3188.1  authorized  to  pay  such  debts  of  the  said  band  as  may  be  proved 
31882  to  his  satisfaction  to  be  just,  to  be  deducted  from  the  amount 
H883  stipulated  in  the  second  article  of  this  treaty. 

*1884  ARTICLE  5.  The  United  States  stipulate  to  provide  for  the 

L885  payment  of  the  necessary   expenses  attending  the  making  and 

31886  concluding  this  treaty.    ^ 

887  ARTICLE  6.  This  treaty,  after  the  same  shall  be  ratified  by 

the  President  and  Senate  of  the  United  States,  shall  be  binding 

31889  upon  both  parties. 

31890  Proclaimed  February  16,  1837. 


715 

31891  POTTAWOTTOMIES,   CHEE-CHAW-KOSE,    CHIEF. 

318913  Articles  of  a  treaty  concluded  in  the  city  of  Washington  on  the 

31893  eleventh  day  of  February,  eighteen  hundred  and  thirty-seven, 

31894  beticeen  John  T.  Douglass,  commissioner  on  the  part  of  the 

31895  United  States,  and  Ghee-chaw -~kose,  Ash-7mm  Wee-saw,  or  Lou- 

31896  ison,  Muck-~kose,  and  Qui-qui-to,  chiefs  of  the  Potawatomie 

31897  tribe  of  Indians. 

31898  ARTICLE  1.  The  chiefs  and  head-men  above  named  do,  for 

31899  themselves  and  their  respective  bands,  sanction  and  give  their 

31900  assent  to  the  provisions  of  the  treaties  concluded  between  A.  C. 

31901  Pepper,  commissioner  on  the  part  of  the  United  States,  and 

31902  certain  chiefs  and  young  men  of  the  Potawatomie  tribe  of  Indians, 

31903  on  the  5th  day  of  August  and  23d  day  of  September,  1S3G,  (both 

3 1904  proclaimed  February  18, 1837,)  in  which  were  ceded  to  the  United 

31905  States  certain  lands  in  the  State  of  Indiana,  in  which  the  chiefs 

31906  and  head-men  above  named  have  an  interest,  the  same  having 

3 1907  been  reserved  for  them  and  their  bands,  respectively,  in  the  treaties 

31908  of  October  26th  and  27th,  1832.  And  the  chiefs  and  head-men  above 

31909  named,  for  themselves  and  their  bands,  do  hereby  cede  to  the 

31910  United  States  all  their  interest  in  said  lands,  and  agree  to  remove 

31911  to  a  country  that  maybe  provided  for  them  by  the  President  of 

31912  the  United  States  southwest  of  the  Missouri  River,  within  two 

31913  years  from  the  ratification  of  this  treaty. 

31914  ARTICLE  2.  The  United  States  agree  that  the  several  sums, 

31915  for  the  payment  of  which  provision  is  made  in  the  treaties  of 

31916  August  and  September,  183G,  referred  to  in  the  preceding  arti- 

31917  cle,  shall  be  paid  to  the  respective  chiefs  and  bands  for  whose 

31918  benefit  the  lands  ceded  by  said  treaties  were  reserved. 

31919  ARTICLE  3.  The  United  States  further  agree  to  convey,  by 

31920  patent,  to  the  Potawatomies  of  Indiana,  a  tract  of  country  on 

31921  the  Osage  River,  southwest  of  the  Missouri  River,  sufficient  in 

31922  extent  and  adapted  to  their  habits  and  wants  ;  remove  them  to 

31923  the  same  ;  furnish  them  with  one  year's  subsistence  after  their 

31924  arrival  there,  and  pay  the  expenses  of  this  treaty  and  of  the 

31925  delegation  now  in  this  city. 

3192G  ARTICLE  4.  It  is  further  stipulated  that  the  United  States 

31927  will  purchase  the  "five  sections  in  the  prairie,  near  Rock  Vil* 

31928  lage,"  reserved  for  Qui-qui-to  in  the  second  article  of  the  treaty 

31929  of  October  20th,  1832,  for  the  sum  of  $4,000,  to  be  paid  to  said 

31930  chief  at  such  times  and  places  as  the  President  of  the  United 

31931  States  may  think  proper. 

31932  ARTICLE  5.  This  treaty  to  be  obligatory  upon  the  contract- 

31933  ing  parties  whon  ratified  by  the  President  and  Senate  of  the 

31934  United  States. 

31935  Proclaimed  February  18,  1837. 


716 


3193G  ,                                          QUAPAWS. 

31937  A  treaty  of  friendship,  cession,  and  limits,  made  and  entered  into 

31938  this  twenty-fourth  day  of  August,  eighteen  hundred  and  eicjht- 

31939  cen,  by  and  "between  William  Claris  and  Auguste  Chouteau, 

31940  commissioners  on  the  part  and  behalf  of  the  United  States,  of 

31941  the  one  part,  and  the  undersigned  chiefs  and  warriors  of  the 

31942  Quapaw  tribe  or  nation,  on  the  part  and  behalf  of  their  said 

31943  tribe  or  nation,  of  the  other  part. 

31944  ARTICLE  1.  The  undersigned  chiefs  and  warriors,  for  them- 

31945  selves  and  their  said  tribe  or  nation,  do  hereby  acknowledge 
3194G  themselves  to  be  under  the  protection  of  the  United  States,  and 

31947  of  no  other  state,  power,  or  sovereignty  whatsoever. 

31948  ARTICLE  2.  The  undersigned  chiefs  and  warriors,  forthem- 
.'51940  selves  and  their  said  tribe  or  nation,  do  hereby,  for  and  in  con- 
31or>()  sideration  of  the  promises  and  stipulations  hereinafter  named, 

31951  cede  and  relinquish  to  the  United  States  forever  all  the  lands 

31952  within  the  following  boundaries,  viz  :  Beginning  at  the  mouth 

31953  of  the  Arkansaw  River ;  thence  extending  up  the  Arkansaw  to 

31954  the  Canadian  Fork,  and  up  the  Canadian  Fork  to  its  source  ; 

31955  thence  south  to  Big  Red  Eiver,  and  down  the  middle  of  that 
3195G  river  to  the  Big  Raft ;  thence  a  direct  line  so  as  to  strike  the 

31957  Mississippi  River  thirty  leagues  in  a  straight  line  below  the 

31958  mouth  of  Arkansaw,  together  with  all  their  claims  to  land  east 
.'51050  of  the  Mississippi  and  north  of  the  Arkansaw  River  included 
310GO  within  the  coloured  lines  1,  2,  and  3  on  the  above  map,  *  with 
•'51!M)1  the  exception  and  reservation  following,  that  is  to  say,  the  tract 
319G2  of  country  bounded  as  follows:  Beginning  at  a  point  on  the 
319(>3  Arkansaw  River  opposite  the  present  post  of  Arkansaw,  and 
31904  running  thence  a  due  southwest  course  to  the  Washita  River  ; 
•'510G5  thence  up  that  river  to  the  Saline  Fork;  and  up  the  Saline  Fork 

•19GG  to  a  point  from  whence  a  due  north  course  would  strike  the  Ar- 

:>1 9G7  kansaw  River  at  the  Little  Rock ;  and  thence  down  the  right 

bank  of  the  Arkansaw  to  the  place  of  beginning;  which  said 

19GO  tract  of  land,  last  above  designated  and  reserved,  shall  be  sur- 

1970  veyed  and  marked  oft'  at  the  expense  of  the  United  States  as 

31071  soon  as  the  same  can  be  done  with  convenience,  and  shall  not 

be  sold  or  disposed  of  by  the  said  Quapaw  tribe  or  nation  to  any 

L073  individual  whatever,  nor  to  any  State  or  nation,  without  the  ap- 

1974  probation  of  the  United  States  first  had  and  obtained. 

ARTICLE  3.  It  is  agreed  between  the  United  States  and  the 

107G  said  tribe  or  nation  that  the  individuals  of  the  said  tribe  or  na- 

1977  tion  shall  be  at  liberty  to  hunt  within  the  territory  by  them 


*A  map  accompanies  the  original  treaty,    (Reservation.) 


717 

31978  ceded  to  the  United  States,  without  hindrance  or  molestation, 

31979  so  long  as  they  demean  themselves  peaceably  and  offer  uo  inj  ury 

31980  or  annoyance  to  any  of  the  citizens  of  the  United  States,  and 

31981  until  the  said  United  States  may  think  proper  to  assign  the 

31982  same,  or  any  portion  thereof,  as  hunting-grounds  to  other  friendly 

31983  Indians. 

31984  ARTICLE  4.  No  citizen  of  the  United  States,  or  any  other 

31985  person,  shall  be  permitted  to  settle  on  any  of  the  lands  hereby 

31986  allotted  to  and  reserved  for  the  said  Quapaw  tribe  or  nation 

31987  to  live  and  hunt  on ;  yet  it  is  expressly  understood  and  agreed 

31988  on,  by  and  between  the  parties  aforesaid,  that   at  all  times  the 

31989  citizens  of  the  United  States  shall  have  the  right  to  travel  and 

31990  pass  freely,  without  toll  or  exaction,  through  the  Quapaw  reser- 

31991  vatiou,  by  such  roads  or  routes  as  now  are  or  hereafter  may  be 

31992  established. 

31993  ARTICLE  5.  In  consideration  of  the  cession  and  stipulations 

31994  aforesaid,  the  United  States  do  hereby  promise  and  bind  them- 

31995  selves  to  pay  and  deliver  to  the  said  Quapaw  tribe  or  nation, 

31996  immediately  upon  the  execution  of  this  treaty,  goods  and  iner- 

31997  chandize  to  the  value  of  four  thousand  dollars,  and  to  deliver, 

31998  or  cause  to  be  delivered,  to  them,  yearly,  and  every  year,  goods 

31999  and  merchandize  to  the  value  of  one  thousand  dollars,  to  be  es- 

32000  timated  in  the  city  or  place  in  the  United  States  where  the  same 

32001  are  procured  or  purchased. 

32002  ARTICLE  6.  Least  the  friendship  which  now  exists  between 

32003  the  United  States  and  the  said  tribe  or  nation  should  be  inter- 

32004  rupted  by  the  misconduct  of  individuals,  it  is  hereby  agreed 

32005  that,  for  injuries  done  by  individuals,  no  private  revenge  or  re- 

32006  taliation  shall  take  place;  but,  instead  thereof,  complaints  shall 

32007  be  made  by  the  party  injured  to  the  other  by  the  tribe  or  nation 

32008  aforesaid  to  the  governor,  superintendent  of  Indian  affairs,  or 

32009  some  other  person  authorized  and  appointed  for  that  purpose  ; 

32010  and  by  the  governor,  superintendent,  or  other  person  author- 

32011  ized,  to  the  chiefs  of  the  said  tribe  or  nation.     And  it  shall  be 

32012  the  duty  of  the  said  tribe  or  nation,  upon  complaint  being  made, 

32013  as  aforesaid,  to  deliver  up  the  person  or  persons  against  whom 

32014  the  complaint  is  made,  to  the  end  that  he  or  they  may  be  pun- 

32015  ished  agreeably  to  the  laws  of  the  State  or  Territory  where  the 

32016  offence  may  have  been  committed  ;  and,  in  like  manner,  if  any 

32017  robbery,  violence,  or  murder  shall  be  committed  on  any  Indian 

32018  or  Indians  belonging  to  the  said  tribe  or  nation,  the  person  or 

32019  persons  so  offending  shall  be  tried,  and,  if  found  guilty,  punished 

32020  in  like  manner  as  if  the  injury  had  been  done  to  a  white  man. 

32021  And  it  is  further  agreed  that  the  chiefs  of  the  said  tribe  or  na- 

32022  tion  shall,  to  the  utmost  of  their  power,  exert  themselves  to  re- 

32023  cover  horses  or  other  property  which  may  be  stolen  from  any 


718 

32024  citizen  or  citizens  of  the  United  States  by  any  individual  or  in- 

32025  dividuals  of  the  said  tribe  or  nation  ;  and  the  property  so  re- 

32026  covered  shall  be  forthwith  delivered  to  the  governor,  superin- 

32027  tendant,  or  other  person  authorized  to  receive  the  same,  that  it 

32028  may  be  restored  to  the  proper  owner.    And  in  cases  where  the 
32020  exertions  of  the  chiefs  shall  be  ineffectual  in  recovering  the 

32030  property  stolen,  as  aforesaid,  if  sufficient  proof  can  be  obtained 

32031  that  such  property  was  actually  stolen  by  an  Indian  or  Indians 

32032  belonging  to  the  said  tribe  or  nation,  a  sum  equal  to  the  value 

32033  of  the  property  which  has  been  stolen  may  be  deducted  by  the 

32034  United  States  from  the  annuity  of  said  tribe  or  nation.    And 

32035  the  United  States  hereby  guaranty  to  the  individuals  of  the  said 
3203G  tribe  or  nation  a  full  indemnification  for  any  horse  or  horses  or 

32037  other  property  which  may  be  taken  from  them  by  any  of  their 

32038  citizens  :  Provided,  The  property  so  stolen  cannot  be  recovered, 

32039  and  that  sufficient  proof  is  produced  that  it  was  actually  stolen 
320-40  by  a  citizen  or  citizens  of  the  United  States. 

;»20H  ARTICLE  7.  This  treaty  shall  take  effect  and  be  obligatory 

32042  on  the  contracting  parties  as  soon  as  the  same  shall  have  been 

32043  ratified  by  the  President  of  the  United  States,  by  and  with  the 

32044  advice  and  consent  of  the  Senate. 

32045  Proclaimed  July  5,  1818. 


;{20K>     Article  <>f  a  treaty  between  the  United  State*  of  America  and  the 

Qnapaw  Nation  of  Indians. 

ARTICLE  1.  The  Qnapaw  Nation  of  Indians  cede  to  the 
United  States  of  America,  in  consideration  of  the  promises  and 
stipulations  hereinafter  made,  all  claim  or  title  which  they  may 
have  to  lands  in  the  Territory  of  Arkansas,  comprised  in  the  fol 
lowing  boundaries,  to  wit:  Beginning  at  a  point  on  the  Arkan 
sas  Kiver,  opposite  to  the  post  of  Arkansas,  and  running  thence 
a  due  southwest  course  to  the  Ouachita  Kiver;  and  thence  up 
the  same  to  the  Saline  Fork;  and  up  the  Saline  Fork  to  a  point 
from  whence  a  due  northeast  course  will  strike  the  Arkansas 
Kiver  at  Little  Kock  ;  and  thence  down  the  right  (or  south  bank) 
of  the  Arkansas  Kiver  to  the  place  of  beginning. 

ARTICLE  2.  In  consideration  of  the  cession  made  in  the  first 
article  of  this  treaty  by  the  aforesaid  chiefs  and  warriors,  the 
United  States  engage  to  pay  to  the  four  head  chiefs  of  the  Qua- 
paw  Nation  the  sum  of  five  hundred  dollars  each,  in  considera 
tion  of  the  losses  they  will  sustain  by  removing  from  their  farms 
and  improvements,  the  payment  to  be  made  at  the  time  they 
receive  their  annuity  for  the  year  1825 ;  and  also  to  the  said 
nation  the  sum  of  four  thousand  dollars,  to  be  paid  in  goods  at 
the  signing  of  this  treaty.  And  the  United  States  also  engage 


32047 

32048 

32049 

32050 

32051 

32052 

32053 

,'52054 

32055 

32050 

32057 

32058 

32059 

32060 

320G1 

32002 

320G3 

320G4 

320G5 

320GG 

32067 


719 

32068  to  pay  to  the  Quapaw  Nation  one  thousand  dollars  in  specie, 

32069  annually,  lor  the  term  of  eleven  years,  in  addition  to  their  pres- 
,'J-OTO  ent  annuity. 

32071  ARTICLE  3.  The  United  States  hereby  guaranty  to  the  said 

32072  nation  of  Indians  the  same  right  to  hunt  on  the  lands  by  them 

32073  hereby  ceded  as  was  guarantied  to  them  by  a  treaty  concluded 
32071  at  St.  Louis  on  the  24th  of  August,  1818,  between  the  said  Qua- 
32075  paw  Nation  of  Indians  and  William  Clark  and  August  Choteau, 

32070  commissioners  on  the  part  of  the  United  States. 

32077  ARTICLE  4.  The  Quapaw  tribe  of  Indians  will  hereafter  be 

32078  concentrated  and  confined  to  the  district  of  country  inhabited 

32079  by  the  Caddo  Indians,  and  form  a  part  of  said  tribe.     The  slid 

32080  nation  of  Indians  are  to  commence  removing  to  the  district 

32081  allotted  them  before  the  twentieth  day  of  January,  one  thou- 

32082  sand  eight  hundred  and  twenty-six. 

32083  ARTICLE  5.  For  the  purpose  of  facilitating  the  removal  of 
32081  the  said  tribe  to  the  district  of  country  allotted  them,  and  as 

32085  a  compensation  for  the  losses  sustained  and  the  inconveniences 

32086  to  which  they  may  be  exposed  by  said  removal,  the  United  States 

32087  will  furnish   them   with  corn,   meat,  and  salt,  for  six  months, 

32088  from  the  first  day  of  January,  one  thousand  eight  hundred  and 

32089  twenty-six.    The  United  States  further  agree  to  furnish  a  sum 

32090  not  exceeding  one  thousand  dollars,  to  be  expended  by  their 

32091  agent,  to  facilitate  the  transportation  of  the  said  tribe  to  the 

32092  district  of  country  herein  assigned  them.     An  agent,  sub-agent, 

32093  or  interpreter,  shall  be  appointed  to  accompany  said  tribe  and 
32091  to  reside  among  them. 

32095  ARTICLE  6.  From  the  cession  aforesaid  there  shall  be  re- 

32096  served  to  James  Scull,  in  consideration  of  a  debt  of  seven 

32097  thousand  five  hundred   dollars  due  to  him  from  the  Quapaw 

32098  Nation,  and  recognized  in  open  council,  two  sections  of  land, 

32099  commencing  on  the  Arkansas  lliver  opposite  to  Mrs.  Embree's 

32100  and  running  up  and  back  from  said  river  for  quantity.     And  the 

32101  United  States   guaranty  to  the  Quapaw  Nation  the  payment  of 

32102  the  said  debt  of  seven  thousand  five  hundred  dollars,  either  by 

32103  the  ratification  of  the  grant  made  in  this  article  or  by  the  pay- 
32HI1  ment  of  said  amount  in  money,  exclusive  of  the  amount  stipu- 

32105  lated  to  be  paid  to  the  said  nation  by  this  treaty. 

32106  ARTICLE  7.  There  shall  be  granted  by  the  United  States 

32107  to   the  following  persons,  being  Indians  by  descent,  the  follow- 

32108  ing  tracts  of  land:  To  Francois  Inibeau,  one  quarter-section  of 

32109  land,  commencing  at  a  point  on  the  Arkansas  lliver  opposite 

32110  the  upper  end  of  Wright  Daniel's  farm,  and  thence  up  and  back 

32111  from  said  river  for  quantity.    To  Joseph  Duchassien,  one  quar- 

32112  ter-section  of  land,  commencing  at  the  lower  corner  of  the  quar- 

32113  ter-sectiou  granted  to  Francois  Imbeau,  and  running  down  and 


720 

32114  back  from  said  river  for  quantity.    To  Saracen,  a  half-breed 

32115  Quapaw,  eighty  acres  of  land,  to  be  laid  off  so  as  to  include  his 

32116  improvement,  where  he  now  resides,  opposite  Vaugine's.    To 

32117  Batiste  Socie,  eighty  acres  of  land  laying  above  and  adjoining 

32118  Saracen's  grant.    To  Joseph  Bonne,  eighty  acres  of  land  lying 
32110  above  and  adjoining  Socie's  grant.    To  Baptiste  Bonne,  eighty 
.",2120  acres  of  laud  lying  above  and  adjoining  Joseph  Bonne's  grant. 
.",2121  To  Lewis  Bartelmi,  eighty  acres  of  laud  lying  above  and  ad- 

32122  joining  Baptiste  Bonne's  grant.     To  Antoine  Duchassiu,  eighty 

32123  acres  of  land  lying  above  and  adjoining  Bartelmi's  grant.     To 

32 1 24  Baptiste  Irnbeau,  eighty  acres  of  laud  lying  above  and  adjoining 

32125  A.  Duchassin's  grant.    To  Francois  Coupot,  eighty  acres  of  land 
;  12 120  lying  above  and  adjoining  Baptiste  Imbeau's  grant.     To  Joseph 
,'52127  Valliere,  eighty  acres  of  land  lying  above  and  adjoining  Frari- 
32128  cois  Coupot's  grant.    All  the  said  tracts  of  laud  shall  be  laid  off 
3212!)  so  as  to  conform  to  the  lines  of  the  United  States  surveys  and 

32130  binding  on  the  Arkansas  Eiver. 

32131  ARTICLE  8.  This  treaty  shall  take  effect  and  be  obligatory 

32132  on  the  contracting  parties  so  soon  as  the  same  shall  be  ratified 

32133  by  the  Senate  of  the  United  States. 

32134  Proclaimed  February  18,  1825. 


32135  Articles  of  agreement  or  a  treaty  between  the  United  States  and  the 

3213G  (juapaw  Indians  entered  into  by  John  F.  Sehermerhorn,  com- 

32137  unxx  loner  of  Indian  affairs  Wesson  the  part  of  the  United 

32138  States,  and  the  chiefs  and  icarriors  of  the  Quapaw  Indians. 

3213!)  Whereas,  by  the  treaty  between  the  United  States  and  the 

32140  Qiiapaw  Indians,  concluded  November  15th,  1824,  they  ceded  to 

32141  the  United  States  all  their  lauds  in  the  Territory  of  Arkansas, 

32142  and  according  to  which  they  were  "to  be  concentrated  and  con 

32143  fined  to  a  district  of  country  inhabited  by  the  Caddo  Indians  and 

32144  form  a  part  of  said  tribe?  (see  article  4,  preceding  treaty  5)  and 

32145  Whereas  they  did  remove  according  to  the  stipulations  of 
32140  said  treaty,  and  settled  on  the  Bayou  Treache  on  the  south  side 

32147  of  lied  Elver,  on  a  tract  of  laud  given  them  by  the  Caddo  In- 

32148  diaiis,  but  which  wras  found  subject  to  frequent  inundations  on 
52149  account  of  the  raft  on  Eed  Eiver,  and  where  their  crops  were 
>21aO  destroyed  by  the  water  year  after  year,  and  which  also  proved 
52151  to  be  a  very  sickly  country,  and  where,  in  a  short  time,  nearly 

32152  one-fourth  of  their  people  died  ;  and 

Whereas  they  could  obtain  no  other  situation  from  the 

2154  Caddoes,  and  they  refused  to  incorporate  them  and  receive  them 

52155  as  a  constituent  part  of  their  tribe,  as  contemplated  by  their 

3215G  treaty  with  the  United  States,  and  as  they  saw  no  alternative  but 


721 

32157  to  perish,  if  they  COD  tinned  there,  or  to  return  to  their  old  resi-' 

32158  dence  on  the  Arkansas,  they  therefore  chose  the  latter ;  arid 

32159  Whereas  they  now  find  themselves  very  unhappily  situated 

32160  iii  consequence  of  having  their  little  improvements  taken  from 

32161  them  by  the  settlers  of  the  country,  and  being  anxious  to  secure 

32162  a  permanent  and  peaceable  home,  the  following  articles  or  treaty 

32163  are  agreed  upon  between  the  United  States  and  the  Quapaw  In- 

32164  dians,  by  John  F.  Scherrnerhorn, ?  commis- 

32165  sipners  of  Indian  affairs  West,  and  the  chiefs  and  warriors  of 

32166  said  Quapaw  Indians,  this  (13th)  thirteenth  day  of  May,  1833  : 

32167  ARTICLE  1.   The  Quapaw  Indians  hereby  relinquish  and 

32168  convey  to  the  United  States  all  their  right  and  title  to  the  lauds 

32169  'given  them  by  the  Caddo  Indians  on  the  Bayou  Treache  of  Red 

32170  River. 

32171  ARTICLE  2.  The  United  States  hereby  agree  to  convey  to 

32172  the  Quapaw  Indians  one  hundred  and  fifty  sections  of  land  west 

32173  of  the  State  line  of  Missouri  and  between  the  lands  of  the  Sene- 

32174  cas  and  Shawnees,  not  heretofore  assigned  to  any  other  tribe  of 

32175  Indians,  the  same  to  be  selected  and  assigned  by  the  commis- 

32176  sioners  of  Indian  affairs  West,  and  which  is  expressly  designed 

32177  to  be  [in]  lieu  of  their  location  on  Red  River;  and  to  carry  into 

32178  effect  the  treaty  of  1824,  in  order  to  provide  a  permanent  home 

32179  for  their  nation,  the  United  States  agree  to  convey  the  same, 

32180  by  patent  to  them  and  their  descendants  as  Ion  gas  they  shall  exist 

32181  as  a  nation  or  continue  to  reside  thereon ;  and  they  also  agree  to 

32182  protect  them  in  their  new  residence  against  all  interruption  or 

32183  disturbance  from  any  other  tribe  or  nation  of  Indians  or  from 

32184  any  other  person  or  persons  whatever. 

32185  ARTICLE  3.  Whereas  it  is  the  policy  of  the  United  States, 

32186  in  all  their  intercourse  with  the  Indians,  to  treat  them  liberally 

32187  as  well  as  justly,  and  endeavor  to  promote  their  civilization  and 

32188  prosperity,  it  is  further  agreed  that,  in  consideration  of  the  im- 

32189  portant  and  extensive  cessions  of  lands  made  by  the  Quapaws  to 

32190  the  United  States,  and  in  view  of  their  present  impoverished 

32191  and  wretched  condition,  they  shall  be  removed  to  their  new 

32192  homes  at  the  expense  of  the  United  States,  and  that  they  will 

32193  supply  them  with  one  year's  provision  from  the  time  of  their 

32194  removal,  which  shall  be  as  soon  as  they  receive  notice  of  the 

32195  ratification  of  this  treaty  by  the  President  and  Senate  of  the 

32196  United  States.     The  United  States  will  also  furnish  and  deliver 

32197  to  them,  after  their  arrival  at  their  new  homes,  one  hundred 

32198  cows,  one  hundred  breeding-hogs,  one  hundred  sheep,  ten  yoke 

32199  of  working-cattle,  twenty-five  ploughs,  one  hundred  axes,  one 

32200  hundred  hoes,  four  ox-carts,  and  one  wagon,  with   all    their 

32201  necessary  rigging;  twenty  iron  hand  corn-mills;  tools  of  different 

32202  descriptions  to  the  amount  of  two  hundred  dollars;  also,  looms, 

91  I  T 


722 

32203  wheels,  reels,  and  wool-cards  to  the  amount  of  two  hundred  dol- 

32204  lars;  one  hundred  blankets;  fifty  rifles,  and  five  shot-guns,  all 

32205  with  flint-locks;  ten  kegs  of  powder,  and  six  hundred  pounds  of 

32206  lead.    The  United  States  agree  to  provide  a  farmer  to  reside 

32207  with  them  and  to  aid  and  instruct  them  in  their  agricultural 

32208  pursuits,  and  a  blacksmith  to  do  their  necessary  work,  with  a 

32209  shop  and  tools,  and  iron  and  steel  not  exceeding  one  ton  per 

32210  year.    The  United  States  also  agree  to  appropriate  one  thousand 

32211  dollars  per  year  for  education  purposes,  to  be  expended  under 

32212  the  direction  of  the  President  of  the  United  States ;  the  farmer 

32213  and  blacksmith  and  the  above  appropriation  for  education  pur- 

32214  poses  to  be  continued  only  as  long  as  the  President  of  the  Uni- 

32215  ted  States  deems  necessary  for  the  best  interests  of  the  Indians. 

32216  ARTICLE  4.  It  is  hereby  mutually  agreed  upon  between  the 

32217  parties  respectively  to  this  treaty,  that  in  lieu  of  and  in  full 

32218  consideration  of  their  present  annuities,  perpetual  and  limited, 

32219  the  United  States  will  pay  the  debts  of  the  Quapaw  Indians, 

32220  according  to  the  annexed  schedule,  to  the  amount  of  four  thon- 

32221  sand  one  hundred  and  eighty  dollars,  provided  they  can  be  dis- 

32222  charged  in  full  for  that  amount.    They  will  also  expend  to  the 

32223  amount  of  one  thousand  dollars  in  hiring  suitable  labourers  to 

32224  build  and  aid  them  in  erecting  comfortable  cabins  and  houses  to 

32225  live  in ;  and  also  that  they  will  pay  them  annually  two  thousand 

32226  dollars  for  twenty  years  from  the  ratification  of  this  treaty,  and 

32227  that  out  of  said  annuity  there  shall  be  allowed  to  their  four 

32228  principal  chiefs,  Hackatton,  Sarassan,  Tounonjinka,  and  Kahe- 

32229  ketteda,  and  to  their  successors  each,  in  addition  to  their  distri- 

32230  butive  share  of  said  annuity,  the  sum  of  fifty  dollars  per  year. 

,-  2231  ARTICLE  5.  It  is  hereby  agreed,  and  expressly  understood, 

32232  that  this  treaty  is  only  supplementary  to  the  treaty  of  1824,  and 

32233  designed  to  carry  into  effect  the  views  of  the  United  States  in 

32234  providing  a  permanent  and  comfortable  home  for  the  Quapaw 

32235  Indians;  and  also  that  all  the  stock  and  articles  furnished  the 

32236  Indians  by  the  United  States  as  expressed  in  the  fourth  article 

32237  shall  be  under  the  care  and  direction  of  the  agent  and  farmer  of 

32238  said  tribe,  to  see  that  the  same  is  not  squandered  or  sold,  or  any 
12239  of  the  stock  slain  by  the  Indians,  untill  such  time  as  the  natu- 

240  ral  increase  of  the  stock  will  warrant  the  same  to  be  done  with- 

32241  out  destroying  the  whole,  and  thus  defeating  the  benevolent 
views  of  the  Government  in  making  this  provision  for  them. 

ARTICLE  6.  The  United  States  also  agrees  to  employ  an 

interpreter  to  accompany  them  on  their  removal,  and  the  same 

to  continue  with  them  during  the  pleasure  of  the  President  of 

246  the  United  States.    The  above  treaty  shall  be  binding  on  the 

United  States  whenever  ratified  and  approved  by  the  President 

62248  and  Senate  of  the  United  States. 


723 

32249  The  amoimt  due  from  the  Quapaw  tribe  of  Indians  to  the 

32250  following-named  persons : 

32251  Frederick  Notrabe $567  00 

32252  Joseph  Dardene 300  00 

32253  Ignace  Bogy 170  CO 

32254  Alexander  Dickersoii 28  00 

32255  William  Montgomery 35000 

32250  Joseph  Bonne 30  00 

32257  Joseph  Duchasin 30  00 

32258  Baptiste  Bonne 20  00 

32251)  Antoine  Barraque 2,  235  00 

32260  George  W.  Boyer 50  00 

32201  Weylon  King 400  00 

32262  

32263  4, 180  00 

32264  Proclaimed  April  12,  1834. 


32265  QUI-NAI-ELTS,  ETC. 

32266  Treaty  between  the  United  States  and  the  Qm-nai-elt  and  Qail-leh- 

32267  ute  Indians,  concluded  on  the  Qiri-nai-elt  River,  in  the  Terri- 

32268  tory  of  Washington,  July  1,  1855,  and  at  the  city  of  Olympia 

32269  January  25,  1856  ;  ratified  by  the  Senate  March  8,  1859. 

32270  JAMES  BUCHANAN,  President  of  the  United  States  of  America, 

32271  to  all  and  singular  to  whom   these  presents  shall  come, 

32272  greeting : 

32273  Whereas  a  treaty  was  made  and  concluded  on  the  Qui-uai- 

32274  elt  Kiver,  in  the  Territory  of  Washington,  on  the  first  day  of 

32275  July,  one  thousand  eight  hundred  and  fifty-five,  and  at  the  city 

32276  of  Olympia,  also  in  said  Territory,  on  the  twenty-fifth  day  of 

32277  January,  one  thousand  eight  hundred  and   fifty-six,  between 

32278  Isaac  I.  Stevens,  governor  and  superintendent  of  Indian  affairs 

32279  in  the  Territory  aforesaid,  on  the  part  of  the  United  States,  and 

32280  the  hereinafter-named  chiefs,  head-men,  and  delegates  of  the 

32281  different  tribes  and  bands  of  the  Qui-nai-elt  and  Quil-leh-ute 

32282  Indians,  on  the  part  of  said  tribes  and  bauds,  and  duly  author- 

32283  ized  thereto  by  them ;  which  treaty  is  in  the  words  and  figures 

32284  following,  to  wit : 

32285  Articles  of  agreement  and  convention  made  and  concluded  by 

32286  and  between  Isaac  I.  Stevens,  governor  and  superintendent 

32287  of  Indian  affairs  of  the  Territory  of  Washington,  on  the 

32288  part  of  the  United  States,  and  the  undersigned  chiefs,  head- 

32289  men,  and  delegates  of  the  different  tribes  and  bauds  of  the 


724 

32290  Qui-mii-elt  and  Quil-leh-ute  Indians,  oil  the  part  of  said 

32291  tribes  aud  bands,  and  duly  authorized  thereto  by  them. 

32292  ARTICLE  1.  The  said  tribes  aud  bands  hereby  cede,  relin- 

32293  quish,  and  convey  to  the  United  States  all  their  right,  title,  and 

32294  interest  in   and  to  the  lands  and   country  occupied    by  them, 

32295  bounded  and  described  as  follows  :  Commencing  at  a  point  on 

32296  the  Pacific  coast,  which  is  the  southwest  corner  of  the  lauds 

32297  lately  ceded  by  the  Makah  tribe  of  Indians  to  the  United  States, 

32298  and  running  easterly  with  aud  along  the  southern  boundary  of 

32299  the  said  Makah  tribe  to  the  middle  of  the  coast  range  of  moun- 

32300  tains;  thence  southerly  with  said  range  of  mountains  to  their 

32301  intersection  with  the  dividing    ridge  between    the   Chehalis 

32302  and  Quiuiatl  Eiversj  thence  westerly  with  said  ridge  to  the 

32303  Pacific  coast ;  thence  northerly  along  said  coast  to  the  place  of 

32304  beginning. 

32305  ARTICLE  2.  There  shall,  however,  be  reserved,  for  the  use  aud 

32306  occupation  of  the  tribes  and  bands  aforesaid,  a  tract  or  tracts  of 

32307  land  sufficient  for  their  wants  within  the  Territory  of  Washing- 

32308  ton,  to  be  selected  by  the  President  of  the  United  States,  and  here- 

32309  after  surveyed  or  located  and  set  apart  for  their  exclusive  use, 

32310  and  no  white  man  shall  be  permitted  to  reside  thereon  without 

32311  permission  of  the  tribe  and  -of  the  superintendent  of  Indian 

32312  affairs  or  Indian  agent.     And  the  said  tribes  and  bauds  agree  to 

32313  remove  to  aud  settle  upon  the   same  within  one  year  after  the 

32314  ratification  of  this  treaty,  or  sooner,  if  the  means  are  furnished 

32315  them.    In  the  meantime  it  shall  be  lawful   for  them  to  reside 

32316  upon  any  lands  not  in   the  actual  claim  and  occupation  of  citi- 

32317  zens  of  the  United  States,  and  upon  any  lauds  claimed  or  occti- 

32318  pied,  if  with  the  permission  of  the  owner  or  claimant.     If  neces- 

32319  sary  for  the  public  convenience,  roads  may  be  run  through  said 

32320  reservation,  on  compensation  being  made  for  any  damage  sus- 

32321  tamed  thereby. 

32322  ARTICLE  3.  The  right  of  taking  fish  at  all  usual  and  ac- 

32323  customed  grounds  and  stations  is  secured  to  said  Indians  in  com- 

32324  in  oil  with  all  citizens  of  the  Territory,  and  of  erecting  temporary 

32325  houses  for  the  purpose  of  curing  the  same,  together  with  the 

32326  privilege  of  hunting,  gathering  roots  and  berries,  and  pasturing 

32327  their  horses  on  all  open  and  unclaimed  lands:  Provided,  however, 

32328  That  they  shall  not  take  shell-fish  from  any  beds  staked  or  culti- 

32329  vated  by  citizens;  and  provided,  also,  that  they  shall  alter  all 

32330  stallions  not  intended  for  breeding,  and  shall  keep  up  and  con- 

32331  fine  the  stallions  themselves. 

ARTICLE  4.  In  consideration  of  the  above  cession,  the  United 

32333  States  agree  to  pay  to  the  said  tribes  and  bands  the  sum  of  twenty  - 

'2334  five  thousand  dollars,  in  the  following  manner,  that  is  to  say  : 

32335  For  the  first  year  after  the  ratification  hereof,  two   thousand 


725 

32336  five  hundred  dollars ;  for  the  next  two  years,    two   thousand 

32337  dollars  each  year ;  for  the  next  three  years,  one   thousand  six 

32338  hundred  dollars  each  year ;  for  the  next  four  years,  one  thousand 

32339  three  hundred  dollars  each  year;  for  the  next  five  years,  one 

32340  thousand  dollars  each  year ;  and  for  the  next  five  years,  seven 

32341  hundred  dollars  each  year ;   all  of  which  sums  of  money  shall 

32342  be  applied  to  the  use  and  benefit  of  the  said  Indians  under  the 

32343  directions  of  the  President  of  the  United  States,  who  may,  from 

32344  time  to  time,  determine  at  his  discretion  upon  what  beneficial 

32345  objects  to  expend  the  same;  and  the  superintendent  of  Indian 

32346  affairs,  or  other  proper  officer,  shall  each  year  inform  the  Presi- 

32347  dent  of  the  wishes  of  said  Indians  in  respect  thereto. 

32348  ARTICLE  5.  To  enable  the  said  Indians  to  remove  to  and 

32349  settle  upon  such  reservation  as  may  be  selected  for  them  by  the 

32350  President,  and  to  clear,  fence,  and  break  up  a  sufficient  quantity 

32351  of  land  for  cultivation,  the  United   States  further  agree  to  pay 

32352  the  sum  of  two  thousand  five  hundred  dollars,  to  be  laid  out  and 

32353  expended  under  the  direction  of  the  President,  and  in   such 

32354  manner  as  he  shall  approve. 

32355  ARTICLE   6.   The  President   may   hereafter,  when  in   his 

32356  opinion  the  interests  of  the  Territory  shall  require,  and  the  wel- 

32357  fare  of  the  said  Indians  be  promoted  by  it,  remove  them  from 

32358  said  reservation  or  reservations  to  such  other  suitable  place  or 

32359  places  within  said  Territory  as  he  may  deem  fit,  on  remunerating 

32360  them  for  their  improvements  and  the  expenses  of  their  removal, 

32361  or  may  consolidate  them  with  other  friendly  tribes  or  bands,  in 

32362  which  latter  case  the  annuities  payable  the  consolidated  tribes  re- 

32363  spectively  shall  also  be  consolidated  ;  and  he  may  further,  at 

32364  his  discretion,  cause  the  whole  or  any  portion  of  the  lands  to  be 

32365  reserved,  or  of  such  other  land  as  may  be  selected  in  lieu  thereof, 

32366  to  be  surveyed  into  lots,  and  assign  the  same  to  such  individuals 

32367  or  families  as  are  willing  to  avail  themselves  of  the  privilege, 

32368  and  will  locate  on  the  same  as  a  permanent  home,  on  the  same 

32369  terms  and  subject  to  the  same  regulations  as  are  provided  in  the 

32370  sixth  article  of  the  treaty  with  the  Omahas,  so  far  as  the  same 

32371  may  be  applicable.     Any  substantial  improvements  heretofore 

32372  made   by  any  Indians,  and  which  they  shall  be  compelled  to 

32373  abandon  in  consequence  of  this  treaty,  shall  be  valued  under  the 

32374  direction  of  the  President,  and  payment  made  accordingly  there- 

32375  for. 

32376  ARTICLE  7.  The  annuities  of  the  aforesaid  tribes  and  bauds 

32377  shall  not  be  taken  to  pay  the  debts  of  individuals. 

32378  ARTICLE  8.  The  said  tribes  and  bands  acknowledge  their 

32379  dependence  on  the  Government  of  the  United  States,  and  pro- 

32380  mise  to  be  friendly  with  all  citizens  thereof,  and  pledge  thein- 

32381  selves  to  commit  no  depredations  on  the  property  of  such  citizens]; 


726 

32382  and  should  any  one  or  more  of  them  violate  this  pledge,  and  the 

32383  fact  be  satisfactorily  proven  before  the  agent,  the  property  taken 

32384  shall  be  returned,  or,  in  default  thereof,  or  if  injured  or  destroyed, 

32385  compensation  may  be  made  by  the  Government  out  of  their  an- 

32386  unities.    Nor  will  they  make  war  on  any  other  tribe,  except  in 

32387  self-defence,  but  will  submit  all  matters  of  difference  between 

32388  them  and  other  Indians  to  the  Government  of  the  United  States, 

32389  or  its  agent,  for  decision,  and  abide  thereby;  and  if  any  of  the 

32390  said  Indians  commit  any  depredations  on  any  other  Indians 

32391  within  the  Territory,  the  same  rule  shall  prevail  as  is  prescribed 

32392  in  this  article  in  case  of  depredations  against  citizens.    And  the 

32393  said  tribes  and  bands  agree  not  to  shelter  or  conceal  offenders 

32394  against  the  laws  of  the  United  States,  but  to  deliver  them  to  the 

32395  authorities  for  trial. 

32396  ARTICLE  9.  The  above  tribes  and  bands  are  desirous  to  ex- 

32397  elude  from  their  reservations  the  nse  of  ardent  spirits,  and  to 

32398  prevent  their  people  from  drinking  the  same,  and  therefore  it  is 

32399  provided  that  any  Indian  belonging  to  said  tribes  who  is  guilty 

32400  of  bringing  liquor  into  said  reservations,  or  who  drinks  liquor, 

32401  may  have  his  or  her  proportion  of  the  annuities  withheld  from 

32402  him  or  her  for  such  time  as  the  President  may  determine. 

32403  ARTICLE  10.  The  United  States  further  agree  to  establish 

32404  at  the  general  agency  for  the  district  of  Puget  Sound,  within  one 

32405  year  from  the  ratification  hereof,  and  to  support  for  a  period  of 

32406  twenty  years,  an  agricultural  and  industrial  school,  to  be  free  to 

32407  the  children  of  the  said  tribes  and  bands  in  common  with  those 

32408  of  the  other  tribes  of  said  district,  and  to  provide  the  said  school 

32409  with  a  suitable  instructor  or  instructors,  and  also  to  provide  a 

32410  smithy  and  carpenter's  shop,  and  furnish  them  with  the  neces- 

32411  sary  tools,  and  to  employ  a  blacksmith,  carpenter,  and  farmer 

32412  for  a  term  of  twenty  years,  to  instruct  the  Indians  in  their  res- 

32413  pective  occupations.-  And  the  United  States  further  agree  to 

32414  employ  a  physician  to  reside  at  the  said  central  agency,  who  shall 

32415  furnish  medicine  and  advice  to  their  sick,  and  shall  vaccinate 

32416  them;  the  expenses  of  the  said  school,  shops,  employees,  and 

32417  medical  attendance  to  be  defrayed  by  the  United  States,  and  not 

32418  deducted  from  their  annuities. 

32419  ARTICLE  11.  The  said  tribes  and  bands  agree  to  free  all 

32420  slaves  now  held  by  them,  and  not  to  purchase  or  acquire  others 

32421  hereafter. 

ARTICLE  12.  The  said  tribes  and  bands  finally  agree  not  to 

423  trade  at  Vancouver's  Island  or  elsewhere  out  of  the  dominions 

52424  of  the  United  States,  nor  shall  foreign  Indians  be  permitted  to 

425  reside  on  their  reservations  without  consent  of  the  superinteud- 

32426  ent  or  agent. 


727 

32427  ARTICLE  13.  This  treaty  shall  be  obligatory  on  the  con- 

32428  tracting  parties  as  soon  as  the  same  shall  be  ratified  by  the 

32429  President  and  Senate  of  the  United  States. 

32430  Proclaimed  April  11,  1859. 


32431  EICAEAS. 

32432  Treaty  until  the  Hicara  tribe. 

32433  To  put  an  end  to  an  unprovoked  hostility  on  the  part  of  the 

32434  Eicara  tribe  of  Indians  against  the  United  States,  and  to  restore 

32435  harmony  between  the  parties,  the  President  of  the  United  States, 

32436  by  Brigadier-General  Henry  Atkinson,  of  the  United  States 

32437  Army,  and  Major  Benjamin  O'Fallon,  Indian  agent,  comrnission- 

32438  ers  duly  appointed  and  commissioned  to  treat  with  the  Indian 

32439  tribes  beyond  the  Mississippi  Eiver,  give  peace  to  the  said 

32440  Eicara  tribe;  the  chiefs  and  warriors  thereof  having  first  made 

32441  suitable  concessions  for  the  offence.    And  for  the  purpose  of  re- 

32442  moving  all  further  or  future  cause  of  misunderstanding  as  re- 

32443  spects  trade  and  friendly  intercourse  between  the  parties,  the 

32444  above-named  commissioners  on  the  part  of  the  United  States, 

32445  and  the  undersigned  chiefs  and  warriors  of  the  Eicara  tribe  of 

32446  Indians  on  the  part  of  said  tribe,  have  made  and  entered  into 

32447  the  following  articles  and  conditions,  which,  when  ratified  by 

32448  the  President  of  the  United  States,  by  and  with  the  advice 

32449  and  consent  of  the  Senate,  shall  be  binding  on  both  parties,  to 

32450  wit : 

32451  ARTICLE  1.  Henceforth  there  shall  be  a  firm  and  lasting 

32452  peace  between  the  United  States  and  the  Eicara  tribe  of  Indians ; 

32453  and  a  friendly  intercourse  shall  immediately  take  place  between 

32454  the  parties. 

32455  ARTICLE  2.  It  is  admitted  by  the  Eicara  tribe  of  Indians 

32456  that  they  reside  within  the  territorial  limits  of  the  United  States, 

32457  acknowledge  their  supremacy,  and  claim  their  protection.    The 

32458  said  tribe  also  admit  the  right  of  the  United  States  to  regulate 

32459  all  trade  and  intercourse  with  them. 

32460  ARTICLE  3.  The  United  States  agree  to  receive  the  Eicara 

32461  tribe  of  Indians  into  their  friendship,  and  under  their  protec- 

32462  tion,  and  to  extend  to  them,  from  time  to  time,  such  benefits 

32463  and  acts  of  kindness  as  may  be  convenient  and  seem  just  and 

32464  proper  to  the  President  of  the  United  States. 

32465  ARTICLE  4.  All  trade  and  intercourse  with  the  Eicara  tribe 

32466  shall  be  transacted  at  such  place  or  places  as  may  be  designated 

32467  and  pointed  out  by  the  President  of  the  United  States,  through 


728 

32468  his  agents;  and  Done  but  American  citizens,  duly  authorized  by 

32469  the  United  States,  shall  be  admitted  to  trade  or  hold  intercourse 

32470  with  said  tribe  of  Indians. 

32471  ARTICLE  5.  That  the  Eicara  tribe  may  be  accommodated 

32472  with  such  articles  of  merchandize,  &c.,  as  their  necessities  may 

32473  demand,  the  United  States  agree  to  admit  and  licence  traders 

32474  to  hold  intercourse  with  said  tribe,  under  mild  and  equitable 

32475  regulations ;  in  consideration  of  which,  the  Eicara  tribe  bind 

32476  themselves  to  extend  protection  to  the  persons  and  the  property 

32477  of  the  traders,  and  the  persons  legally  employed  under  them, 

32478  while  they  remain  within  the  limits  of  their  district  of  country. 

32479  And  the  said  Eicara  tribe  further  agree  that  if  any  foreigner 

32480  or  other  person,  not  legally  authorized  by  the  United  States, 

32481  shall  come  into  their  district  of  country  for  the  purposes  of 

32482  trade  or  other  views,  they  will  apprehend  such  person  or  per- 

32483  sons,  and  deliver  him  or  them  to  some  United  States  superin- 

32484  tendent  or  agent  of  Indian  affairs,  or  to  the  commandant  of  the 

32485  nearest  military  post,  to  be  dealt  with  according  to  law.     And 

32486  they  further  agree  to  give  safe-conduct  to  all  persons  who  may 

32487  be  legally  authorized  by  the  United  States  to  pass  through  their 

32488  country,  and  to  protect  in  their  persons  and  property  all  agents 

32489  or  other  persons  sent  by  the  United  States  to  reside  temporarily 

32490  among  them. 

32491  ARTICLE  6.  That  the  friendship  which  is  now  established 

32492  between  the  United  States  and  the  Eicara  tribe  shall  not  be  in- 

32493  terrupted  by  the  misconduct  of  individuals,  it  is  hereby  agreed 

32494  that  for  injuries  done  by  individuals  no  private  revenge  or  re- 

32495  taliation  shall  take  place,  but,  instead  thereof,  complaints  shall 

32496  be  made  by  the  party  injured  to  the  superintendent  or  agent  of 

32497  Indian  affairs,  or  other  person  appointed  by  the  President ;  and 

32498  it  shall  be  the  duty  of  the  said  chiefs,  upon  complaint  being 

32499  made  as  aforesaid,  to  deliver  up  the  person  or  persons  against 

32500  whom  the  complaint  is  made,  to  the  end  that  he  or  they  may  be 

32501  punished,  agreeably  to  the  laws  of  the  United  States.    And,  in 

32502  like  manner,  if  any  robbery,  violence,  or  murder  shall  be  com- 

32503  mitted  on  any  Indian  or  Indians  belonging  to  said  tribe,  the 

32504  person  or  persons  so  offending  shall  be  tried,  and,  if  found  guilty, 

32505  shall  be  punished  in  like  manner  as  if  the  injury  had  been  done 

32506  to  a  white  man.     And  it  is  agreed  that  the  chiefs  of  the  said 

32507  Eicara  tribe  shall,  to  the  utmost  of  their  power,  exert  themselves 

32508  to  recover  horses  or  other  property  which  may  be  stolen  or 

32509  taken  from  any  citizen  or  citizens  of  the  United  States  by  any 

32510  individual  or  individuals  of  said  tribe  ;  and  the  property  so  re- 

32511  covered  shall  be  forthwith  delivered  to  the  agents  or  other  per 
son  authorized  to  receive  it,  that  it  may  be  restored  to  the  proper 

32513  owner.    And  the  United  States  hereby  guaranty  to  any  Indian 


729 

32514  or  Indians  of  said  tribe  a  full  indemnification  for  any  horses  or 

32515  other  property  which  may  be  stolen  from  them  by  any  of  their 
3251G  citizens :  Provided,  That  the  property  so  stolen  cannot  be  re- 

32517  covered,   and  that   sufficient  proof  is  produced   that  it  was 

32518  actually  stolen  by  a  citizen  of  the  United  States.    And  the  said 

32519  Eicara  tribe  engage,  on  the  requisition  or  demand  of  the  Pres- 

32520  ident  of  the  United  States,  or  of  the  agents,  to  deliver  up  any 

32521  white  man  resident  among  them. 

32522  ARTICLE  7.   And  the  chiefs  and   warriors,   as   aforesaid, 

32523  promise  and  engage  that  their  tribe  will  never,  by  sale,  ex- 

32524  change,  or  as  presents,  supply  any  nation,  tribe,  or  bands  of  In- 

32525  dians  not  in  amity  with  the  United  States  with  guns,  ammuni- 

32526  tion,  or  other  implements  of  war. 

32527  Proclaimed  February  2G,  1825. 


32528 

32529 

32530 

32531 

32532 

32533 

32534 

32535 

32536 

32537 

32538 

32539 

32540 

32541 

32542 

32543 

32544 

32545 

32546 

32547 

32548 

32549 

32550 

32551 

32552 

32553 

32554 

32555 

32556 


ROGUE  RIVERS. 

FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 

to  all  and   singular  to  whom   these  presents  shall  come, 

greeting : 

Whereas  a  treaty  was  made  and  entered  into  at  Table  Rock, 
near  Rogue  Kiver,  in  the  Territory  of  Oregon,  this  10th  day  of 
September,  A.  D.  1853,  by  and  between  Joel  Palmer,  superin 
tendent  of  Indian  affairs,  and  Samuel  II.  Culver,  Indian  agent, 
on  the  part  of  the  United  States,  and  Jo-aps-er-ka-har,  principal 
chief,  Sam  To-qua-he-ar,  and  Jim  Ana-cha-a-rah,  subordinate 
chiefs,  and  others,  head-men  of  the  bands  of  the  Rogue  River 
tribe  of  Indians,  on  the  part  of  said  tribe. 

ARTICLE  1.  The  Rogue  River  tribe  of  Indians  do  hereby 
cede  and  relinquish,  for  the  considerations  hereinafter  specified, 
to  the  United  States,  all  their  right,  title,  interest,  and  claim  to 
all  the  lands  lying  in  that  part  of  the  Territory  of  Oregon,  and 
bounded  by  lines  designated  as  follows,  to  wit : 

Commencing  at  a  point  one  mile  below  the  month  of  Apple- 
gate  Creek,  on  the  south  side  of  Rogue  River,  running  thence 
southerly  to  the  highlands  dividing  the  waters  of  Applegate 
Creek  from  those  of  Althouse  Creek ;  thence  along  said  high 
lands  to  the  summit  of  the  Siskiyon  range  of  mountains ;  thence 
easterly  to  Pilot  Rock;  thence  northeasterly  to  the  summit  of 
the  Cascade  range;  thence  northerly  along  the  said  Cascade 
range  to  Pitt's  Peak,  continuing  northerly  to  Rogue  River ; 
thence  westerly  to  the  head- waters  of  Jump-off-jo  Creek  ;  thence 
down  said  creek  to  the  intersection  of  the  same  with  a  line  due 
north  from  the  place  of  beginning ;  thence  to  the  place  of  be 
ginning. 

92  i  T 


730 

32557  ARTICLE  2.  It  is  agreed  on  the  part  of  the  United  States 

32558  that  the  aforesaid  tribe  shall  be  allowed  to  occupy  temporarily 

32559  that  portion  of  the  above-described  tract  of  territory  bounded 

32560  as  follows,  to  wit:  Commencing-  on   the  north  side  of  Rogue 

32561  River,  at  the  mouth  of  Evan's  Creek ;  thence  up  said  creek  to  the 

32562  upper  end  of  a  small  prairie  bearing  in  a  northwesterly  direction 

32563  from  Table  Mountain,  or  Upper  Table  Rock ;  thence  through  the 

32564  gap  to  the  south  side  of  the  cliff  of  the  said  mountain  ;  thence  in 

32565  a  line  to  Rogue  River,  striking   the  southern   base  of  Lower 

32566  Table  Rock  ;  thence  down  said  river  to  the  place  of  beginning. 

32567  It  being  understood  that  this  described  tract  of  land  shall  be 

32568  deemed  and  considered  an  Indian  reserve,  until  a  suitable  selec- 

32569  tion  shall  be  made  by  the  direction  of  the   President  of  the 

32570  United  States  for  their  permanent   residence   and   buildings 

32571  erected  thereon,  and  provision  made  for  their  removal. 

32572  ARTICLE  3.  For  and  in  consideration  of  the  cession  and  re.- 

32573  liuquishment  contained  in  article  1st,  the  United  States  agree 

32574  to  pay  to  the  aforesaid  tribe  the  sum  of  sixty  thousand  dollars 

32575  fifteen  thousand  of  which  sum  to  be  retained,  (according  to  the 

32576  stipulations  of  article  4th  of  a  "  treaty  of  peace  made  and  en 

32577  tered  into  on  the  8th  day  of  September,  1853,  between  Gen'l  Jo. 

32578  Lane,  commanding  forces  of  Oregon  Territory,  and  Jo.,  principal 

32579  chief,  Sam  and  Jim,  subordinate  chiefs,  on  the  part  of  the  Rogue 

32580  River  tribe  of  Indians,")  by  the  superintendent  of  Indian  affairs, 

32581  to  pay  for  the  property  of  the  whites  destroyed  by  them  during 

32582  the  late  war,  the  amount  of  property  so  destroyed  to  be  esti- 

32583  mated  by  three  disinterested  commissioners,  to  be  appointed  by 

32584  the  superintendent  of  Indian  affairs,  or  otherwise,  as  the  Presi- 

32585  dent  may  direct.     Five  thousand  dollars  to  be  expended  ni  the 

32586  purchase  of  agricultural   implements,  blankets,  clothing,  and 

32587  such  other  goods  as  may  be  deemed  by  the  superintendent  or 

32588  agent  most  conducive  to  the  comfort  and  necessities  of  said 

32589  tribe,  on  or  before  the  1st  day  of  September,  1854,  and  for  the 

32590  payment  of  sach  permanent  improvements  as  may  have  been 

32591  made  by  land  claimants  on  the  aforesaid  reserve,  the  value  of 

32592  which  to  be  ascertained  by  three  persons  appointed  by  the  said 

32593  superintendent. 

32594  The  remaining  forty  thousand  dollars  to  be  paid  in  sixteen 

32595  equal  annual  instalments,  of  two  thousand  five  hundred  dollars 

32596  each,  (commencing  on  or  about  the  1st  day  of  September,  1854,) 

32597  in   blankets,  clothing,  farming-utensils,  stock,  and  such  other 

32598  articles  as  may  be  deemed  most  conducive  to  the  interests  of 

32599  said  tribe. 

32600  ARTICLE  4.  It  is  further  agreed  that  there  shall  be  erected, 

32601  at  the  expense  of  the  United  States,  one  dwelling-house  for  each 

32602  of  the  three  principal  chiefs  of  the  aforesaid  tribe,  the  cost  of 


731 

32603  which  shall  not  exceed  five  hundred  dollars  each,  the  aforesaid 

32004  buildings  to  be  erected  as  soon  after  the  ratification  of  this  treaty 

32605  as  possible.     And  when  the  tribe  may  be  removed  to  another 

32606  reserve,  buildin  gs  and  other  improvements  shall  be  made  on  such 
3)2607  reserve  of  equal  value  to  those  which  may  be  relinquished  ;  and 

32608  upon  such  removal,  in  addition  to  the  before  mentioned  sixty 

32609  thousand  dollars,  the   United  States  agree  to  pay  the  further 

32610  sum  of  fifteen  thousand  dollars,  in  five  equal  instalments,  com- 

32611  menciug  at  the  expiration  of  the  before-named  instalments. 

32612  ARTICLE  5.  The  said  tribe  of  Indians  further  agree  to  give 

32613  safe  conduct  to   all   persons  wrho  may  be   authorized   to  pass 

32614  through  their  reserve,  and  to  protect,  in  their  person  and  prop- 

32615  erty,  all  agents  or  other  persons  sent  by  the  United  States  tore- 

32616  side  among  them;   they  further  agree  not  to  molest  or  interrupt 

32617  any  white  person  passing  through  their  reserve. 

32618  ARTICLE  6.  That  the  friendship  which  is  now  established 
32610  between  the  United  States  and  the  Rogue  River  tribe  of  Indians 
32620  shall  not  be  interrupted  by  the  misconduct  of  individuals,  it  is- 
.'.52621  hereby  agreed  that  for  injuries  done  by  individuals  no  private 

32622  revenge  or  retaliation  shall  take  place,  but,  instead  thereof,  com- 

32623  plaint  shall  be  made  by  the  party  injured  to  the  Indian  agent ; 

32624  and  it  shall  be  the  duty  of  the  chiefs  of  the  said  tribe,  that  upon 

32625  complaint  being  made  as  aforesaid,  to  deliver  up  the  person  or 

32626  persons  against  whom  the  complaint  is  made,  to  the  end  that  he 

32627  or  they  may  be  punished  agreeably  to  the  laws  of  the  United 

32628  States ;  and,  in  like  manner,  if  any  violation,  robbery,  or  murder 
32620  shall  be  committed  on  any  Indian  or  Indians  belonging  to  said 

32630  tribe,  the  person  or  persons  so  offending  shall  be  tried,  and,  if 

32631  found  guilty,  shall  be  punished  according  to  the  laws  of  the 

32632  United  States.    And  it  is  agreed  that  the  chiefs  of  the  said  tribe 

32633  shall,  to  the  utmost  of  their  power,  exert  themselves  to  recover 

32634  horses  or  other  property  which  has  or  may  be  stolen  or  taken 

32635  from  any  citizen  or  citizens  of  the  United  States  by  any  indi- 

32636  vidual  of  said  tribe ;   and  the  property  so  recovered  shall  be 

32637  forthwith  delivered  to  the  Indian  agent  or  other  person  author- 

32638  ized  to  receive  the  same,  that  it  may  be  restored  to  the  proper 
32630  owner. 

32640  And  the  United  States  hereby  guarantee  to  any  Indian  or 

32641  Indians  of  the  said  tribe  a  full  indemnification  for  uny  horses  or 

32642  other  property  which  may  be  stolen  from  them  by  any  citizens  of 

32643  the  United  States  :  Provided,  That  the  property  stolen  or  taken 

32644  cannot  be  recovered,  and  that  sufficient  proof  is  produced  that 

32645  it  was  actually  stolen  or  taken  by  a  citizen  of  the  United  States. 

32646  And  the  chiefs  and  head-men  of  the  said  tribe  engage,  on  the 

32647  requisition  or  demand  of  the   President  of  the   United   States, 


732 

32648  superintendent  of  Indian  affairs,  or  Indian  agent,  to  deliver  up 

32649  an}'  white  person  or  persons  resident  among  them. 

32650  ARTICLE  7.  It  is  agreed  between  the  United  States  andthe 

32651  Rogue  River  tribe  of  Indians,  that,  should  it  at  any  time  here- 

32652  after  be  considered  by  the  United  States  as  a  proper  policy  to  es- 

32653  tablish  farms  among  and  for  the  benefit  of  said  Indians,  it  shall 

32654  be  discretionary  with  the  President,  by  and  with  the  advice  and 

32655  consent  of  the  Senate,  to  change  the  annuities  herein  provided 

32656  for,  or  any  part  thereof,  into  a  fund  for  that  purpose. 

32657  ARTICLE  8.  This  treaty  shall  take  effect  and  be  obligatory 

32658  on  the  contracting  parties  as  soon  as  the  same  shall  have  been 

32659  ratified  by  the  President  of  the  United  States,  by  and  with  the 

32660  advice  and  consent  of  the  Senate. 

32661  Proclaimed  April  12,  1854. 

32662  FRANKLIN  PIERCE,  President  of  the  United  States  of  America. 

32663  to  all  and  singular  to  whom  these  presents  shall  come,  greet- 

32664  ing : 

32665  Whereas  a  treaty  was  made  and  concluded  on  the  fifteenth 

32666  day  of  November,  one  thousand  eight  hundred  and  fifty-four, 

32667  between  the  United  States  of  America  and  the  chiefs  and  head- 

32668  men  of  the  Rogue  River  tribe  of  Indians,  which  treaty  is  in  the 

32669  words  following,  to  wit: 

32670  Articles  of  an  agreement  entered  into  and  concluded  this  fifteenth 
32071  day  of  Xovember,  one  thousand  eight  hundred  and  fifty  - 
32672  four,  between  Joel  Palmer,  superintendent  of  Indian  affairs, 

32073  on  the  part  of  the  United  States,  and  the  chiefs  and  head- 

32074  men  of  the  Rogue  River  tribe  of  Indians,  on  the  part  of  said 

32675  tribe. 

32676  ARTICLE  1.  It  is  agreed  on  the  part  of  said  tribe,  that  the 

32677  Table  Rock  reserve,  described  in  the  treaty  of  the  10th  September, 

32678  1853,  (the  next  preceding  treaty,)  between  the  United  States  and 

32679  the  Rogue  River  tribe,  shall  be  possessed  and  occupied  jointly 

32680  by  said  tribe  and  such  other  tribes  and  bands  of  Indians  as  the 

32681  United  States  shall  agree  with  by  treaty  stipulations,  or  the  Presi- 

32682  dent  of  the  United  States  shall  direct  to  reside  thereupon,  the 

32683  place  of  residence  of  each  tribe,  part  of  tribe,  or  band  on  said 

32684  reserve, to  be  designated  by  the  superintendent  of  Indian  affairs 

32685  or  Indian  agent;  that  the  tribes  and  bands  hereafter  to  be  settled 

32686  on  said  reserve  shall  enjoy  equal  rights  and  privileges  with  the 

32687  Rogue  River  tribe ;  arid  that  the  annuities  paid  to  the  Indians  now 

32688  residing  or  hereafter  to  reside  on  said  reserve  shall  be  shared  by 

32689  all  alike,  from  and  after  said  residence  thereon  :  Provided,  That 

32690  the  annuity  of  the  Rogue  River  tribe,  as  agreed  on  in  the  treaty  of 

32691  the  10th  September,  1853,  shall  not  be  diminished  or  in  any  way 

32692  impaired  thereby.      It  is  also  agreed  that  the  United   States 


733 

32G93  shall  have  the  right  to  make  such  roads,  highways,  and  railroads 

32694  through  said  reserve  as  the  public  good  may  from  time  to  time 

32G95  require,  a  just  compensation  being  made  therefor. 

32G96  ARTICLE  2.  In  consideration  of  the  foregoing  stipulation?, 

32G97  it  is  agreed  on  the  part  of  the  United  States  to  pay  to  the  Rogue 

32G98  River  tribe,  as  soon  as  practicable  after  the  signing  of  thisagree- 

32G99  merit,  two  thousand  one  hundred  and  fifty  dollars,  in  the  follow- 

32700  ing  articles  :  twelve  horses,  one  beef,  two  yokes  of  oxen,  with 

32701  yokes  and  chains,  one  wagon,  one  hundred  men's  coats,  fifty 

32702  pairs  of  pantaloons,  and  fifty  hickory  shirts ;  also,  that  in  the 

32703  treaties  to  be  made  with  other  tribes  and  bands,  hereafter  to  be 

32704  located  on  said  reserve,  that  provision  shall  be  made  for  the 

32705  erection  of  two  smith-shops  ;  for  tools,  iron,  and  blacksmiths  for 
3270G  the  same  ;  for  opening  farms  and  employing  farmers  ;  for  a  hos- 

32707  pital,  medicines,  and  a  physician;  and  for  one  or  more  schools; 

32708  the  uses  and  benefits  of  all  which  shall  be  secured  to  said  Rogue 

32709  River  tribe  equally  with  the  tribes  and  bands  treated  with  ;  all 

32710  the  improvements   made,    and    schools,   hospital,   and    shops 

32711  erected,  to  be  conducted  in  accordance  with  such  laws,  rules, 

32712  and  regulations  as  the  Congress  or  the  President  of  the  United 

32713  States  may  prescribe. 

32714  ARTICLE  3.  It  is  further  agreed,  that  when  at  any  time  here- 

32715  after  the  Indians  residing  on  this  reserve  shall  be  removed  to 
3271G  another  reserve,  or  shall  be  elsewhere  provided  for,  that  the 

32717  fifteen  thousand   dollars  thereafter  to  be  paid  to  said  Rogue 

32718  River  tribe,  as  specified  in  the  treat3T  of  the  10th  September, 

32719  1853,  shall  be  shared  alike  by  the  members  of  all  the  tribes  and 

32720  bands  that  are,  or  hereafter  shall  be,  located  on  the  said  Table 

32721  Rock  reserve. 

32722  ARTICLE  4.  It  is  also  further  provided  that,  in  the  event 

32723  that  this  agreement  shall  not  be  ratified  by  the  President  and 

32724  Senate  of  the  United  States,  or  that  no  other  tribe  or  band  shall 

32725  be  located  on  said  reserve,  the  two  thousand  one  hundred  and 
3272G  fifty  dollars  stipulated  in  article  second  of  this  agreement  to  be 

32727  paid  said  Rogue  River  tribe,  shall  be  deducted  from  their  annui- 

32728  ties  hereafter  to  be  paid  said  Indians. 

32729  Proclaimed  April  7,  1855. 


734 

32730  SACS  RESIDING  ON  MISSOURI  RIVER. 

32731  A  treaty   of  peace  and  friendship    made   and  concluded  between 

32732  William  Clark,  Ninian Edwards,  and  Aunuste  Chouteau,  com- 

32733  missioners  plenipotentiary  of  the   United  States  of  America, 

32734  on  the  part  and  behalf  of  the  said  States,  of  the  one  part,  and 

32735  the  undersigned  chiefs  and  warriors  of  that  portion  of  the  Sac 
32730  Nation  of  Indians  now  residing  on  the  Missouri  River,  of  the 

32737  other  part. 

32738  Whereas  the  undersigned  chiefs  and  warriors,  as  well  as 
32731)  that  portion  of  the  nation  which  they  represent,  have  at  all  times 

32740  been  desirous  of  fulfilling  their  treaty  with  the  United  States, 

32741  with  perfect  good  faith;  and  for  that  purpose  found  themselves 

32742  compelled,  since  the  commencement  of  the  late  war,  to  separate 

32743  themselves  from  the  rest  of  their  nation,  and  remove  to  the  Mis- 

32744  sonri  River,  where  they  have  continued  to  give  proofs  of  their 

32745  friendship  and  fidelity  ;  and 

32746  Whereas  the  United  States,  justly  appreciating  the  conduct 

32747  of  said  Indians,  are  disposed  to  do  them  the  most  ample  justice 

32748  that  is  practicable,  the  said  parties  have  agreed  to  the  follow  er- 

32749  ing  articles  : 

32750  ARTICLE  1.  The  undersigned  chiefs  and  warriors,  for  them- 

32751  selves  and  that  portion  of  the  Sacs  which  they  represent,  do 

32752  hereby  assent  to  the  treaty  between  the  United  States  of  Amer- 

32753  ica  and  the  united  tribes  of  Sacs  and  Foxes,  which  was  con- 

32754  eluded  at  St.  Louis,  on  the  third  day  of  November,  one  thousand 

32755  eight  hundred  and  four,  (proclaimed  February  21 ,  1805 ;)  and 
32750  they  moreover  promise  to  do  all  in  their  power  to  re-establish 

32757  and  enforce  the  same. 

32758  ARTICLE  2.  The  said  chiefs  and  warriors,  for  themselves  and 

32759  those  they  represent,  do  further  promise  to  remain  distinct  and 

32760  separate  from  the  Sacs  of  Rock  River,  giving  them  no  aid  or  as- 

32761  sistauce  whatever,  until  peace  shallalso  be  concluded  between 

32762  the  United  States  and  the  said  Sacs  of  Rock  River. 

32763  ARTICLE  3.  The  United  States,  on  their  part,  promise  to  al- 

32764  low  the  said  Sacs  of  the  Missouri  River  all  the  rights  and  privi- 

32765  leges  secured  to  them  by  the  treaty  of  St.  Louis  before  mentioned , 
52766  and  also,  as  soon  as  practicable,  to  furnish  them  with  a  just  pro- 

32767  portion  of  the  annuities  stipulated  to  be  paid  by  that  treaty ; 

32768  provided  they  shall  continue  to  comply  with  this  and  their  former 

32769  treaty. 

'•^2770  Ratified  December  26, 1815. 


735 

32771  SACS  OF  EOCK  E1VEK. 

32772  A  treaty  of  peace  and  friendship  made  and  concluded  between  WiU- 

32773  iam  Clark,  Ninian  Edwards,  and  Auguste  Chouteau,  commis- 

32774  sioners plenipotentiary  of  the  United  States  of  America,  on  the 

32775  part  and  behalf  of  the  said  States,  of  the  one  part,  and  the  un- 

32776  dersigned  chiefs  and  ivarriors  of  the  Sacs  of  Rod;  River  and 

32777  the  adjacent  country,  of  the  other  part. 

32778  Whereas,  by  the  ninth  article  of  the  treaty  of  peace,  which 

32779  was  concluded  on  the  twenty-fourth  day  of  December,  eighteen 

32780  hundred  and  fourteen,  between  the  United  States  and  Great 

32781  Britain,  at  Ghent,  and  which  was  ratified  by  the  President,  with 

32782  the  advice  and  consent  of  the  Senate,  on  the  seventeenth  day  of 

32783  February,  eighteen  hundred  and  fifteen,  it  was  stipulated  that 
32781  the  said  parties  should  severally  put  an  end  to  all  hostilities  with 

32785  the  Indian  tribes  with  whom  they  might  be  at  war  at  the  time 

32786  of  the  ratification  of  said  treaty,  and  to  place  the  said  tribes 

32787  inhabiting  their  respective  territories  on  the  same  footing  upon 

32788  which  they  stood  before  the  war:  Provided,  They   should  agree 

32789  to  desist  from  all  hostilities  against  the  said  parties,  their  citi- 

32790  zeus  or  subjects  respectively,  upon  the  ratification  of  the  said 

32791  treaty  being  notified  to  them,  and  should  so  desist  accordingly ; 

32792  and 

32793  Whereas  the  United  States  being  determined  to  execute 
32791  every  article  of  the  treaty  with  perfect  good  faith,  and  wishing 

32795  to  be  particularly  exact  in  the  execution  of  the  article  above 

32796  alluded  to,  relating   to   the  Indian  tribes,    the  President,    in 

32797  consequence  thereof,  for  that  purpose,  on  the  eleventh  day  of 

32798  March,  eighteen  hundred  and  fifteen,  appointed  the  undersigned 
32791)  William  Clark,  governor  of  Missouri  Territory,  Ninian  Edwards, 

32800  governor  of  Illinois  Territory,  and  Auguste  Choutean,  esq.,  of 

32801  the  Missouri  Territory,  commissioners,  with  full  power  to  con- 

32802  elude  a  treaty  of  peace  and  amity  with  all  those  tribes  of  Indians, 

32803  conformably  to  the  stipulations  contained  in  the  said  article,  on 
32801  the  part  of  the  United  States,  in  relation  to  such  tribes ;  and 

32805  Whereas  the  commissioners,  in  conformity  with  their  in- 

32806  structions,  in  the  early  part  of  last  year  notified  the  Sacs  of 

32807  Eock  Kiver  and  the  adjacent  country  of  the  time  of  the  ratifi- 

32808  cation  of  said  treaty ;  of  the  stipulations  it  contained  in  relation 

32809  to  them ;  of  the  disposition   of  the   American  Government  to 

32810  fulfil  those  stipulations,  by  entering  into  a  treaty  with  them  con- 

32811  formably  thereto;  and  invited  the  said  Sacs  of  Eock  Eiver  and 

32812  the  adjacent  country  to  send  forward  a  deputation  of  their  chiefs 

32813  to  meet  the  said  commissioners  at  Portage  des  Sioux,  for  the 


736 

32814  purpose  of  concluding  such  a  treaty  as  aforesaid,  between  the 

,32815  United  States  and  the  said  Indians  ;  and  the  said  Sacs  of  Eock 

3281G  Biver  and  the  adjacent  country  haying  not  only  declined  that 

32817  friendly  overture,  but  having  continued  their  hostilities,  and 

32818  committed  many  depredations  thereafter,  which  would   have 
32810  justified  the  infliction  of  tbe  severest  chastisement  upon  them, 

32820  but  having  earnestly  repented  of  their  conduct,  now  imploring 

32821  mercy,  and  being  anxious  to  return  to  the  habits  of  peace  and 

32822  friendship  with  the  United  States,  and  the  latter  being  always 

32823  disposed  to  pursue  the  most  liberal  and  humane  policy  towards 

32824  the  Indian  tribes  within  their  territory,  preferring  their  reclama- 

32825  tioii  by'peaceful  measures  to  their  punishment  by  the  application 
32820  of  the  military  force  of  the  nation :  Now,  therefore, 

32827  Tbe  said  William  Clark,  Ninian   Edwards,  and  Auguste 

32828  Chouteau,  commissioners,  as  aforesaid,   and  the   undersigned, 

32829  chiefs  and  warriors,  as  aforesaid,  for  the  purpose  of  restoring 

32830  peace  and  friendship  between  the  parties,  do  agree  to  the  fol- 

32831  lowing  articles : 

32832  ARTICLE  1.   The   Sacs   of   Bock  Biver  and  the   adjacent 

32833  country  do  hereby  unconditionally  assent  to  recognize,  re-estab- 

32834  lish,   and  confirm   the  treaty  between  the   United   States  of 

32835  America  and  the  united  tribes  of  Sacs  and  Foxes,  which  was 
3283G  concluded  at  St.  Louis  on  the  third  day  of  November,  one  thou 

32837  sand  eight  hundred  and  four,  as  well  as  all  other  contracts  and 

32838  agreements  heretofore  made  between  the  Sac  tribe  or  nation  and 
32830  the  United  States. 

32840  ARTICLE  2.  The  United  States  agree  to  place  the  aforesaid 

32841  Sacs  of  Bock  Biver  on  the  same  footing  upon  which  they  stood 

32842  before  the  war,  provided  they  shall,  on  or  before  the  first  day  of 

32843  July  next,  deliver  up  to  the  officer  commanding  at  Cantonment 

32844  Davis,  on  the  Mississippi,  all  the  property  they,  or  any  part  of 

32845  their  tribe,  have  plundered  or  stolen  from  the  citizens  of  the 
3284G  United  States  since  they  were  notified,  as  aforesaid,  of  the  time 

32847  of  the  ratification  of  the  late  treaty  between  the  United  States 

32848  and  Great  Britain. 

'32840  ARTICLE  3.  If  the  said  tribe  shall  fail  or  neglect  to  deliver 

^850  up  the  property  aforesaid,  or  any  part  thereof,  on  or  before  the 

2851  first  day  of  July  aforesaid,  they  shall  forfeit  to  the  United  States 

32852  all  right  and  title  to  their  proportion  of  the  annuities  which,  by 

2853  the  treaty  of  St.  Louis,  were  covenanted  to  be  paid  to  the  Sac 

2854  tribe ;  and  the  United  States  shall  forever  afterwards  be  exoner- 
!855  ated  from  the  payment  of  so   much  of  said  annuities  as,  upon 
!85G  a  fair  distribution,  would  foil  to  the  share  of  that  portion  of  the 

*2857  Sacs  who  are  represented  by  tbe  undersigned  chiefs  and  war- 

32858  riors. 

32850  ARTICLE  4.  This  treaty  shall  take  effect  and  be  obligatory 


737 

32860  ou  the  contracting  parties,  unless  the  same  shall  be  disapproved 

32861  by  the  President  and  Senate  of  the  United  States,  or  by  the 
328G2  President  only,  and   in  the  mean  time  all  hostilities  shall  cease 
328G3  from  this  date. 

328G4  Proclaimed  December  30,  1816. 


32865  SACS  AND  FOXES. 


32866  A  treaty  beticeen  the   United  States  of  America  and  the  united 

32867  tribes  of  Sac  and  Fox  Indians. 

32868  Articles  of  a  treaty  made  at  St.  Louis,  in  the  district  of  Louisiana, 
328G9  between  William  Henry  Harrison,  governor  of  the  Indiana 

32870  Territory  and  of  the  district  of  Louisiana,  superintendant 

32871  of  Indians  affairs  for  the  said  territory  and  district,  and 

32872  commissioner  plenipotentiary  of  the  United  States  for  con- 

32873  eluding  any  treaty  or  treaties  which  may  be  found  neces- 

32874  sary  with  any  of  the  northwestern  tribes  of  Indians,  of  the 

32875  one  part,  and  the  chiefs  and  head-men  of  the  united  Sac 

32876  and  Fox  tribes,  of  the  other  part. 

32877  ARTICLE  1.  The  United  States  receive  the  united  Sac  and 

32878  Fox  tribes  into  their  friendship  and  protection,  and  the  said 

32879  tribes  agree  to  consider  themselves  under  the  protection  of  the 

32880  United  States,  and  of  no  other  power  whatsoever* 

32881  ARTICLE  2.  The  general  boundary-line  between  the  lands 

32882  of  the  United  States  and  of  the  said  Indian  tribes  shall  be  as 

32883  follows,  to  wit:     Beginning  at  a  point  on  the  Missouri  River 

32884  opposite  to   the  mouth  of   the   Gasconade  Eiver;    thence  in 

32885  a  direct  course  so  as  to  strike  the  Eiver  Jefferson  at  the  distance 

32886  of  thirty  miles  from  its  mouth,  and  down  the  said  Jefferson  to 

32887  the  Mississippi ;  thence  up  the  Mississippi  to  the  mouth  of  the 

32888  Ouisconsing  Eiver,  and  up  the  same  to  a  point  which  shall  be 

32889  thirty-six  miles  in  a  direct  line  from,  the  mouth  of  the  said  river  j 

32890  thence  by  a  direct  line  to  the  point  where  the  Fox  Kiver  (a 

32891  branch  of  the  Illinois)  leaves  the  small  lake  called  Sakaegan ; 

32892  thence  down  the  Fox  Eiver  to  the  Illinois  Eiver,  and  down  the 

32893  same  to  the  Mississippi.    And  the  said  tribes,  for  and  in  consid- 

32894  eration  of  the  friendship  and  protection  of  the  United  States 

32895  which  is  now  extended  to  them,  of  the  goods  (to  the  value  of 

32896  two  thousand  two  hundred  and  thirty-four  dollars  and  fifty 

32897  cents)  which  are  now  delivered,  and  of  the  annuity  hereinafter 

32898  stipulated  to  be  paid,  do  hereby  cede  and  relinquish  forever  to 

32899  the  United  States  all  the  lands  included  within  the  above-de- 

32900  scribed  boundary. 

93  I  T 


738 

32901  ARTICLE  3.  In  consideration  of  the  cession  and  relinquish- 

32902  ment  of  land  made  in  the  preceding  article,  the  United  States 

32903  will  deliver  to  the  said  tribes,  at  the  town  of  St.  Louis,  or  some 

32904  other  convenient  place  on  the  Mississippi,  yearly  and  every  year, 

32905  goods  suited  to  the  circumstances  [of  the  Indians,  of  the  value 

32906  of  one  thousand  dollars,  (six  hundred  of  which  are  intended  for 

32907  the  Sacs  and  four  hundred  for  the  Foxes,)  reckoning  that  value  at 

32908  the  first  cost  of  the  goods  in  the  city  or  place  in  the  United  States 

32909  where  they  shall  be  procured.      And  if  the  said  tribes  shall 

32910  hereafter,  at  an  annual  delivery  of  the  goods  aforesaid,  desire 

32911  that  a  part  of  their  annuity  should  be  furnished  in  domestic 

32912  animals,  implements  of  husbandry,  and  other  utensils  convenient 

32913  for  them,  or  in  compensation  to  useful  artificers  who  may  reside 

32914  with  or  near  them,  and  be  employed  for  their  benefit,  the  same 

32915  shall  at  the  subsequent  annual  delivery  be  furnished  accord- 

32916  iugly. 

32917  ARTICLE  4.   The  United  States  will  never  interrupt  the 

32918  said  tribes  in  the  possession  of  the  lands  which  they  rightfully 

32919  claim,  but  will  on  the  contrary  protect  them  in  the  quiet  en- 

32920  joyment  of  the  same  against  their  own  citizens  and  against 

32921  all  other  white  persons  who  may  intrude  upon  them.    And  the 

32922  said  tribes  do  hereby  engage  that  they  will  never  sell  their  lands 

32923  or  any  part  thereof  to  any  sovereign  power  but  the  United 

32924  States,  nor  to  the  citizens  or  subjects  of  any  other  sovereign 

32925  power,  nor  to  the  citizens  of  the  United  States. 

32926  ARTICLE  5.  Lest  the  friendship  which  is  now  established 

32927  between  the  United  States  and  the  said  Indian  tribes  should  be 

32928  interrupted  by  the  misconduct  of  individuals,  it  is  hereby  agreed 

32929  that  for  injuries  done  by  individuals,  no   private  revenge  or 

32930  retaliation  shall  take  place,  but,  instead  thereof,  complaints  shall 

32931  be  made  by  the  party  injured  to  the  other — by  the  said  tribes  or 

32932  either  of  them  to  the  superintendant  of  Indian  affairs  or  one  of 

32933  his  deputies,  and  by  the  superintendant  or  other  person  appointed 

32934  by  the  President  to  the  chiefs  of  the  said  tribes.    And  it  shall 

32935  be  the  duty  of  the  said  chiefs,  upon  complaint  being  made  as 

32936  aforesaid,  to  deliver  up  the  person  or  persons  against  whom  the 
'2937  complaint  is  made,  to  the  end  that  he  or  they  may  be  punished 

32938  agreeably  to  the  laws  of  the  State  or  Territory  where  the  offence 

32939  may  have  been  committed ;  and  in  like  manner  if  any  robery, 

32940  violence,  or  murder  shall  be  committed  on  any  Indian  or  Indians 
|2941  belonging  to  the  said  tribes  or  either  of  them,  the  person  or  per 
sons  so  offending  shall  be  tried,  and, if  found  guilty,  punished  in 

'43  the  like  manner  as  if  the  injury  had  been  done  to  a  white  man. 

)44  And  it  is  further  agreed  that  the  chiefs  of  the  said  tribes  shall, 

•45  to  the  utmost  of  their  power,  exert  themselves  to  recover  horses 

32946  or  other  property  which  may  be  stolen  from  any  citizen  or  citi- 


739 

32947  zens  of  the  Uuited  States  by  any  individual  or  individuals  of 

32948  their  tribes,  and  the  property  so  recovered  shall  be  forthwith 

32949  delivered  to  the  superintendant  or  other  person  authorised  to 

32950  receive  it,  that  it  may  be  restored  to  the  proper  owner ;  and  in 

32951  cases  where  the  exertions  of  the  chiefs  shall  be  ineffectual  in 

32952  recovering  the  property  stolen  as  aforesaid,  if  sufficient  proof  can 

32953  be  obtained  that  such  property  was  actually  stolen  by  any  Indian 

32954  or  Indians  belonging  to  the  said  tribes  or  either  of  them,  the 

32955  United  States  may  deduct  from  the  annuity  of  the  said  tribes  a 

32956  sum  equal  to  the  value  of  the  property  which  has  been  stolen. 

32957  And  the  United  States  hereby  guarantee  to  any  Indian  or  In- 

32958  dians  of  the  said  tribes  a  full  indemnification  for  any  horses  or 

32959  other  property  which  may  be  stolen  from  them  by  any  of  their 

32960  citizens:  Provided,  That  the  property  so  stolen  cannot  be  recov- 

32961  ered,  and  that  sufficient  proof  is  produced  that  it  was  actually 

32962  stolen  by  a  citizen  of  the  United  States. 

32963  ARTICLE  6.  If  any  citizen  of  the  United  States  or  other 

32964  white  person  should  form  a  settlement  upon  lands  which  are  the 

32965  property  of  the  Sac  and  Fox  tribes,  upon  complaint  being  made 

32966  thereof  to  the  superiutendant  or  other  person  having  charge  of 

32967  the  affairs  of  the  Indians,  such  intruder  shall  forthwith  be  re- 

32968  moved. 

32969  ARTICLE  7.  As  long  as  the  lauds  which  are  now  ceded  to 

32970  the  United  States  remain  their  property,  the  Indians  belonging 

32971  to  the  said  tribes  shall  enjoy  the  priviledge  of  living  and  hunt- 

32972  ing  upon  them. 

32973  ARTICLE  8.  As  the  laws  of  the  United  States  regulating 

32974  trade  and  intercourse  with  the  Indian  tribes,  are  already  ex- 

32975  tended  to  the  country  inhabited  by  the  Saukes  and  Foxes,  and 

32976  as  it  is  provided  by  those  laws  that  no  person  shall  reside  as  a 

32977  trader  in  the  Indian  country  without  a  license  under  the  hand 

32978  [and]  seal  of  the  superintendant  of  Indian  affairs,  or  other  per- 

32979  sou  appointed  for  the  purpose  by  the  President,  the  said  tribes 

32980  do  promise  and  agree  that  they  will  not  suffer  any  trader  to 

32981  reside  amongst  them  without  such  license ;  and  that  they  will 

32982  from  time  to  time  give  notice  to  the  superintendant  or  to  the 

32983  agent  for  their  tribes  of  all  the  traders  that  may  be  in  their 

32984  country. 

32985  ARTICLE  9.  Abrogated  by  the  treaty  of  September  3,  1822, 

32986  (proclaimed  February  12,  1823,  page  740.) 

32987  ARTICLE  10.  In  order  to  evince  the  sincerity  of  their  friend- 

32988  ship  and  affection  for  the  United  States,  and  a  respectful  defer  - 

32989  ence  for  their  advice  by  an  act  which  will  not  only  be  acceptable 

32990  to  them  but  to  the  common  Father  of  all  the  nations  of  the  earth, 

32991  the  said  tribes  do  hereby  solemnly  promise  and  agree  that  they 

32992  will  put  an  end  to  the  bloody  war  which  has  heretofore  raged 


740 

32993  between  their  tribes  and  those  of  the  Great  and  Little  Osages. 

32994  And  for  the  purpose  of  burying  the  tomahawk  and  renewing  the 

32995  friendly  intercourse  between  themselves  and  the  Osages,  a  meet- 
3299G  ing  of  their  respective  chiefs  shall  take  place,  at  which,  under 

32997  the  direction  of  the  above-named  commissioner  or  the  agent  of 

32998  Indian  affairs  residing  at  St.  Louis,  an   adjustment  of  their 

32999  diftereucies  shall  be  made,  and  peace  established  upon  a  firm  and 

33000  lasting  basis. 

33001  ARTICLE  11.  As  it  is  probable  that  the  Government  of  the 

33002  United  States  will  establish  a  military  post  at  or  near  the  mouth 

33003  of  the  Ouisconsing  River,  and  as  the  laud  on  the  lower  side  of 
33001  the  river  may  not  be  suitable  for  that  purpose,  the  said  tribes 

33005  hereby  agree  that  a  fort  may  be  built  either  on  the  upper  side  of 

33006  the  Ouisconsing  or  on  the  right  bank  of  the  Mississippi,  as  the 

33007  one  or  the  other  may  be  found  most  convenient,  and  a  tract  of 

33008  land  not  exceeding  two  miles  square  shall  be  given  for  that  pur- 

33009  pose.    And  the  said  tribes  do  further  agree  that  they  will  at  all 

33010  times  allow  to  traders  and  other  persons  travelling  through  their 

33011  country  under  the  authority  of  the  United  States  a  free  and  safe 

33012  passage  for  themselves  and  their  property  of  every  discriptiou. 

33013  And  that  for  such  passage  they  shall  at  no  time  and  on  no  account 

33014  whatever  be  subject  to  any  toll  or  exaction. 

33015  ARTICLE  12.  This  treaty  shall  take  effect  and  be  obligatory 

33016  on  the  contracting  parties  as  soon  as  the  same  shall  have  been 

33017  ratified  by  the  President,  by  and  with  the  advice  and  consent  of 

33018  the  Senate  of  the  United  States. 


33019  Additional  article. 

33020  It  is  agreed  that  nothing  in  this  treaty  contained  shall  affect 

33021  the  claim  of  any  individual  or  individuals  who  may  have  obtained 

33022  grants  of  land  from  the  Spanish  government,  and  which  are  not 

33023  included  within  the  general  boundary-line  laid  down  in  this  treaty : 

33024  Provided,  That  such  grant  have  at  any  time  been  made  known  to 

33025  the  said  tribes,  and  recognized  by  them. 
3302G  Proclaimed  February  21,  1805. 

33027  Articles  of  a  treaty  entered  into  and  concluded  at  Fort  Armstrong, 
by  and  between  Thomas  Forsyth,  agent  of  Indian  affairs,  au 
thorized  on  the  part  of  tlie  United  States  for  that  purpose,  of  the 

33030  one  part,  and  the  chiefs,  warriors,  and  head-men  of  the  United 

33031  Sac  and  Fox  tribes,  for  themselves  and  their  tribes,  of  the  other 

33032  part. 

Whereas  by  the  ninth  article  of  the  treaty  made  and  entered 
33034    into  between  the  United  States  and  the  Sac  and  Fox  tribes  of 


741 

33035  Indians,  concluded  and  signed  at  Saint  Louis,  in  the  district  of 

33036  Louisiana,  on  the  third  day  of  November,  one  thousand  eight 

33037  hundred  and  four,  it  is  stipulated,  in  order  to  put  a  stop  to  the 

33038  abuses  and  impositions  which  are  practised  upon  the  said  tribes 

33039  by  the  private  traders,  the  United  States  will,  at  a  convenient 

33040  time,  establish  a  trading-house  or  factory,  where  the  individuals 

33041  of  the  said  tribes  can  be  supplied  with  goods  at  a  more  reason- 

33042  able  rate  than  they  have  been  accustomed  to  procure  them. 

33043  Now,  we,  the  said  chiefs,  warriors,  and  head-men  of  the  said 

33044  tribes,  for  and  in  consideration  of  the  sum  of  one  thousand  dol- 

33045  lars  to  us  now  paid  in  merchandize  out  of  the  United  States 

33046  factory,  by  said  Thomas  Forsyth,  on  behalf  of  the  United  States, 

33047  the  receipt  whereof  is  hereby  acknowledged,  do  exonerate,  re- 

33048  lease,  and  forever  discharge  the  United  States  from  the  obliga- 

33049  tion  contained  in  the  ninth  article  above  recited,  and  the  afore- 

33050  said  ninth  article  is,  from  the  date  hereof,  abrogated  and  of  no 

33051  effect. 

33052  Proclaimed  February  12,  1823. 

33053  Treaty  with  the  Sock  and  Fox  Indians. 

33054  To  perpetuate  peace  and  friendship  between  the  United 

33055  States  and  the  Sock  and  Fox  tribes  or  nations  of  Indians,  and 

33056  to  remove  all  future  cause  of  dissensions  which  may  arise  from 

33057  undefined  territorial  boundaries,  the  President  of  the  United 

33058  States  of  America,  by  William  Clark,  superintendent  of  Indian 

33059  affairs,  and  sole  commissioner  specially  appointed  for  that  pur- 

33060  pose,  of  the  one  part,  and  the  undersigned  chiefs  and  head-men 

33061  of  the  Sock  and  Fox  tribes  or  nations,  fully  deputised  to  act 

33062  for  and  in  behalf  of  their  said  nations,  of  the  other  part,  have 

33063  entered  into  the  following  articles  and  conditions,  viz  : 

33064  ARTICLE  1.  The  Sock  and  Fox  tribes  or  nations  of  Indians, 

33065  by  their  deputations  in  council  assembled,  do  hereby  agree,  in 

33066  consideration  of  certain  sums  of  money,  &c.,  to  be  paid  to  the 

33067  said  Sock  and  Fox  tribes,  by  the  Government  of  the  United 

33068  States,  as  hereinafter  stipulated,  to  cede  and  forever  quit-claim, 

33069  and  do,  in  behalf  of  their  said  tribes  or  nations,  hereby  cede, 

33070  relinquish,  and  forever  quit-claim,  unto  the  United  States,  all 

33071  right,  title,  interest,  and  claim,  to  the  lands  which  the  said  Sock 

33072  and  Fox  tribes  have  or  claim,  with  in  the  limits  of  the  State  of 

33073  Missouri,  which  are  situated,  lying,  and  being  between  the  Mis- 

33074  sissippi  and  Missouri  Eivers,  and  a  line  running  from  the  Mis- 

33075  souri,  at  the  entrance  of  Kansas  Eiver,  north  one  hundred  miles 

33076  to  the  northwest  corner  of  the  State  of  Missouri,  and  from 

33077  thence  east  to  the  Mississippi.    It  being  understood  that  the 

33078  small  tract  of  land  lying  between  the  rivers  Desmoiu  and  the 


742 

33079  Mississippi,  and  the  section  of  the  above  line  between  the  Mis- 

33080  sissippi  and  the  Desmoin,  is  intended  for  the  use  of  the  half- 

33081  breeds  belonging  to  the  Sock  and  Fox  Nations  ;  they  holding  it, 

33082  however,  by  the  same  title,  and  in  the  same  manner,  that  other 

33083  Indian  titles  are  held. 

33084  ARTICLE  2.  The  chiefs  and  head-men  who  sign  this  conveu- 

33085  tion,  for  themselves  and  in  behalf  of  their  tribes,  do  acknowl- 

33086  edge  the  lands  east  and  south  of  the  lines  described  in  the  first 

33087  article,  so  far  as  the  Indians  claimed  the  same,  to  belong  to  the 

33088  United  States,  and  that  none  of  their  tribes  shall  be  permitted 

33089  to  settle  or  hunt  upon  any  part  of  it,  after  the  first  day  of  Jan- 

33090  uary,  1826,  without  special  permission  from  the  superintendent 

33091  of  Indian  affairs. 

33092  ARTICLE  3.  It  is  hereby  stipulated  and  agreed  on  the  part 

33093  of  the  United  States,  as  a  full  consideration  for  the  claims  and 

33094  lands  ceded  by  the  Sock  and  Fox  tribes  in  the  first  article,  there 

33095  shall  be  paid  to  the  Sock  and  Fox  Nations,  within  the  present 

33096  year,  one  thousand  dollars  in  cash,  or  merchandize  ;  and  in  ad- 

33097  dition  to  the  annuities  stipulated  to  be  paid  to  the  Sock  and 

33098  Fox  tribes  by  a  former  treaty,  the  United  States  do  agree  to 

33099  pay  to  the  said  Sock  tribe  five  hundred  dollars,  and  to  the  Fox 

33100  tribe  five  hundred  dollars  annually  for  the  term  of  ten  succeed- 

33101  ing  years ;  and,  at  the  request  of  the  chiefs  of  the  said  Sock 

33102  and  Fox  Nations,  the  commissioner  agrees  to  pay  to  Morice 

33103  Blondeau,  a  half  Indian  of  the  Fox  tribe,  the  sum  of  five  him- 

33104  dred  dollars,  it  being  a  debt  due  by  the  said  nation  to  the  afore- 

33105  said  Blondeau,  for  property  taken  from  him  during  the  late  war. 

33106  ARTICLE  4.  The  United  States  engage  to  provide  and  sup- 

33107  port  a  blacksmith  for  the  Sock  and  Fox  Nations  so  long  as  the 

33108  President  of  the  United  States  may  think  proper,  and  to  furnish 

33109  the  said  nations  with  such  farming-utensils  and  cattle,  and  to 

33110  employ  such  persons  to  aid  them  in  their  agriculture,  as  the 

33111  President  may  deem  expedient. 

33112  ARTICLE  5.  The  annuities   stipulated  to  be  paid  by  the 

33113  3d  article  are  to  be  paid  either  in   money,  merchandize,  pro- 

33114  visions,  or  domestic  animals,  at  the  option  of  the  aforesaid 

33115  tribes,  and  when  the  said  annuities  or  part  thereof  is  paid  in 

33116  merchandize,  it  is  to  be  delivered  to  them  at  the  first  cost  of  the 

33117  goods  at  St.  Louis,  free  from  cost  of  transportation. 

33118  ARTICLE  6.  This  treaty  shall  take  effect  and  be  obligatory 

33119  on  the  contracting  parties  so  soon  as  the  same  shall  be  ratified 

33120  by  the  President  of  the  United  States',  by  and  with  the  advice 

33121  and  consent  of  the  Senate  thereof. 

33122  Proclaimed  January  18,  1825. 


743 

33123  Articles  of  a  treaty  of  peace,  friendship,  and  cession,  concluded  at 

33124  Fort  Armstrong,  Rock  Island,  Illinois,  beticeen  the  United 

33125  States  of  America,  by  their  commissioners,  Major-  General  Win- 

33126  field  Scott,  of  the  United  Slates  Army,  and  his  Excellency 

33127  John  Reynolds,  governor  of  the  State  of  Illinois,  and  the  con- 

33128  federated  tribes  of  Sac  and  Fox  Indians,  represented,  in  general 

33129  council,  ~by  the  undersigned  chiefs,  head-men,  and  warriors. 

33130  Whereas  under  certain  lawless  and  desperate  leaders  a 

33131  formidable  band,  constituting  a  large  portion  of  the  Sac  and 

33132  Fox  Nation,  left  their  country  in  April  last,  and,  in  violation  of 

33133  treaties,  commenced  an  unprovoked  war  upon  unsuspecting  and 

33134  defenceless  citizens  of  the  United  States,  sparing  neither  age 

33135  nor  sex ;  and 

33136  Whereas  the  United  States,  at  a  great  expense  of  treasure, 

33137  have  subdued  the  said  hostile  band,  killing  or  capturing  all  its 

33138  principal  chiefs  and  warriors,  the  said  States,  partly  as  indeni- 

33139  nity  for  the  expense  incurred,  and  partly  to  secure  the  future 

33140  safety  and  tranquility  of  the  invaded  frontier,  demand  of  the 

33141  said  tribes,  to  the  use  of  the  United  States,  a  cession  of  a  tract 

33142  of  the  Sac  and  Fox  country  bordering  on  said  frontier  more  than 

33143  proportional  to  the  numbers  of  the  hostile  baud  who  have  been 

33144  so  conquered  and  subdued. 

33145  ARTICLE   1.  Accordingly  the  confederated  tribes  of  Sacs 

33146  and  Foxes  hereby  cede  to  the  United  States  forever  all  the 

33147  lands  to  which  the  said  tribes  have  title  or  claim  (with  the  ex- 

33148  ception  of  the  reservation  hereinafter  made)  included  within 

33149  the  following   bounds,  to  wit:  Beginning  on   the  Mississippi 

33150  River  at  the  point  where  the  Sac  and  Fox  northern  boundary  - 

33151  line,  as  established  by  the  second  article  of  the  treaty  of  Prai- 

33152  rie  du  Chieu,  of  the  fifteenth  of  July,  one  thousand  eight  him- 

33153  dred  and  thirty,  (proclaimed  February  24,  1831;  see  page  782,) 

33154  strikes  said  river;  thence  up  said  boundary-line  to  a  point  fifty 

33155  miles  from  the  Mississippi,  measured  on  said  line;  thence  in   a 

33156  right  line  to  the  nearest  point  on  the  Red  Cedar  of  the  loway, 

33157  forty  miles  from   the  Mississippi  River ;  thence  in  a  right  line 

33158  to  a  point  in  the  northern  boundary-line  of  the  State  of  Missouri 

33159  fifty  miles,  measured  on  said  boundary,  from  the  Mississippi 

33160  River  ;  thence  by  the  last-mentioned  boundary  to  the  Mississippi 

33161  River  and  by  the  western  shore  of  said  river  to  the  place  of 

33162  beginning.     And  the  said  confederated  tribes  of  Sacs  and  Foxes 

33163  hereby   stipulate  and  agree  to  remove  from  the  lauds  herein 

33164  ceded  to  the  United  States  on  or  before  the  first  day  of  June 

33165  next ;  and,  in  order  to  prevent  any  misunderstanding,  it  is  ex- 

33166  pressly  understood  that  no  baud  or  party  of  the  Sac  or  Fox 

33167  tribes  shall  reside,  plant,  fish,  or  hunt  on  any  portion  of  the 

33168  ceded  country  after  the  period  just  mentioned. 


744 

33169  ARTICLE  2.  Out  of  the  cession  made  in  the  preceding  arti- 

33170  cle  the  United  States  agree  to  a  reservation  for  the  use  of  the 

33171  said  confederated  tribes  of  a  tract  of  land  containing  four  huu- 

33172  dred  square  miles,  to  be  laid  off  under  the  directions  of  the 

33173  President  of  the  United  States,  from  the  boundary-line  crossing 

33174  the  loway  River,  in  such  manner  that  nearly  an  equal  portion 

33175  of  the  reservation  may  be  on  both  sides  of  said  river,  and  ex- 
3317G  tending  downwards  so  as  to  include  Ke-o-kuck's  principal  vil- 

33177  lage  on  its  right  bank,  which  village  is  about  twelve  miles  from 

33178  the  Mississippi  River. 

33179  ARTICLE  3.  In  consideration  of  the  great  extent  of  the 

33180  foregoing  cession  the  United  States  stipulate  and  agree  to  pay 

33181  to  the  said  confederated  tribes  annually  for  thirty  successive 

33182  years,  the  first  payment  to  be  made  in  September  of  the  next 

33183  year,  the  sum  of  twenty  thousand  dollars  in  specie. 

33184  ARTICLE  4.  It  is  further  agreed  that  the  United  States 

33185  shall  establish  and  maintain  within  the  limits  and  for  the  use 

33186  and  benefit  of  the  Sacs  and  Foxes  for  the  period  of  thirty  years 

33187  one  additional  black  and  gun  smith  shop,  with  the  necessary 

33188  tools,  iron  and  steel ;  and,  finally,  make  a  yearly  allowance  for 

33189  the  same  period  to  the  said  tribes  of  forty  kegs  of  tobacco  and 

33190  forty  barrels  of  salt,  to  be  delivered  at  the  mouth  of  the  loway 

33191  River. 

33192  ARTICLE  5.  The  United  States,  at  the  earnest  request  of 

33193  the  said  confederated  tribes,  further  agree  to  pay  to  Farnhani 

33194  and  Davenport,  Indian  traders  at  Rock  Island,  the  sum  of  forty 

33195  thousand  dollars,  without  interest,  which  sum  will  be  in  full  sat- 

33196  isfaction  of  the  claims  of  the  said  traders  against  the  said  tribes, 

33197  and  by  the  latter  was,  on  the  tenth  day  of  July,  one  thousand 

33198  eight  hundred  and  thirty-one,  acknowledged  to  be  justly  due  for 

33199  articles  of  necessity  furnished  in  the  course  of  the  seven  preced- 

33200  ing  years,  in  an  instrument  of  writing  of  said  date  duly  signed 

33201  by  the  chiefs  and  head-men  of  said  tribes,  and  certified  by  the 
23202  late  Felix  St.  Vrain,  United   States  agent,  and  Antoine   Le 

33203  Claire,  United  States  interpreter,  both  for  the  said  tribes. 

33204  ARTICLE  6.  At  the  special  request  of  the  said  confederated 

33205  tribes  the  United  States  agree  to  grant,  by  patent,  in  fee-sim- 

33206  pie,  to  Antoine  Le  Claire,  interpreter,  a  part  Indian,  one  section 

33207  of  land  opposite  Rock  Island,  and  one  section  at  the  head  of  the 

33208  first  rapids  above  said  island,  within  the  country  herein  ceded 

33209  by  the  Sacs  and  Foxes. 

210  ARTICLE  7.  Trusting  to  the  good  faith  of  the  neutral  bauds 
of  Sacs  and  Foxes,  the  United  States  have  already  delivered  up 
to  those  bands  the  great  mass  of  prisoners  made  in  the  course 

213  of  the  war  by  the  United  States,  and  promise  to  use  their  influ- 

33214  ence  to  procure  the  delivery  of  other  Sacs  and  Foxes  Who  may 


745 

33215  still  be  prisoners  in  the  hands  of  a  band  of  Sioux  Indians,  the 

33216  friends  of  the  United  States  ;  but  the  following-named  prisoners 

33217  of   war  now  in  confinement,  who  were  chiefs  and  head-men, 

33218  shall  be  held  as  hostages  for  the  future  good  conduct  of  the  late 

33219  hostile   bands    during  the  pleasure  of  the  President  of  the 

33220  United  States,  viz  :  Muk-ka-ta-mish-a-ka-kaik  (or  Black  Hawk) 

33221  and  his  two  sons  ;  Wau-ba-kee-shik,  (the  Prophet,)  his  brother, 

33222  and  two  sons;   Na-pope,  We-sheet  loway,  Pamaho,  and  Cha- 

33223  kee-pa-shi-pa-ho,  (the  Little  Stabbing  Chief.) 

33224  ARTICLE  8.   And  it  is  further  stipulated  and  agreed  be- 

33225  tween  the  parties  to  this  treaty  that  there  shall  never  be  allowed 

33226  in  the  confederated  Sac  and  Fox  Nation  any  separate  band  or 

33227  village  under  any  chief  or  warrior  of  the  late  hostile  bands ; 

33228  but  that  the  remnant  of  the  said  hostile  bands  shall  be  divided 

33229  among  the  neutral  bands  of  the  said  tribes  according  to  blood — 

33230  the  Sacs  among  the  Sacs,  and  the  Foxes  among  the  Foxes. 

33231  ARTICLE  9.   In  consideration  of  the  premises,  peace  and 

33232  friendship  are  declared,  and  shall  be  perpetually  maintained  be- 

33233  tween  the  United  States  and  the  whole  confederated  Sac  and 

33234  Fox  Nation,  excepting  from  the  latter  the  hostages  before  men- 

33235  tioned. 

3323G  ARTICLE  10.  The  United  States,  besides  the  presents  deliv- 

33237  ered  at  the  signing  of  this  treaty,  wishing  to  give  a  striking 

33238  evidence  of  their  mercy  and  liberality,  will  immediately  cause 

33239  to  be  issued  to  the  said  confederated  tribes,  principally  for  the 

33240  use  of  the  Sac  and  Fox  women  and  children  whose  husbands, 

33241  fathers,  and  brothers  have  been  killed  in  the  late  war,  and  gen- 

33242  erally  for  the  use  of  the  whole  confederated  tribes,  articles  of 

33243  subsistence  as  follows:  thirty-five  beef-cattle,  twelve  bushels  of 

33244  salt,  thirty  barrels  of  pork,  and  fifty  barrels  of  flour,  and  cause 

33245  to  be  delivered  for  the  same  purposes  in  the  month  of  April 
3324G  next  at  the  mouth  of  the  Lower  loway,  six  thousand  bushels  of 

33247  maize  or  Indian  corn. 

33248  ARTICLE  11.  At  the  request  of  the  said  confederated  tribes 

33249  it  is  agreed  that  a  suitable  present  shall  be  made  to  them  on 

33250  their  pointing  out  to  any  United  States  agent  authorised  for  the 

33251  purpose  the  position  or  positions  of  one  or  more  mines  sup- 

33252  posed  by  the  said  tribes  to  be  of  a  metal  more  valuable  than 

33253  lead  or  iron. 

33254  ARTICLE  12.  This  treaty  shall  take  effect  and  be  obligatory 

33255  on  the  contracting  parties  as  soon  as  the  same  shall  be  ratified 

33256  "by  the  President  of  the  United  States,  by  and  with  the  advice 

33257  and  consent  of  the  Senate  thereof. 

33258  Proclaimed  February  13,  1833. 

94  I  T 


746 

33259  Convention  with  the  ^ac  and  Fox  tribe. 

33260  In  a  convention  held  this  twenty-seventh  day  of  September, 
332G1  JS36,  between  Henry  Dodge,  superintendent  of  Indian  affairs, 

33262  and  the  chiefs,  braves,  and  principal  men  of  the  Sac  and  Fox 

33263  tribe  of  Indians,  it  has  been  represented  that,  according  to  the 

33264  stipulations  of  the  first  article  of  the  treaty  of  Prairie  du  Chien, 

33265  of  the  15th   July,  1830,  (see   page   782,)  the  country  thereby 

33266  is  u  to  be  assigned  and  allotted,  under  the  direction  of  the  Presi- 

33267  dent  of  the  United  States,  to  the  tribes  now  living  thereon,  or 

33268  to  such  other  tribes  as  the  President  may  locate  thereon,  for 

33269  hunting  and  other  purposes."    And  ; 

33270  Whereas  it  is  further  represented  to  us,  the  chiefs,  braves, 

33271  and  principal  men  of  the  tribe  aforesaid,  to  be  desirable  that 

33272  the  lands  lying  between  the  State  of  Missouri  and  the  Missouri 

33273  Eiver  should  be  attached  to,  and  become  a  part  of,  said  State, 

33274  and   the  Indian   title   thereto  be    entirely    extinguished,   but 

33275  that,  notwithstanding,  as  these  lands  compose  a  part  of  the 

33276  country  embraced  by  the  provisions  of  said  first  article  of  the 

33277  treaty  aforesaid,  the  stipulations  thereof  will  be  strictly  observed 

33278  until  the  assent  of  the  Indians  interested  is  given  to  the  pro- 

33279  posed  measure ; 

33280  Now  we,  the  chiefs,  braves,  and  principal  men  of  the  Sac 

33281  and  Fox  tribes  of  Indians,  fully  understanding  the  subject,  and 

33282  well  satisfied  from  the  local  position  of  the  lands  in  question, 

33283  that  they  can  never  be  made  available  for  Indian  purposes,  and 

33284  that  an  attempt  to  place  an  Indian  population  on  them  must 

33285  inevitably  lead  to  collisions  with  the  citizens  of  the  United 

33286  States  •  and  further  believing  that  the  extension  of  the  State- 

33287  line  in  the  direction  indicated  would  have  a  happy  effect,  by 

33288  presenting  a  natural  boundary  between  the  whites  and  Indians; 

33289  and    willing,  moreover,  to  give  the  United  States  a  renewed 

33290  evidence  of  our  attachment  and  friendship,  do  hereby,  for  our- 

33291  selves  and  on  behalf  of  our  respective  tribes,  (having  full  power 

33292  and  authority  to  this  effect,)  forever  cede,  relinquish,  and^quit- 

33293  claim  to  the  United  States  all  our  right,  title,  and  interest  oi 

33294  whatsoever  nature  in  and  to  the  lauds  lying  between  the  State 
•295  of  Missouri  and  the  Missouri  Eiver,  and  do  freely  and  fully 
1296  exonerate  the  United  States  from  any  guarantee,  condition,  or 

297  limitation,  expressed  or  implied,  under  the  treaty  of  Prairie  du 
Chien  aforesaid,  or  otherwise,  as  to  the  entire  and  absolute  dis 
position  of  the  said  lands,  fully  authorizing  the  United  States 

300  to  do  with  the  same  whatever  shall  seem  expedient  or  neces- 

33301  sary. 

33302  Proclaimed  February  25,  1837- 


747 

33303  Articles  of  a  treaty  made  and  entered  into  at  the  treaty-ground  on 

33304  the  right  bank  of  the  Mississippi  River,  in  the  county  of  De 

33305  buque  and  Territory  of  Wisconsin,  opposite  Rock  Island,  on  the 

33306  twenty-eight  day  of  September,  one  thousand  eight  hundred  and 

33307  sixty-six,  between  Henry  Dodge,  commissioner  on  the  part  of 

33308  the  United  States,  of  the  one  part,  and  the  confederated  tribes  of 

33309  Sac  and  Fox  Indians,  represented  in  general  council  by  the  un- 

33310  der signed  chiefs,  head-men,  and  warriors  of  the  said  tribes,  of 

33311  the  other  part. 

33312  Whereas  by  the  second  article  of  the  treaty  made  between 

33313  the  United  States  and  the  confederated  tribes  of  Sac  and  Fox 

33314  Indians  on  the  twenty-first  day  of  September,  one  thousand  eight 

33315  hundred  and    thirty-two,  (proclaimed   February  13,  1833 ;  see 

33316  page    744,)  a  .reservation  of   four    hundred  sections  of  laud 

33317  was  made  to  the  Sac  and  Fox  Indians,  to  be  laid  off  under 

33318  the  direction  of  the  President  of  the  United  States  in  couform- 

33319  ity  to  the  provisions  of  said  article,  and  the  same  having  been 

33320  so   subsequently  laid  out  accordingly,  and  the   confederated 

33321  tribes  of  Sacs  and  Foxes  being  desirous  of  obtaining  additional 

33322  means  of  support,  and  to  pay  their  just  creditors,  have  entered 

33323  into  this  treaty,  and  make  the  following  cession  of  land : 

33324  ARTICLE  1.  The  confederated  tribes  of  Sacs  and  Foxes,  for 

33325  the  purpose  above  expressed,  and  for  and  in  consideration  of 

33326  the  stipulations  and  agreements  hereinafter  expressed,  do  hereby 

33327  cede  to  the  United  States  forever  the  said  reservation  of  four 

33328  hundred  sections  of  land  as  designated  in  the  second  article  of 

33329  the  treaty  made  between  the  United  States  and  the  confederated 

33330  tribes  of  Sacs  and  Foxes,  as  the  same  has  been  surveyed  and 

33331  laid  off  by  order  of  the  President  of  the  United  States. 

33332  ARTICLE  2.  In  consideration  of  the  cession  contained  in  the 

33333  preceding  article,  the  United  States  hereby  agree  as  follows,  to 

33334  wit :  To  pay  to  the  confederated  tribes  of  the  Sac  and  Fox  In- 

33335  diaus,  in  the  month  of  June,  one  thousand  eight  hundred  and 

33336  thirty-seven,  the  sum  of  thirty  thousand  dollars,  and  for  ten 

33337  successive  years  thereafter  the  sum  of  ten  thousand  dollars  each 

33338  year  in  specie,  to  be  paid  at  the  treaty-ground  opposite  Kock 

33339  Island,  or  such  other  place  as  may  be  designated  by  the  Pres 

33340  ident  of  the  United  States ;  to  pay  to  the  widow  and  children  of 

33341  Felix  St.  Urain,  deceased,  former  Indian  agent,  who  was  killed 

33342  by  the  Indians,  one  thousand  dollars;  and  also  to  pay  the  sum 

33343  of  forty-eight  thousand  four  hundred    and  fifty-eight  dollars 

33344  eighty-seven  and  a  half  cents,  to  enable  said  Indians  to  pay  such 

33345  debts  as  may  be  ascertained  by  their  superintendent  to  be  justly 

33346  due  from  them  to  individuals,  and  if  said  debts  so  ascertained 

33347  to  be  just   amount  to  more  than   said   sum,  then  the   same 


748 

33348  shall  be  divided  among  the  said  creditors  pro  rata  ;  and,  if  less, 

33349  then  the  overplus  to  be  paid  to  said  Indians  for  their  own  use. 

33350  ARTICLE  3.  The  United  States  further  agree  to  deliver  to 

33351  the  confederated  tribes  of  Sacs  and  Foxes  two  hundred  horses, 

33352  as  near  that  number  as  can  be  procured  with  the  sura  of  nine 

33353  thousand  three  hundred  and  forty-one  dollars,  to  be  delivered  at 

33354  the  payment  of  the  annuities  in  June,  one  thousand  eight  him 

33355  dred  and  thirty-seven. 

33356  ARTICLE  4.  At  the  special  request  of  the  Sac  and  Fox  In 

33357  diaus  aforesaid,  the  United  States  agree  to  make  the  following 

33358  provision  for  the  benefit  and  support  of  seven  half-breeds  of  the 
33350  Sac  and  Fox  Nation,  to  wit:  The  United  States  agree  to  pay  to 

33360  -  Waymau,  for  the  use  and  benefit  of  his  half-breed  child 

33361  by  a  Fox  woman  named  Ni-au-no,  one  thousand  dollars;  to 

33362  Wharton  R.  McPhearsou,  for  the  use  and  benefit  of  his  half- 

33363  breed  child  by  To-to-qua,  a  Fox  woman,  one  thousand  dollars;  to 

33364  James  Thorn,  for  the  use  and  benefit  of  his  half-breed  child  by 

33365  Ka-kee-o-sa-qua,  a  Fox  woman,  one  thousand  dollars ;  to  Joseph 

33366  Smart,  for  the  use  of  his  half-breed  child  by  Ka-ti-qua,  a  Fox 

33367  woman,  one  thousand  dollars ;  to  Nathan  Smith,  for  the  use  and 

33368  benefit  of  his  half-breed  child  by  Wa-na-sa,  a  Sac  woman,  one 

33369  thousand  dollars ;  and  to  Joseph  M.  Street,  Indian  agent,  two 

33370  thousand  dollars  for  the  use  and   benefit   of  two   half-breed 

33371  children — one  the  child  of  Niwa-ka-kee,  a  Fox  woman,  by  one 
.'53372  Mitchell ;  the  other  the  child  of  Ni-an-na  by  Amos  Farrar — the 

33373  two  thousand  dollars  to  be  put  at  interest,  and  so  much  of  said 

33374  interest  arising  therefrom  to  be  expended  for  the  benefit  of  the 

33375  children  as  said  agent  shall  deem  proper  and  necessary ;  and 

33376  when  each  shall  arrive  at  the  age  of  twenty  years,  the  said  agent 

33377  shall  pay  to  each  half-breed  one  thousand  dollars  and  any  bal- 

33378  auce  of  interest  remaining  in  his  hands  at  the  time. 

33379  ARTICLE  5.  At  the  special  request  of  the  said  confederated 

33380  tribes  of  Sac  and  Fox  Indians,  it  is  further  agreed  by  the  United 

33381  States  to  pay  to  Joseph  M.  Street,  their  agent,  two  hundred  dol- 

33382  Jars  for  the  use  and  benefit  of  Thompson  Couuoly  and  James 

33383  Connoly,  children  of  their  friend  John  Couuoly,  dec,cased,  to  be 

33384  by  said  agent  put  at  interest  and  expended  on  the  education  of 

33385  said  Thompson  and  James  Connoly,  children  of  said  John  Con- 

33386  noly,  deceased. 

33387  ARTICLE  6.  The  said  confederated  tribes  of  Sac  and  Fox 
;3388  Indians  hereby  stipulate  and  agree  to  remove  from  oft'  the  lands 

33389  herein  in  the  first  article  of  this  treaty  ceded  to  the  United 

33390  States,  by  the  first  of  November  next  ensuing  the  date  hereof, 

33391  and,  in  order  to  prevent  any  future"  misunderstanding,  it  is  ex 
pressly  agreed  and  understood  that  no  band  or  party  of  the  said 

33393  confederated  tribes  of  Sac  and  Fox  Indians  shall  plant,  fish,  or 


749 

33394  hunt  on  any  portion  of  the  country  herein  ceded  after  the  period 

33395  just  mentioned. 

33396  ARTICLE  6.  This  treaty  shall  be  obligatory  on  the  contract- 

33397  ing  parties  after  it  shall  be  ratified  by  the  President  and  Senate 

33398  of  the  United  States. 

33399  [The  loway  Indians  having  set  up  a  claim  to  a  part  of  the 

33400  lauds  ceded  by  this  treaty,  it  is  therefore  hereby  provided  that 

33401  the  President  of  the  United  States  shall  cause  the  validity  and 

33402  extent  of  said  claim  to  be  ascertained,  and  upon  a  relinquish- 

33403  inent  of  said  claim  to  the  United  States,  he  shall  cause  the 

33404  reasonable  and  fair  value  thereof  to  be  paid  to  said  loway  In- 

33405  dians,  and  the  same  amount  to  be  deducted  from  the  sum  stipu- 

33406  lated  to  be  paid  to  the  said  Sacs  and  Foxes.  | 

33407  Proclaimed  February  27,  1837. 

33408  Articles  of  a  treat)/  made  and  entered  into  at  the  treaty-ground  on 

33409  the  right  bank  of  the  Mississippi  River,  in  the  county  of  De- 

33410  buque  and  Territory  of  Wisconsin,  opposite  Rock  Island,  on  the 

33411  twenty-eighth  day  of  September,  one  thousand  eight  hundred 

33412  and  thirty-six,  between  Henry  Dodge,  commissioner  on  the  part 

33413  of  the  United  States,  of  the  one  part,  and  the  confederated  tribes 

33414  of  Sac  and  Fox  Indians,  represented  in  general  council  by  the 

33415  undersigned  chiefs,  head-men,  and  ivarriors  of  the  said  tribes,  of 

33416  the  other  part : 

33417  Whereas  by  the  second  article  of  the  treaty  made  between 

33418  the  United  States  and  the  confederate  tribes  of  the  Sac  and  Fox 

33419  Indians  on    the   twenty-first  day  of  September,  one  thousand 

33420  eight  hundred  and  thirty-two,  a  reservation  of  four  hundred 

33421  sections  of  land  was  made  to  the  Sac  and  Fox  Indians,  to  be 

33422  laid  off  under  the  directions  of  the  President  of  the  United 

33423  States  in  conformity  to  the  provisions  of  said  article,  and  the 

33424  same  having  been  so  subsequently  laid  out  accordingly,  and  the 

33425  confederated  tribes  of  Sacs  and  Foxes  being  desirous  of  obtaiu- 

33426  ing  additional  means  of  support,  and  to  pay  their  just  creditors, 

33427  have  entered  into  this  treaty,  and  make  the  following  cession  of 

33428  land. 

33429  ARTICLE  4.  The  confederated  tribes  of  Sacs  and  Foxes,  for 

33430  the  purposes  above  expressed,  and  for  and  in  consideration  of 

33431  the  stipulations  and  agreements  hereinafter  expressed,  do  here- 

33432  by  cede  to  the  United  States  forever  the  said  reservation  of  four 

33433  hundred  sections  of  land  as  designated  in  the  second  article  of 

33434  the  treaty  made  between  the  United  States  and  the  confederated 

33435  tribes  of  Sacs  and  Foxes,  (see  page  744,)  as  the  same  has  been 

33436  surveyed  and  laid  off  by  order  of  the  President  of  the  United 

33437  States. 


750 

33438  ARTICLE  2.  In  consideration  of  the  cession  contained  in  the 

33430  preceding  article,  the  United  States  hereby  agree  as  follows,  to 

33440  wit:  To  pay  to  the  confederated  tribes  of  the  Sac  and  Fox  In- 

33441  diaus,  in  the  month  of  June,  one  thousand  eight  hundred  and 

33442  thirty-seven,  the  sum  of  thirty  thousand  dollars,  and  for  ten 

33443  successive  years  thereafter  the  sum  of  ten  thousand  dollars,  each 

33444  year  in  specie,  to  be  paid  at  the  treaty-ground  opposite  Kock 

33445  Island;   to  pay  to  the  widdow  and  children  of    Felix  St.  Train, 
33440  deceased,  former  Indian  agent,  who  was  killed  by  the  Indians, 

33447  one  thousand  dollars;  to  pay  to  the  following-named  persons 

33448  the  sums  set  opposite  to  their  names  respectively,  being  tbe 
33440  one-half  of  the  amount  agreed  to  be  due  and  owing  by  the  con- 

33450  federated  tribes  of  Sacs  and  Foxes  to  their  creditors,  provided 

33451  said  creditors  will  wait  for  the  other  half  untill  the  same  can  be 

33452  paid  out  of  their  annuities,  for  which  purpose  the  Sacs  and 

33453  Foxes  will  set  apart  the  sum  of  five  thousand  dollars  each  year, 
,'53454  beginning  in  one  thousand  eight  hundred  and  thirty-eight,  out 
33455  of  their  annuities  to  be  paid  upon  said  debts,  in  the  proper  pro- 
33450  portion,  untill  the  whole  amount  is  discharged ;  to  wit :  To  John 

33457  Campbell,  ten  thousand  dollars;  to  Jeremiah  Smith,  six  hundred 

33458  and  forty  dollars;  to  Stephen  Dtibois,  three  hundred  and  five 
33450  dollars  and  twenty  cents ;  to  Nathaniel  Kuapp,  one  hundred  dol- 

33400  lars;  to  Wharton  K.  MePhearsou,  two  hundred  and  fifty  dollars ; 

33401  to  S.  S.  Phelps  &  Co.,  four  thousand  dollars ;  to  Jesse  W.  Shull, 

33402  five  hundred  dollars ;  to  James  Jordan,  one  hundred  and  fifty 

33403  dollars ;  to  John  11.  Campbell,  fifteen  dollars ;  to  Amos  Farrar,  one 
334G4  hundred  dollars;  to  the  owners  of  the  S.  boat  Warrior,  one  hun- 
33405  dred  and  sixty -two  dollars  and  seventy -five  cents ;  to  George 
33400  Davenport,  two  thousand  five  hundred  and  sixty-three  dollars 

33407  and  fifty  cents;  to  Madame  St.  Ament,  five  hundred  dollars;  to 

33408  Madame  Joseph  Guuville,  five  hundred  dollars ;  to  Madame  Le 
33400  Claire,  one  hundred  and  twenty-five  dollars;  to  Miss  Blondeau, 

33470  one  hundred  and  twenty-five  dollars;  to  Autoine  Le  Claire,  two 

33471  thousand  four  hundred  and  thirty-six  dollars  and  fifty  cents;  to 

33472  Francis  Labachiere,  one  thousand  one  hundred  and  sixty-seven 

33473  dollars  and  seventy-five  cents ;  to  Pratte  Chouteau  &  Co.,  twenty 

33474  thousand  three  hundred  and  sixty-two  dollars  and  forty-two  and 

33475  a  half  cents ;  to  Nathaniel  Patterson,  four  hundred  and  fifty-six 
33470  dollars.! 

33477  ARTICLE  3.  The  United  States  further  agree  to  deliver  to 

33478  the  confederated  tribes  of  Sacs  and  Foxes  two  hundred  horses, 
53470  as  near  that  number  as  can  be  procured  with  the  sum  of  nine 

33480  thousand  three  hundred  and  forty- one  dollars,  to  be  delivered 

33481  at  the  payment  of  the  annuities  in  June,  one  thousand  eight 

33482  hundred  and  thirty-seven. 

33483  ARTICLE  4.  At  the  special  request  of  the  Sac  and  Fox  In- 


751 

33484  dians  aforesaid,  the  United  States  agree  to  make  the  following 

33485  provisions  for  the  benefit  and  support  of  seven  half-breeds  of  the 

33486  Sac  and  Fox  Nation,  to  wit :  The  United  States  agree  to  pay  to 

33487  Way  man,  for  the  use  and  benefit  of  his  half  breed  child  by 

33488  a  Fox  woman  named  M-an-no,  one  thousand  dollars;  to  Whar- 

33489  tonR.  McPhersou,  for  the  use  and  benefit  of  his  half-breed  child 

33490  by  To-to-qua,  a  Fox  woman,  one  thousand  dollars ;  to  James 

33491  Thorn,  for  the  use  and  benefit  of  his  half-breed  child  by  Ka-kee- 

33492  o-sa-qua,  a  Fox  woman,  one  thousand  dollars;  to  Joseph  Smart, 

33493  for  the  use  of  his  half-breed  child  by  Ka-ti-qua,  a  Fox  woman, 

33494  one  thousand  dollars ;  to  Nathan  Smith,  for  the  use  and  benefit 

33495  of  his  half-breed  child  by  Wa-na-sa,  a  Sac  woman,  one  thousand 

33496  dollars,  and  to  Joseph  M.  Street,  Indian  agent,  two  thousand 

33497  dollars  for  the  use  and  benefit  of  two  half-breed  children — one  the 

33498  child  of  Niwa-ka-kee,  a  Fox  woman,  by  one  Mitchell;  the  other 

33499  the  child  of  Ni-an-na  by  Amos  Farrar — the  two  thousand  dollars 

33500  to  be  put  at  interest,  and  so  much  of  said  interest  arising  there- 

33501  from  to  be  expended  for  the  benefit  of  the  children  as  said 

33502  agent  shall  deem  proper  and  necessary,  and  when  each  shall 

33503  arrive  at  the  age  of  twenty  years  the  said  agent  shall  pay  to 

33504  each  half-breed  one  thousand  dollars  and  any  balance  of  interest 

33505  remaining  in  his  hands  at  the  time. 

33506  ARTICLE  6.  At  the  special  request  of  the  said  confederated 

33507  tribes  of  Sac  and  Fox  Indians  it  is  further  agreed  by  the  United 

33508  States  to  pay  to  Joseph  M.  Street,  their  agent,  two  hundred 

33509  dollars  for  the  use  and  benefit  of  Thompson  Connoly  and  James 

33510  Conuoly,  children  of  their  friend  John  Counoly,  deceased,  to  be 

33511  by  said  agent  put  at  interest  and  expended  on  the  education  of 

33512  said  Thompson  and  James  Connoly,  children  of  said  John  Con- 

33513  noly,  deceased. 

33514  ARTICLE  6.  The  said  confederated  tribes  of  Sac  and  Fox 

33515  Indians  hereby  stipulate  and  agree  to  remove  from  off  the  lands 

33516  herein  in  the  first  article  of  this  treaty  ceded  to  the  United  States, 

33517  by  the  first  day  of  November  next  ensuing  the  date  hereof;  and, 

33518  in  order  to  prevent  any  future  misunderstanding,  it  is  expressly 

33519  agreed  and  understood  that  no  band  or  party  of  the  said  con- 

33520  federated  tribes  of  Sac  and  Fox  Indians  shall  plant,  fish,  or 

33521  hunt  on  any  portion  of  the  country  herein  ceded  after  the  period 

33522  just  mentioned. 

33523  ARTICLE  6.  This  treaty  shall  be  obligatory  on  the  contract- 

33524  ing  parties  after  it  shall  be  ratified  by  the  President  and  Senate 

33525  of  the  United  States. 

33526  Proclaimed  December  13,  1837. 


752 

33527  Articles  of  a  treaty  made  at  the  city  of  Washington  between  Carey 

33528  A.  Harris,  Commissioner  of  Indian  Affairs,  thereto  author - 
33520  ized  by  the  President  of  the   United  States,  and  the  confed- 

33530  crated  tribes  of  Sacs  and  Foxes,  by  their  chiefs  and  delegates. 

33531  ARTICLE  1.  The  Sacs  and  Foxes  make  to  the  United  States 

33532  the  following'  cessions: 

33533  First.  Of  a  tract  of  country  containing  1,250,000  (one  million 

33534  two  hundred  and  fifty  thousand)  acre's  lying  west  and  adjoining 

33535  the  tract  conveyed  by  them  to  the  United  States  in  the  treaty 
3353G  of  September  21  st,  1832.     It  is  understood  that  the  points  of  (see 

33537  page  744)  termination   for    the  present  cession    shall   be  the 

33538  northern  and  southern  points  of  said  tract  as  fixed  by  the  survey 

33539  made  under  the  authority  of  the  United  States,  and  that  a  line 

33540  shall  be  drawn  between  them,  so  as  to  intersect  a  line  extended 

33541  westwardly  from  the  angle  of  said  tract  nearly  opposite  to  Bock 

33542  Island,  as  laid  down  in  the  above  survey,  so  far  as  may  be  neces- 

33543  sary  to  include  the  number  of  acres  hereby  ceded,  which  last. 

33544  mentioned  line,  it  is  estimated,  will  be  about  twenty-five  miles. 

33545  Second.  Of  all  right  or  interest  in  the  land  ceded  by  said 
3354G  confederated  tribes  on  the  15th  of  July,  1830,  which  might  be 

33547  claimed  by  them,  under  the  phraseology  of  the  first  article  of 

33548  said  treaty. 

33549  ARTICLE  2.  In  consideration  of  the  cessions  contained  in 

33550  the  preceding  article,  the  United  States  agree  to  the  following 

33551  stipulations  on  their  part : 

33552  First.  To  cause  the  land  ceded  to  be  surveyed  at  the  ex- 

33553  pense  of  the  United  States,  and  permanent  and  prominent  laiid- 

33554  marks  established  in  the  presence  of  a  deputation  of  the  chiefs 

33555  of  said  confederated  tribes. 

3355G  Second.  To  pay  the  debts  of  the  confederated  tribes  which 

33557  may  be  ascertained  to  be  justly  due,  and  which  may  be  admitted 

33558  by  the  Indians,  to  the  amount  of  one  hundred  thousand  dollars, 

33559  ($100,000 :)  Froridcd,  That  if  all  their  just  debts  amount  to  more 

33560  than  this  sum,  then  their  creditors  are  to  be  paid^'0  rata  upon 
33501  their  giving  receipts  in  full ;  and  if  said  debts  fall  short  of  said 
335G2  sum,  then  the  remainder  to  be  paid  to  the  Indians :  And  pro- 

13563  Tided  aho,  That  no  claim  for  depredations  shall  be  paid  out  of 

335G4  said  sum. 

Third.  To  deliver  to  them  goods  suited  to  their  wants,  at 

335GG  cost,  to  the  amount  of  twenty-eight  thousand  five  hundred  dol- 

335G7  Jars,  ($28,500.) 

Fourth.  To  expend  in  the  erection  of  two  grist-mills,  and 

33569  the  support  of  two  millers  for  five  years,  ten  thousand  dollars, 

33570  ($10,000.) 

33o71  Fifth.  To  expend  in  breaking  up  and  fencing  in  ground  on 


753 

335713  the  land  retained  by  said  confederate  tribes,  and  for  other  bene- 

33573  iicial  objects,  fourteen  thousand  dollars,  ($14,000.)* 

33574  Sixth.  To  supply  them  with  provisions  to  the  amount  of  five 

33575  thousand  dollars  ($5,000)  a  year  for  two  years.* 

33576  Seventh.  To  expend  in  procuring  the  services  of  the  neces- 

33577  sary  number  of  laborers,  and  for  other  objects  connected  with 

33578  aiding  them  in  agriculture,  tw*>  thousand  dollars  ($2,000)  a  year, 

33579  for  five  years. 

33580  Eighth.  For  the  purchase  of  horses  and  presents,  to  be  de- 

33581  livered  to  the  chiefs  and  delegates  on  their  arrival  at  St.  Louis, 

33582  four  thousand  five  hundred  dollars,  ($4,500,)  one  thousand  dol- 

33583  lars  ($1,000)  of  which  is  in  fall  satisfaction  of  any  claim  said 

33584  tribe  may  have  on  account  of  the  stipulation  for  blacksmiths  in 

33585  the  treaty  of  1832. 

33586  Ninth.  To  invest  the  sum  of  two  hundred  thousand  dollars 

33587  ($200,000)  in  safe  State  stocks,  and  to  guarantee  to  the  Indians 

33588  an  annual  income  of  not  less  than  five  per  cent.,  the  said  interest 
33580  to  be  paid  to  them  each  year  in  the  manner  annuities  are  paid, 

33590  at  such  time  and  place,  and  in  money  or  goods,  as  the  tribe  may 

33591  direct:    Provided,  That  it  maybe  competent  for  the  President 

33592  to  direct  that  a  portion  of  the  same  may,  with  the  consent  of  the 

33593  Indians,  be  applied  to  education  or  other  purposes  calculated 

33594  to  improve  them. 

33595  ARTICLE  3.  The  two  blacksmiths'  establishments  and  the 

33596  gunsmith's  establishment,  to  which  the  Sacs  and  Foxes  are  en- 

33597  titled  under  treaties  prior  to  this,  shall  be  removed  to  and  be 

33598  supported  in  the  country  retained  by  them,  and  all  other  stipu- 

33599  lations  in  former  treaties  inconsistent  with  this,  or  with  their 

33600  residence,  and  the  transaction  of  their  business  on  their  retained 

33601  land,  are  hereby  declared  void. 

33602  ARTICLE  4.  The  Sacs  and  Foxes  agree  to  remove  from  the 

33603  tract  ceded,  with  the  exception  of  Keokuck's  Tillage,  possession 

33604  of  which  may  be  retained  for  two  years,  within  eight  months 

33605  from  the  ratification  of  this  treaty. 

33606  ARTICLE  5.  The  expenses  of  this  negotiation  and  of  the 

33607  chiefs  and  delegates  signing  this  treaty  to  this  city  and  to  their 

33608  homes  to  be  paid  by  the  United  States. 

33609  ARTICLE  6.  This  treaty  to  be  binding  upon  the  contracting 

33610  parties  when  the  same  shall  be  ratified  by  the  United  States. 

33611  Proclaimed  February  21,  1838. 

95  I  T 


754 

33612  Articles  of  a- treaty  made  and  concluded  at  the  agency  of  the  /Sac 

33613  and  Fox  Indians  in  the  Territory  of  Iowa,  between  the  United 
33G14  States  of  America,  by  John  Chambers  their  commissioner,  there- 

33615  to  specially  authorized  ly  the  President,  and  the  confederated 

33616  tribes  of  Sac  and  Fox  Indians,  represented  by  their  chiefs,  licad- 
33G17            men,  and  braves. 

0 

33G18  ARTICLE  1.  The  confederated  tribes  ot  Sacs  and  Foxes  cede 

33G10  to  the  United  States,  forever,  all  the  lands  west  of  the  Missis- 

33G20  sippi  River  to  which  they  have  any  claim  or  title,  or  in  which 

33621  they  have  any  interest  whatever,  reserving  a  right  to  occupy 

33622  for  the  term  of  three  years  from  the  time  of  signing  this  treaty 
33G23  all  that  part  of  the  land  hereby  ceded  which  lies  west  of  a  line 
33624  running  due  north  and  south  from  the  painted  or  red  rocks  on 
33G25  the  White  Breast  Fork  of  the  Des  Moines  River,  which  rocks 
3362G  will  be  found  about  eight  miles,  when  reduced  to  a  straight 
33G27  line,  from  the  junction  of  the  White  Breast  with  the  Des  Moiiies. 

33628  ARTICLE  2.  In  consideration  of  the  cession  contained  in  the 

33629  preceding  article,  the  United  States   agree  to  pay  anually  to 

33630  the  Sacs  and  Foxes  an  interest  of  five  per  centum  upon  the  sum 

33631  of  eight  hundred  thousand  dollars,  and  to  pay  their  debts  men- 

33632  tioned  in  the  schedule  annexed  to  and  made  part  of  this  treaty, 

33633  amounting  to  the  sum  of  two  hundred  and  fifty-eight  thousand 

33634  five  hundred  and  sixty-six  dollars  and  thirty -four  cents ;  and  the 

33635  United  States  also  agree— 

33636  First.  That  the  President  will,  as  soon  after  this  treaty  is 

33637  ratified  on  their  part  as  may  be  convenient,  assign  a  tract  of 

33638  laud  suitable  and  convenient  for  Indian  purposes  to  the  Sacs 

33639  and  Foxes  for  a  permanent  and  perpetual  residence  for  them  and 

33640  their  descendants,  which  tract  of  land  shall  be  upon  the  Missouri 

33641  River  or  some  of  its  waters. 

33642  Second.  That  the  United  States  will  cause  the  blacksmiths' 

33643  and  gunsmiths'  tools,  with  the  stock  of  iron  and  steel  on  hand 

33644  at  the  present  agency  of  the  Sacs  and  Foxes,  to  be  removed,  MS 

33645  soon  after  their  removal  as  convenient,  to  some  suitable  point  at 

33646  or  near  their  residences  west  of  the  north  and  south  line  rnen- 

33647  tioned  in  the  first  article  of  this  treaty  5  and  will  establish  and 

33648  maintain  two  blacksmiths'  and  two  gunsmiths'  shops  convenient 

33649  to  their  agency,  and  will  employ  two  blacksmiths,  with  necessary 

33650  assistance,  and  two  gunsmiths  to  carry  on  the  said  shops  for  the 

33651  benefit  of  the  Sacs  and  Foxes;  one  blacksmith's  and  one  gun- 

33652  smith's  shop  to  be  employed  exclusively  for  the  Sacs,  and  one  of 

33653  each  to  be  employed  exclusively  for  the  Foxes ;  and  all  expenses 
33G54  attending  the  removal  of  the  tools,  iron  and  steel,  and  the  erec 

33655  tion  of  new  shops,  and  the  purchase  of  iron  and  steel,  and  the 

33656  support  and  maintenance  of  the  shops,  arid  wages  of  the  smiths 


755 

33057  and  their  assistants  are  to  be  paid  by  the  tribes,  except  such 

33058  portion  thereof  as  they  are  now  entitled  to  have  paid  by  the 
33659  United  States  under  the  4th  article  of  the  treaty  made  with 
33000  them  on  the   4th  of  August,  1824,    (proclaimed  January  18. 
33601  1825 ;  see  page  742,)  and  the  4th  article  of  the  treaty  of  the  21st 

33002  of  September,  1832,  (see  page  744.)    And  when  the  said  tribes 

33003  shall  remove  to  the  land  to  be  assigned  them  by  the  President  of 

33004  the  United  States  under  the  provisions  of  this  treaty,  the  smiths' 

33005  shops  above  stipulated  for  shall  be  re-established  and  maintained 
33000  at  their  new  residence,  upon  the  same  terms  and  conditions  as 

33007  are  above  provided  for  their  removal  and  establishment  west  of 

33008  the  north  and  south  line  mentioned  in  the  first  article  of  this 

33009  treaty. 

33070  Third.  That  the  President  of  the  United  States  will,  as  soon  as 

33071  convenient  after  the  ratification  of  this  treaty,  appoint  a  coin- 

33072  missioner  for  the  purpose,  and  cause  a  line  to  be  run  north  from 

33073  the  painted  or  red  rocks  on  the  White  Breast,  to  the  southern 

33074  boundary  of  the  neutral  ground,  and  south  from  the  said  rocks 

33075  to  the  northern  boundary  of  Missouri,  and  will  have  the  said 
33070  lines  so  marked  and  designated  that  the  Indians  and  white  peo- 

33077  pie  may  know  the  boundary  which  is  to  separate  their  posses- 

33078  sions. 

33079  ARTICLE  3.  The  Sacs  and  Foxes  agree  that  they  will  re- 

33080  move  to  the  west  side  of  the  line  running  north  and  south  from 

33081  the  painted  or  red  rocks  on  the  White  Breast  on  or  before  the 

33082  first  of  May  next,  and  that  so  soon  after  the  President  shall  have 

33083  assigned  them  a  residence  upon  the  waters  of  the  Missouri,  as 

33084  their  chiefs  shall  consent  to  do  so,  the  tribe  will  remove  to  the 

33085  land  so  assigned  them,  and  that  if  they  do  not  remove  before 
33080  the  expiration  of  the  term  of  three  years,  they  will  then  remove 

33087  at  their  own  expense  $  and  the  United  States  agree,  that  when- 

33088  ever  the  chiefs  shall  give  notice  to  the  Commissioner  of  Indian 

33089  Affairs  of  the  time  at  which  they  will  commence  their  removal 

33090  to  the  land  to  be  assigned  them  by  the  President,  a  quantity  of 

33091  provisions  sufficient  for  their  subsistence  while  removing  shall 

33092  be  furnished  them  at  their  agency,  and  an  additional  quantity, 

33093  not  exceeding  one  years  supply,  shall  be  delivered  to  them  upon 

33094  their  arrival  upon  the  lands  assigned  them,  the  cost  and  expenses 

33095  of  which  supplies  shall  be  retained  out  of  any  money  payable  to 
33090  them  by  the  United  States. 

33097  ARTICLE  4.  It  is  agreed  that  each  of  the  principal  chiefs  of 

33098  the  Sacs  and  Foxes  shall  hereafter  receive  the  sum  of  five  hun- 

33099  dred  dollars  annually  out  of  the  annuities  payable  to  the  tribe, 

33700  to  be  used  and  expended  by  them  for  such  purposes  as  they  may 

33701  think  proper,  with  the  approbation  of  their  agent. 

33702  ARTICLE  5.  It  is  further  agreed  that  there  shall  be  a  fund 


756 

a3703  amounting  to  thirty  thousand  dollars  retained  at  each  annual 

33704  payment  to  the  Sacs  and  Foxes  in  the  hands  of  the  agent  ap- 

33705  pointed  by  the  President  for  their  tribe,  to  be  expended  by  the 

33706  chiefs,  with  the  approbation  of  the  agent,  for  national  and  chari- 

33707  table  purposes  among  their  people,  such  as  the  support  of  their 

33708  poor,  burying  their  dead,  employing  physicians  for  the  sick, 
33700  procuring  provisions  for  their  people  in  cases  of  necessity,  and 

33710  such  other  purposes  of  general  utility  as  the  chiefs  may  think 

33711  proper  and  the  agent  approve.    And  if  at  any  payment  of  the 

33712  annuities  of  the  tribe  a  balance  of  the  fund  so  retained  from  the 

33713  preceding  year  shall  remain  unexpended,  only  so  much  shall  be 

33714  retained  in  addition  as  will  make  up  the  sum  of  thirty  thousand 

33715  dollars. 

3371G  ARTICLE  G.  It  is  further  agreed  that  the  Sacs  and  Foxes 

33717  may,  at  any  time,  with  the  consent  of  the  President  of  the  United 

33718  States,  direct  the  application  of  any  portion  of  the  annuities 
33710  payable  to  them,  under  this  or  any  former  treaty,  to  the  pur- 

33720  chase  of  goods  or  provisions,. or  to  agricultural  purposes,  or  any 

33721  other  object  tending  to  their  improvement  or  calculated  to  in- 

33722  crease  the  comfort  and  happiness  of  their  people. 

33723  ARTICLE  7.  The  United  States  agree  that  the  unexpended 

33724  balance  of  the  fund  created  by  the  seventh  paragraph  of  the 

33725  second  article  of  the  treaty  of  the  twenty-first   of  October, 

33726  1837,    (proclaimed    February   21,    1838;    see    page    753,)    for 

33727  agricultural  purposes,  or  so  much  thereof  as  may  be  necessary, 

33728  shall  be  used  and  employed  in  the  cultivation  of  the    pat- 

33729  tern  farm  near  the  present  Sac  and  Fox  agency,  in  the  year 

33730  1843,  for  the  exclusive  use  and  benefit  of  the  tribe.    And  they 

33731  further  agree  that  such  portion  of  the  fund  for  erecting  mills 

33732  and  supporting  millers,  specified  in  the  fourth  paragraph  of  the 

33733  second  article  of  the  aforesaid  treaty  of  October  21st,  1837,  as 

33734  may  be  and  remain  unexpended  on  the  1st  day  of  May  next, 

33735  shall  be  transferred  to  and  made  part  of  the  sum  designated  in 

33736  the  fifth  paragraph  (as  amended)  of  the  article  and  treaty  above 

33737  named,  for  breaking  up  laud,  and  other  beneficial  objects,  and 

33738  become  thereafter  applicable  to  the  same  purposes  as  were  in 

33739  the  said  fifth  paragraph  originally  intended. 

33740  ARTICLE  8.  The  Sacs  and  Foxes  have  caused  the  remains 

33741  of  their  late  distinguished  chief  Wa-pel-lo  to  be  buried  at  their 

33742  agency,  near  the  grave  of  their  late  friend  and  agent,  General 

33743  Joseph  M.  Street,  and  have  put  into  the  hands  of  their  agent 
53744  the  sum  of  one  hundred  dollars  to  procure  a  tombstone  to  be 
33745  erected  over  his  grave  similar  to  that  which  has  been  erected 

53746  over  the  grave  of  General  Street ;  and  because  they  wish  the 

53747  graves  of  their  friend  and  their  chief  to  remain  in  the  possession 
33748  of  the  family  of  General  Street,  to  whom  they  were  indebted  in 


757 

33749  his  life-time  for  many  acts  of  kindness,   they  wish  to  give  to  his 

33750  widow,  Mrs.  Eliza  M.  Street,  one  section  of  land,  to  include  the 

33751  said  graves  and  the  agency-house  and  enclosures  around  and 

33752  near  it;  and  as  the  agency -house  was  built  at  the  expense  of 

33753  the  United  States,  the  Sacs  and  Foxes  agree  to  pay  them  the 

33754  sum  of  one  thousand  dollars,  the  value  of  said  building,  assessed 

33755  by  gentlemen  appointed  by  them  and  Governor  Chambers,  coin- 
3375G  missioner  on  the  part  of  the  United  States,  to  be  deducted  from 

33757  the  first  annuity  payable  to  them  under  the  provisions  of  this 

33758  treaty.     And  the  United  States  agree  to  grant  to  the  said  Eliza 

33759  M.  Street,  by  one  or  more  patents,  six  hundred  and  forty  acres 
337GO  of  land  in  such  legal  subdivisions  as  will  include  the  said  burial- 

33761  ground,  the  agency-house  and  improvement  around  and  near 

33762  it  in  good  and  convenient  form,  to  be  selectM  by  the  said  E.  M. 

33763  Street  or  her  duly-authorized  agent. 

33764  ARTICLE  9.  It  is  finally  agreed  that  this  treaty  shall  be 

33765  binding  on  the  two  contracting  parties  so  soon  as  it  shall  have 

33766  been  ratified  by  the  President  and  Senate  of  the  United  States : 

33767  Provided  always.  That  should  the  Senate  disagree  to  and  reject, 

33768  alter,  or  amend  any  portion  or  stipulation  thereof,  the  same  must 

33769  be  again  submitted  to  the  Sacs  and  Foxes,  and  assented  to  by 

33770  them,  before  it  shall  be  considered  valid  and  obligatory  upon 

33771  them  j  and  if  they  disagree  to  such  alteration  or  amendment  the 

33772  treaty  shall  be  returned  to  the  Senate,  for  ratification  or  rejection , 

33773  in  the  form  in  which  it  was  signed. 

33774  Proclaimed  March  23,  1843. 


33775  Schedule  of  dells  due  from  the  confederated  tribes  of  the  Sac  and 

33776  Fox  Indians  to  be  paid  by  the  United  States  under  the  provis- 

33777  ions  of  a  treaty  made  and  concluded  at  the  Sac  and  Fox  agency, 

33778  in  the  Territory  of  loiva,  on  the  eleventh  day  of  October  in  the 

33779  year  1842  ;  to  ivhich  this  schedule  is  annexed  as  a  part  thereof '. 


33780  Nalnaofclaimtot ,  P,a,e  of  residen, 

33781  Pierre  Chouteau,  jr.  &  Co.,   St.  Louis,  Missouri, 

33782  licensed  traders $112,109  47 

33783  W.  G.  &  G-.  W.  Erving,  Indiana,  licensed  traders.  66, 371  S3 

33784  J.  P.  Eddy  &  Co.,  loway,  licensed  traders 52,  332  78 

33785  Thomas  Charlton,  Yan  Buren  C'ty,  loway . .  - 76  69 

33786  E.  B.  Willoughby,  Van  Buren  C'ty,  loway. 25  00 

33787  Francis  Withington,  Lincoln  County,  Missouri 4,  212  58 

33788  Jesse  B.  Webber,  Burlington,  loway 116  60 

33789  J.  C.  Ware,  Jefferson  County,  loway 50  00 

33790  W.  C.  Cameron,  assignee  of  A.  M.  Bissel,  (bank- 

33791  rupt,)  Burlington ^83  14 

33792  David  Bailey,  Lincoln  C'ty,  Missouri 75  00 


758 

Name  of  rhiiimmt  ;t ml  l>l;i<'c'  ol'  rfsiUi-iice.  Amount. 

Thomas  W.  Bradley,  loway . . . 

33794  Jolin  J.  Grimes,  Lincoln  C'ty,  Missouri 625  00 

33795  William  Settles,  Lincoln  C'ty,  Missouri 320  00 

33796  John  S.  David,  Burlington,  loway 

33797  F.  Hancock,  Van  Bnreu,  loway , . .  20  00 

33798  0.  G.  Pelton,  Burlington,  loway.  34  00 

33799  J.  Tolmau,  Yan  Buren,  loway 115  00 

33800  J.  L.  Burtiss,  Lee  County,  loway 715  00 

33801  Isaac  A.  Lefevre,  Yan  Buren,  loway . .  348  00 

33802  Jeremiah  Smith,  jr.,  Burlington,  loway 4,  000  00 

33803  William  &  Sampson  Smith,  Jefferson  County,  loway,  60  00 

33804  John  Koontz -  G  50 

33805  Robert  Moffet,  Xew  Lexington,  loway .  129  63 

33806  Autoiiie  Leclaire,  Davenport,  loway  .  1, 375  00 

33807  Margaret  Price,  Lee  County,  loway 9  00 

33808  Jesse  Button,  Yan  Buren,  loway     22  00 

33809  Jefferson  Jordon,  Yan  Buren,  loway 175  00 

33810  Jeremiah  Wayland,  St.  Francis ville,  Missouri 15  00 

33811  Robert  Brown,  assignee  of  Cutting  &  Gordon,  Van 

33812  Bureii  C'ty, loway 73  25 

33813  William  Rowland,  Yan  Buren  C'ty,  loway 460  32 

33814  Edward  Kilbourne,  Lee  County,  loway ......  10,  411  80 

33815  Perry  &  Best,  Lee  County 22  75 

33816  P.  Chouteau,  jr.,  &  Co.,  St.  Louis,  Missouri 26  00 

33817  Job  Carter,  Van  Buren  C'ty 28  00 

33818  Francis  Bosseron,  St.  Louis,  Mo 26  00 

33819  James  Jordon,  Yan  Buren,  loway 1,  775  00 

33820  Sampson  Smith,  loway 54  00 

33821  Louis  Laplant,  loway 122  00 

33822  William  Phelps,  Clark  County,  Missouri 310  00 

33823  William  B.  Street,  loway 300  00 

33824  Julia  Ann  Goodell,  loway 855  00 

33825  George  L.  Davenport,  Davenport,  loway 320  00 

33826  G.  C.  R.  Mitchell,  Davenport,  loway 100  00 

33827  David  Noggle,  Yan  Buren,  loway 20  00 

33828 

33829  Amount 258, 566  34 

33830  FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 

33831  to  all  and  singular  to  whom  these  presents  shall  come, 

33832  greeting : 

Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

33834  Washington  on  the  eighteenth  day  of  May,  one  thousand  eight 

33835  hundred  and  fifty-four,  by  George  W.  Manypenny,  commissioner 

33836  on  the  part  of  the  United  States,  and  the  following-named  dele- 

33837  gates  of  the  Sacs  and  Foxes  of  Missouri,  viz  :    Pe-to-o-ke-mah, 


759 

33838  or  Hard  Fish  5  Mo-less  or  Wah-pe-uein-mah,  or  Sturgeon;  Ne- 

33830  son-quoit,  or  Bear;  Mo-ko-ho-ko,  or  Jumping  Fish  ;  and  No-ko- 

33840  what,  or  Fox ;  they  being  thereto  duly  authorized  by  the  said 

33841  Sac  and  Fox  Indians,  which  treaty  is  in  the  words  following, 

33842  to  wit: 

33843  Articles  of  agreement  and  convention  made  and  concluded  at  the 

33844  city  of  Washington  this  eighteenth  day  of  May,  one  thou- 

33845  sand  eight  hundred  and  fifty-four,  by  George  W.  Mauy- 

33846  penny,  commissioner  on  the  part  of  the  United  States,  and 

33847  the  following-named  delegates  of   the  Sacs  and  Foxes  of 

33848  Missouri,  viz :   Pe-to-o-ke-mah,  or  Hard  Fish ;  Mo-less  or 

33849  Wah-pe-nein-mah,  or  Sturgeon  ;  Ne-son-quoit,  or  Bear;  Mo- 

33850  ko-ho-ko,   or  Jumping  Fish;    and    No-ko  what,    or   Fox; 

33851  they  being  thereto  duly  authorized  by  the  said  Sac  and  Fox 

33852  Indians. 

33853  ARTICLE  1.  The  Sacs  and  Foxes  of  Missouri  hereby  cede, 

33854  relinquish,  and  convey  to  the  United  States  all  their  right,  title, 

33855  and  interest  in  and  to  the  country  assigned  to  them  by  the  treaty 

33856  concluded  on  the  seventeenth  day  of  September,  one  thousand 

33857  eight  hundred  and  thirty-six,  (proclaimed  February  15,  1837; 

33858  see  page  407,)  between  William  Clark,  superintendent  of  In- 

33859  dian    affairs,   on  the    part  of  the    United    States,    and   the 
338GO  loways   and  Missouri  Sacs  and  Foxes,   being  the  lower  half 
338G1  of  the  country  described  in  the  second  article  thereof  as  "  the 
338G2  small  strip  of  laud  on  the  south  side  of  the  Missouri  Eiver, 
338G3  lying  between  the  Kickapoo  northern  boundary-line  and  the 
338G4  Grand  Xemahaw  Eiver,  and  extending  from  the  Missouri  back 
338G5  and  westwardly  with  the  said  Kickapoo  line  and  the  Grand 
338G6  Xemahaw,  making  four  hundred  sections;  to  be  divided  between 
338G7  the  said  loways  and  Missouri  band  of  Sacs  and  Foxes ;  the  lower 

33868  half  to  the  Sacs  and  Foxes,  the  upper  half  to  the  loways,"  saving 

33869  and  reserving  fifty  sections,  of  six  hundred  and  forty  acres 

33870  each,  which  shall  be  selected  in  the  western  part  of  the  cession 

33871  by  the  delegates  parties  hereto,  and  the  agent  for  the  tribe,  after 

33872  their  return  home,  and  which  shall  be  located  in  one  body  and 

33873  set  off  by  metes  and  bounds :  Provided,  That  the  delegates  and 

33874  agent  can  find  such  an  amount  of  laud  in  one  body  within  said 

33875  specified  section  of  country  suitable  to  the  wants  and  wishes  of 

33876  the  Indians:   And  it  is  further  provided.  That  should  a  suitable 

33877  location,  upon  examination,  to  the  full  extent  of  fifty  sections 

33878  not  be  found  within  said  western  part  of  this  cession,  then  the 

33879  said  delegates  and  agent  shall  be  permitted  to  extend  the  loca- 

33880  tion  west  or  northwest  of  the  country  herein  ceded  and  south  of 
.53881  the  Great  Neinahaw  Eiver,  over  so  much  of  the  public  domain, 

33882  otherwise  unappropriated,  as  shall  make  up  the  deficiency ;  or 

33883  to  make  a  selection  entirely  beyond  the  limits  of  the  country 


760 

33884  herein  ceded  upon  any  lands  of  the  United  States,  not  otherwise 

33885  appropriated,  lying  as  aforesaid  west  or  northwest  of  the  ceded 

33886  country  and  south  of  the  Great  Nemahaw.    And  in  either  case 

33887  they  shall  describe  their  selection,  which  must  be  made  within 

33888  six  mouths  from  the  date  hereof,  by  metes  and  bounds,  and 

33889  transmit  the  description  thereof,  signed  by  said  delegates  and 

33890  agent,  to  the  Commissioner  of  Indian  Affairs ;  and  thereupon 

33891  the  selection  so  made  shall  be  taken  and  deemed  as  the  future 

33892  permanent  home  of  the  Sacs  and  Foxes  of  Missouri.     It  is  ex- 

33893  pressly  understood  that  these  Indians  shall  claim  under  this 
33891  article  no  more  than  fifty  sections  of  land,  and  if  that  quantity, 

33895  or  any  portion  thereof,  shall  be  selected,  as  provided  above, 

33896  outside  of  the  reservation  herein  made,  then  said  reservation  or 

33897  a  quantity  equal  to  that  which  may  be  selected  outside  thereof? 

33898  shall  be,  and  the  same  is  hereby,  ceded,  relinquished,  and  con- 

33899  veyed  to  the  United  States. 

33900  ARTICLE  2.  In  consideration  of  the  cession  and  relinquish- 

33901  meut  made  in  the  preceding  article,  the  United  States  agree  to 

33902  pay  to  the  Sacs  and  Foxes  of  Missouri  the  sum  of  forty-eight 

33903  thousand  dollars,  in  manner  following,  viz  :  Fifteen  thousand  dol- 
33901  lars  in  the  mouth  of  October  in  each  of  the  years  one  thousand 

33905  eight  hundred  and  fifty-four  and  one  thousand  eight  hundred 

33906  and  fifty-five  5  ten  thousand  dollars  in  the  same  month  of  the 

33907  year  one  thousand  eight  hundred  and  fifty-six,  and  eight  thou- 

33908  sand  dollars  in  the  same  month  of  the  year  one  thousand  eight 

33909  hundred  and  fifty-seven  ;  which  several  sums  shall  be  paid  di- 

33910  rectly  to  the  Indians,  or  otherwise,  as  the  President  may  deem 

33911  advisable,  for  building  houses,  breaking  and  fencing  lands,  pur- 

33912  chasing  stock,  farming-implements,  seeds,  and  such  other  arti- 

33913  cles  as  may  be  necessary  for  their  comfort  and  prosperity. 
33911  ARTICLE  3.  The  President  may  cause  to  be  surveyed,  in  the 

33915  same  manner  in  which  the  public  lands  are  surveyed,  the  re- 

33916  servation  herein  provided  for  the  Sacs  and  Foxes  of  Missouri, 

33917  and  may  assign  to  each  person  or  family  desiring  it  such  quan- 

33918  tity  of  land  as,  in  his  opinion,  will  be  sufficient  for  such  per- 

33919  son  or  family,  with  the  understanding  that  he  or  they  will 

33920  occupy,  improve,  and  cultivate  the  same,  and  comply  with  such 

33921  other  conditions  as  the  President  may  prescribe.     The  land  thus 
assigned  may  hereafter  be  confirmed  by  patent  to  the  parties,  or 

33923  their  representatives,  under  such  regulations  and  restrictions  as 

33924  Congress  may  prescribe. 

ARTICLE  4.  The  said  Indians  reserve  a  tract  of  one  section 

33926  of  laud  at  the  site  of  their  present  farm  and  mill,  and  to  include 

»3927  the  same  ;  and,  if  they  desire  it,  said  farm  may  be  cultivated  for 

33925  them  for  a  term  not  exceeding  two  years,  at  the  end  of  which 
33929  time,  or  sooner,  if  the  Indians  request  it,  the  said  tract  and  mill 


761 

33930  may  be  sold  by  tbe  President  to  tbe  highest  bidder,  and,  upon 

33931  payment  being  made,  a  patent  to  issue  to  tbe  purchaser;  tbe  pro- 

33932  ceeds  of  tbe  sale  to  be  paid  over  to  tbe  Indians  with  their  other 

33933  moneys. 

33934  ARTICLE  5.  At  tbe  request  of  tbe  Indians,  it  is  hereby 

33935  agreed  that  the  Board  of  Foreign  Missions  of  the  Presbyterian 

33936  Church  shall  have  a  tract  of  one  hundred  and  sixty  acres  of 

33937  land,  to  be  selected  by  said  board,  at  a  distance  not  exceeding 

33938  two  miles  in  a  westerly  direction  from  tbe  grant  made  to  said 

33939  board  at  their  mission  by  the  loway  Indians  ;  and  the  President 

33940  is  authorized  to  issue  a  patent  for  tbe  same  to  such  person  or 

33941  persons  as  said  board  may  designate. 

33942  ARTICLE  6.  Tbe  said  Indians  release  the  United  States  from 

33943  all  claims  or  demands  of  any  kind  whatsoever  arising,  or  which 

33944  may  hereafter  arise,  under  former  treaties,  and  agree  to  remove 

33945  within  six  mouths  after  the  ratification  of  this  treaty,  and  to 

33946  subsist  themselves,  without  cost  to  the  United  States.     In  con- 

33947  sideration  of  which  release  and  agreement,  tbe  United  States 

33948  agree  to  pay  them  the  sum  of  five  thousand  dollars,  three  thou- 

33949  sand  of  which  may  be  applied  to  tbe  settlement  of  their  affairs 

33950  preparatory  to  removal. 

33951  ARTICLE  7.  The  invested  fund  provided  by  tbe  second  clause 

33952  of  tbe  second  article  of  tbe  treaty  of  twenty-first  day  of  October, 

33953  one  thousand  eight  hundred  and  thirty-seven,  (being  one  hundred 

33954  and  fifty-seven  thousand  four  hundred  dollars,)  shall  remain  with 

33955  the  United  States  at  an  annual  interest  of  five  per  cent.,  which 

33956  interest,  as  it  accumulates,  shall  be  expended  under  the  direction 

33957  of  the  President,  in  such  manner  as  he  may  deem  best  for  the  in* 

33958  terests  of  the  Indians,  and  a  like  disposition  may  be  made  of  any 

33959  unexpended  balance  of  interest  now  on   hand.     (N.  B. — The 

33960  clause  referred  to  is  probably  tbe  ninth,  and  not  the  second. 

33961  See  page  753.) 

33962  ARTICLE  8.  No  part  of  the  moneys  hereby  stipulated  to  be 

33963  paid  to  the  Indians  or  for  their  benefit,  or  of  their  invested  fund, 

33964  shall  be  applied  to  the  payment  of  debts  contracted  by  tbem  in 

33965  their  private  dealings  as  individuals,  whether  with  traders  or 

33966  otherwise. 

33967  ARTICLE  9.  It  is  agreed  by  said  Indians  that  all  roads  and 

33968  highways  laid  out  by  authority  of  law,  shall  have  right  of  way 

33969  through  their  reservation  on  tbe  same  terms  as  are  provided  by 

33970  law  when  roads  and  highways  are  made  through  lauds  of  citi- 

33971  zens  of  the  United  States ;  and  railroad  companies,  when  the 

33972  lines  of  their  roads  necessarily  pass  through  the  lauds  of  these 

33973  Indians,  shall  have  right  of  way  on  the  payment  of  a  just  coin- 

33974  pensation  therefor  in  money. 

33975  ARTICLE  10.  Tbe  said  Indians  promise  to  use  their  best 

96  I  T 


762 

,3,3970  efforts  to  prevent  the  introduction  and  use  of  ardent  spirits  in 

33977  their  country;  to  encourage  industry,  thrift,  and  morality;  and 

33978  by  every  possible  means  to  promote  their  advancement  in  civil- 

33979  izatioD.    They  desire  to  be  at  peace  with  all  men,  and  therefore 

33980  bind  themselves  to  commit  no  depredation  or  wrong  upon  either 

33981  Indians  or  citizens,  and  whenever  difficulties  arise,  to  abide  by 

33982  the  laws  of  the  United  States  in  such  cases  made  and  provided, 

33983  as  they  expect  to  be  protected  and  to  have  their  own  rights  vindi- 

33984  cated  by  them. 

33985  ARTICLE  11.  The  object  of  these  articles  of  agreement  and 
3398G    convention  being  to  advance  the  true  interests  of  the  Sac  and  Fox 

33987  Indians,  it  is  agreed,  should  they  prove  insufficient,  from  causes 

33988  which   cannot  now   be  foreseen,  to  effect  these  ends,  that  the 

33989  President  may,  by  and  with  the  advice  and  consent  of  the  Sen- 

33990  ate,  adopt  such  policy  in  the  management  of  their  affairs  as  in 

33991  his  judgment  may  be  most  beneficial  to  them  ;  or  Congress  may 

33992  hereafter  make  such  provisions  by  law  as  experience  shall  prove 

33993  to  be  necessary. 

33994  ARTICLE  12.  This  instrument  shall  be  obligatory  on  the  con- 

33995  tractiug  parties  whenever  the  same  shall  be  ratified  by  the  Pres- 
33990    ident  and  the  Senate  of  the  United  States. 

33997  Proclaimed  July  17, 1854. 

33998  Treaty  between  the   United  States  and  the  confederated  tribes  of 

33999  Sacs  and  Foxes  of  the  Mississiiyn  ;  made  October  1,  1859 ; 

34000  ratified  July  9,  1800. 

34001  By  the  President  of  the  United  States  of  America  : 

31002  A  PROCLAMATION. 

34003  To  all  and  singular  to  idiom  these  presents  shall  come,  greeting  : 

34004  Whereas  a  treaty  was  made  and  concluded  at  the  Sac  and 

34005  Fox  agency,  in  the  Territory  of  Kansas,  on  the  first  day  of 
34000    October,  one  thousand  eight  hundred  and  fifty-nine,  by   and 

34007  between  Alfred  B.  Greenwood,  commissioner  on  the  part  of  the 

34008  United  States,  and  certain  chiefs  and  head-men  hereinafter 

34009  named,  representing  the  confederated  tribes  of  Sacs  and  Foxes 

34010  of  the  Mississippi,  which  treaty  is  in  the  following  words,  to 

34011  wit: 

Articles  of  agreement  and  convention  made  and  concluded  at 
the  Sac  and  Fox  agency,  in  the  Territory  of  Kansas,  on 
the  first  day  of  October,  in  the  year  of  our  Lord  one  thou 
sand  eight  hundred  and  fifty-nine,  by  and  between  Alfred 
B.  Greenwood,  commissioner  on  the  part  of  the  United 
States,  and  the  following-named  chiefs  and  delegates,  rep- 


763 

34018  resenting  the  confederated  tribes  of  Sacs  and  Foxes  of  the 

34019  Mississippi,  viz:   Ke-o-kuk,   Mack-a-sah-pee,   Sha-bah-caw- 

34020  kali,  Mat-tah-tali,  My-ah-pit,  Kaw-ah-kee,  Kah-sha-moh^inee, 

34021  Maw-mee-won-e-kah,  and  Ohe-ko-sknk,  they  being  thereto 

34022  duly  authorized  by  said  confederated  tribes. 

34023  ARTICLE  1.  The  Sacs  and  Foxes  of  the  Mississippi  having 

34024  now  more  lauds  than  are  necessary  for  their  occupancy  and  use, 

34025  and  being  desirous  of  promoting  settled  habits  of  industry  and 

34026  enterprise  amongst  themselves  by  abolishing  the  tenure  in  com- 

34027  mon  by  which  they  now  hold  their  lands,  and  by  assigning 

34028  limited  quantities  thereof,  in  severally,  to  the  individual  mem- 

34029  bers  of  the  tribe,  to  be  cultivated  and  improved  for  their  indi- 

34030  virtual  use  and  benefit,  it  is  hereby  agreed  and  stipulated  that 

34031  the  portion  of  their  present  reservation  contained  within  the 

34032  following  boundaries,  that  is  to  say :  beginning  at  a  point  on 

34033  the  northern  boundary-line  of  their  reservation,  six  miles  west 

34034  of  the  northeastern  corner  of  the  same;  running  thence  due 

34035  south  to  the  southern  boundary   of   the  same,  twenty  miles; 

34036  thence  west,  and  along  said  southern  boundary,  twelve  miles ; 

34037  thence  due  north,  to  the  northern  boundary  of  said  reservation, 

34038  twenty  miles ;  and  thence  east,  along  said  boundary-line,  twelve 

34039  miles,  to  the  place  of  beginning — estimated  to  contain  about 

34040  one  hundred  and  fifty-three  thousand  and  six  hundred  acres— 

34041  shall  be  set  apart  and  retained  by  them  for  the  purposes  afore- 

34042  said. 

34043  ARTICLE  2.  Out  of  the  lands  so  set  apart  and  retained  there 

34044  shall  be  assigned  to  each  member  of  said  confederated  tribe, 

34045  without  distinction  of  age  or  sex,  a  tract  of  eighty  acres,  to  in- 

34046  elude  in  every  case,  as  far  as  practicable,  a  reasonable  portion 

34047  of  timber.     One  hundred  and  sixty  acres  of  said  retained  lauds 

34048  shall  also  be  set  apart  and  appropriated  to  the  use  and  occu- 

34049  pancy  of  the  agent  for  the  time  being  of  said  confederated  tribe; 

34050  and  one  hundred  and  sixty  acres  shall  also  be  reserved  for  the 

34051  establishment  and  support  of  a  school  for  the  education  of  the 

34052  youth  of  the  tribe.     The  location  of  the  tracts,  the  assignment 

34053  of  which  is  provided  for  in  this  article,  shall  be  made  in  as  reg- 

34054  ular  and  compact  a  manner  as  possible,  and  so  as  to  admit  of  a 

34055  distinct  and  well-defined  exterior  boundary,  embracing  the  whole 

34056  of  them  and  any  intermediate  portions  or  parcels  of  land  or 

34057  water  not  included  in  or  made  part  of  the  tracts  assigned  in  sev> 

34058  eralty.     All  such  intermediate  parcels  of  land  and  water  shall 

34059  be  owned  by  the  Sacs  and  Foxes  of  the  Mississippi  in  common  ; 

34060  but,  in  case  of  increase  in  the  tribe,  or  other  cause,  rendering  it 

34061  necessary  or  expedient,  the  said  intermediate  parcels  of  land 

34062  shall  be  subject  to  distribution  and  assignment  in  such  manner 

34063  as  the  Secretary  of  the  Interior  may  prescribe  and  direct.     The 


764 

34064  whole  of  the  lauds,  assigned  or  uuassigned,  embraced  within 

34065  said  exterior  boundary,  shall  constitute  and  be  known  as  the 

34066  reservation  of  the  Sacs  and  Foxes  of  the  Mississippi ;  and  all 

34067  laws  which  have  been,  or  may  be,  passed  by  the  Congress  of 

34068  the  United  States  regulating  trade  and  intercourse  with  Indian 

34069  tribes  shall  have  full  force  and  effect  over  the  same,  and  no  white 

34070  person,  except  such  as  shall  be  in  the  employment  of  the  United 

34071  States,  shall  be  allowed  to  reside  or  go  upon  any  portion  of  said 

34072  reservation,  without  the  written  permission  of  the  superintendent 

34073  of  the  central  supermteudency,  or  of  the  agent  of  the  tribe. 

34074  ARTICLE  3.   The    division  and    assignment    in  severalty 

34075  among  the  Sacs  and  Foxes  of  the  Mississippi   of   the  land 

34076  hereinbefore  reserved  for  that  purpose  shall  be   made  under 

34077  the  direction  of  the  Secretary  of  the  Interior,  and  his   decis- 

34078  ion  of  all  questions  arising  thereupon  shall  be  final  and  con- 

34079  elusive.    Certificates  shall  be  issued  by  the  Commissioner  of 

34080  Indian  Affairs  for  the  tracts  assigned  in  severalty,  specifying 

34081  the  names  of  the  individuals   to  whom  they  have   been  as- 

34082  signed,  respectively,  and  that  the  said  tracts  are  set  apart  for 

34083  the  exclusive  use  and  benefit  of  the  assignees  and  their  heirs. 

34084  And  said  tracts  shall  not  be  alienated  in  fee,  leased,  or  other- 

34085  wise  disposed  of,  except  to  the  United  States,  or  to  members  of 

34086  the  Sac  and  Fox  tribe,  and  under  such  rules  and  regulations  as 

34087  may  be  prescribed  by  the  Secretary  of  the  Interior.    And  said 

34088  tracts  shall  be  exempt  from  taxation,  levy,  sale,  or  forfeiture, 

34089  until  otherwise  provided  by  Congress.     Prior  to  the  issue  of  the 

34090  certificates  aforesaid,  the  Secretary  of  the  Interior  shall  make 

34091  such  rules  and  regulations  as  he  may  deem  necessary  or  expedi- 

31092  ent  respecting  the  disposition  of  any  of  said  tracts,  in  case  of 

31093  the  death  of  the  person  or  persons  to  whom  they  may  be  as- 

31094  signed,  so  that  the  same  shall  be  secured  to  the  families  of  such 

34095  deceased  persons  ;  and  should  any  of  the  Indians  to  whom  tracts 

34096  shall  be  assigned  abandon  them,  the  said  Secretary  may  take 

34097  such  action  in  relation  to  the  proper  disposition  thereof  as,  in 

34098  his  judgment,  may  be  necessary  and  proper. 

34099  ARTICLE  4.  For  the  purpose  of  establishing  the  Sacs  and 

34100  Foxes  of  the  Mississippi  comfortably  upon  the  lands  to  be  as- 

34101  signed  to  them  in  severalty,  by  building  them  nouses,  and  by 

34102  furnishing  them  with  agricultural  implements,  stock-animals, 

34103  and  other  necessary  aid  and  facilities  for  commencing  agricul- 

34104  tural  pursuits   under  favorable  circumstances,  the  lands  em- 

34105  braced  in  that  portion  of  their  present  reservation,  not  stipu- 

34106  lated  to  be  retained  and  divided  as  aforesaid,  shall  be  sold  under 
31107  the  direction  of  the  Secretary  of  the  Interior,  in  parcels  not  ex- 

34108  ceeding  one  hundred  and  sixty  acres  each,  to  the  highest  bidder, 

34109  for  cash ;  the  sale  to  be  made  upon  sealed  proposals,  to  be  duly 


765 

34110  invited  by  public  advertisement,  and  the  proceeds  thereof  to  be 

34111  expended,  for  the  purposes  hereinbefore  recited,  in  such  manner 

34112  as  the  Secretary  of  the  Interior  may  think  proper.    And  should 

34113  any  of  the  tracts  so  to  be  sold  have  upon  them  improvements 

34114  of  any  kind  which  were  made  by  or  for  the  Indians,  or  for  Gov- 

34115  ernment  purposes,  the  proposals  therefor  must  state  the  price 

34116  for  both  the  land  and  the  improvements.     And  if,  after  assign- 

34117  ing  to  all  the  members  of  the  tribe  entitled  thereto  their  propor- 

34118  tion  of  land  in  severalty,  there  shall  remain  a  surplus  of  that 

34119  portion  of  the  reservation  retained  for  that  purpose,  outside  of 

34120  the  exterior  boundaries  of  the  lauds  assigned  in  severalty,  the 

34121  Secretary  of  the  Interior  shall  be  authorized  and  empowered, 

34122  whenever  he  shall  think  proper,  to  cause  such  surplus  to  be  sold 

34123  in  the  same  manner  as  the  other  lands  to  be  so  disposed  of,  and 

34124  to  apply  the  proceeds  of  such  sale  to  the  purposes  and  in  the 

34125  mode  hereinbefore  provided  with  respect  to  that  portion  of  their 

34126  present  reservation  not  retained  for  distribution. 

34127  ARTICLE  5.  The  Sacs  and  Foxes  of  the  Mississippi  being 

34128  anxious  to  relieve  themselves  from  the  burden  of  their  present 

34129  liabilities,  and  it  being  essential  to  their  best  interests  that  they 

34130  should  be  allowed  to  commence  their  new  mode  of  life  free  from 

34131  the  embarrassments  of  debt,  it  is  stipulated  and  agreed  that 

34132  debts  which  may  be  due  and  owing  at  the  date  of  the  signing 

34133  and  execution  hereof,  either  by  the  said  confederated  tribes  of 

34134  Sacs  and  Foxes,  or  by  individual  members  thereof,  shall  be 

34135  liquidated  and  paid  out  of  the  fund  arising  from  the  sale  of  their 

34136  surplus  lands,  so  far  as  the  same  shall  be  found  to  be  just  and 

34137  valid  on  an  examination  thereof,  to  be  made  by  their  agent  and 

34138  the  superintendent  of  Indian  affairs  for  the  central  superintend- 

34139  ency,  subject  to  revision  and  correction  by  the  Secretary  of  the 

34140  Interior. 

34141  ARTICLE  6.  Should  the  proceeds  of  the  surplus  lands  afore- 

34142  said  prove  insufficient  to  carry  out  the  purposes  and  stipula- 

34143  tions  of  this  agreement,  and  further  aid  be,  from  time  to  time, 

34144  requisite  to  enable  the  Sacs  and  Foxes  of  the  Mississippi  to  sustain 

34145  themselves  successfully  in  agricultural  or  other  industrial  pur- 

34146  suits,  such  additional  means  as  may  be  necessary  therefor  shall  be 

34147  taken  from  the  moneys  due  and  belonging  to  them  under  the 

34148  provisions  of  former  treaties;   and  so  much  of  said  moneys  as 

34149  may  be  required  to  furnish  them  further  aid,  as  aforesaid,  shall 

34150  be  applied  in  such  manner,  under  the  direction  of  the  Secretary 

34151  of  the  Interior,  as  he  shall  consider  best  calculated  to  improve 

34152  and  promote  their  welfare.    And,  in  order  to  render  unnecessary 

34153  any  further  treaty  engagements  or  arrangements  hereafter  with 

34154  the  United  States,  it  is  hereby  agreed  and  stipulated  that  the 

34155  President,  with  the  assent  of  Congress,  shall  have  full  power  to 


766 

34156  modify  or  change  any  of  the  provisions  of  former  treaties  with 

34157  the  Sacs  and  Foxes  of  the  Mississippi  in  such  manner  and  to 

34158  whatever  extent  he  may  judge  to  be  necessary  and  expedient 

34159  for  their  welfare  and  best  interest. 

34160  ARTICLE  7.  The  Sacs  and  Foxes  of  the  Mississippi,  parties  to 

34161  this  agreement,  are  anxious  that  all  the  members  of  their  tribe 

34162  shall  participate  in  the  advantages  herein  provided  for  respecting 

34163  their  improvement  and  civilization,  and  to  that  end  to  induce  all 

34164  that  are  now  separated  to  rejoin  and  reunite  with  them.    It  is 

34165  therefore  agreed  that,  as  soon  as  practicable,  the  Commissioner 

34166  of  Indian  Affairs  shall  cause  the  necessary  proceedings  to  be 

34167  adopted  to  have  them  notified  of  this  agreement  and  its  advan- 

34168  tages,  and  to  induce  them  to  come  in  and  unite  with  their  breth- 

34169  ren  j  and  to  enable  them  to  do  so,  and  to  sustain  themselves  for 

34170  a  reasonable  time  thereafter,  such  assistance  shall  be  provided 

34171  for  them  at  the  expense  of  the  tribe  as  may  be  actually  necessary 

34172  for  that  purpose:  Provided,  hoieever,  That  those  who  do  not 

34173  rejoin  and  permanently  re-unite  themselves  with  the  tribe  within 

34174  one  year  from  the  date  of  the  ratification  of  this  treaty  shall 

34175  not  be  entitled  to  the  benefit  of  any  of  its  stipulations. 

34176  ARTICLE  8.  All  the  expenses  connected  with  and  incident 

34177  to  the  making  of  this  agreement,  and  the  carrying  out  of  its 

34178  provisions,  shall  be  defrayed  out  of  the  funds  of  the  Sacs  and 

34179  Foxes  of  the  Mississippi. 

34180  ARTICLE  9.  It  is  agreed  that  all  roads  and  highways  laid 

34181  out  by  authority  of  law  shall  have  right  of  way  through  the 

34182  lauds  within  the  reservation  hereinbefore  specified,  on  the  same 

34183  terms  as  are  provided  by  law  when  roads  and  highways  are  made 

34184  through  lands  of  citizens  of  the  United  States ;  and  railroad 

34185  companies,  when  the  lines  pass  through  the  lands  of  said  Indians, 

34186  shall  have  right  of  way  on  the  payment  of  a  just  compensation 

34187  therefor  in  money. 

34188  ARTICLE  10.  The  Sacs  and  Foxes  of  the  Mississippi  being 

34189  anxious  to  make  some  suitable  provision  for  their  mixed  and 

34190  half  bloods,  and  such  of  their  women  (whole-bloods)  who  have 

34191  intermarried  with  white  men,  it  is  agreed  that  there  shall  be  as- 

34192  signed  to  the  mixed  and  half  bloods  of  their  tribe,  and  to  such 

34193  whole-blood  females  as  have  intermarried  with  white  men,  at  the 
31194  date  of  this  agreement,  three  hundred  and  twenty  acres  each  ; 

34195  the  location  and  allotments  of  said  lands  to  be  made  out  of  that 

34196  portion  relinquished  by  this  treaty  to  the  United  States  in  trust, 
L97  provided  the  mixed  or  half  bloods,  and  such  females  of  their 
L98  tribes  as  have  intermarried  with  white  men,  desire  to  do  so. 

U199  The  allotments  to  such  of  the  mixed  or  half  bloods  as  may  be 

200  minors  to  be  made  by  the  agent  of  the  tribe,  subject  to  the  con- 

34201  firmation  and  approval  of  the  Secretary  of  the  Interior ;  and 


7G7 

34202  in  allotting  lands  to  those  provided  for  in  this  article,  said  allot- 

34203  meuts  shall  be  made  so  as  to  include  their  improvements,  (if  any,) 

34204  provided  it  can  be  done,  and  at  the  same  time  make  said  allot- 

34205  ments  conform  to  the  public  surveys.     And  it  is  further  agreed 

34206  between  the  parties  to  this  agreement  that  Thomas  Connelly,  a 

34207  half-breed,  and  a  member  of  the  tribe,  who  has  been  uniformly 

34208  kind  to  his  people,  shall  be  permitted  to  so  locate  his  three  hun- 

34209  dred  and  twenty  acres  as  to  include  Randal's  dwelling  and  trad- 

34210  ing-house,  if  it  can  be  done  so  as  to  harmonize  with  the  public 

34211  surveys  ;  and  provided  the  said  Connelly  shall  pay  to  the  owner 

34212  of  said  improvements  a  fair  valuation    therefor.     The  lands 

34213  granted  by  this  article  shall  remain  inalienable  except  to  the 

34214  United  States  or  members  of  the  tribe,  nor  shall  the  mixed  or 

34215  half  bloods,  or  such  females  as  have  intermarried  with  white 
34210  men,  participate  in  the  proceeds  of  the  lands  herein  ceded. 

34217  ARTICLE  11.  The  United  States  also  agree  to  cause  to  be 

34218  paid  to  the  tribe  any  funds  that  may  have  heretofore  been  with 

34219  held  under  the  provisions  of  the  fifth  article  of  the  treaty  of  one 

34220  thousand  eight  hundred  and  forty-two,  the  same  to  be  expended 

34221  for  their  benefit,  or  paid  in  money,  as  the  Secretary  may  direct. 

34222  ARTICLE  12.    This  instrument  shall  be  obligatory  on  the 

34223  contracting  parties  whenever  the  same  shall  be  ratified  by  the 

34224  President  and  the  Senate  of  the  United  States. 

34225  Proclaimed  July  9,  1860. 


34226  Treaty  between  the  United  States  of  America  and  the  tribe  of  Sac 

34227  and  Fox  Indians  of  the  Mississsppi,   concluded  February  18? 

34228  1867  j    ratification  advised,  with  amendments,  July  25, 1868  ; 

34229  amendments  accepted  September  2,  1868  ;  proclaimed   October 

34230  14,  1868. 

34231  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

34232  to  all  and  singular  to  whom  these  presents  shall  come, 

34233  greeting : 

34234  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

34235  Washington,  in  the  District  of  Columbia,  on  the  eighteenth  day 

34236  of  February,  in  the  year  of  our  Lord  one  thousand  eight  huii- 

34237  dred  and  sixty-seven,  by  and  between  Lewis  Y.  Bogy,  William 

34238  H.  Watson,  Thomas   Murphy,  and  Henry  W.  Martin,  coinmis- 

34239  sioners,  on  the  part  of  the  United  States,  and  Keokuk,  Chekus- 

34240  kuk,  Uc-quaw-no-ko,  Mut-tut-tah,  and  Man-ah-to-wah,  chiefs  of 

34241  the  tribe  of  Sac  and  Fox  Indians  of  the  Mississippi,  on  the  part 

34242  of  said  Indians,  and  duly  authorized  thereto  by  them,  which 

34243  treaty  is  in  the  words  and  figures  following,  to  wit  \ 

34244  Articles  of  agreement  made  and  concluded  this  eighteenth  day 


768 

341245  of  February,  one  thousand  eight  hundred  and  sixty-seven, 

34246  between  the  United  States,  represented  by  Lewis  V.  Bogy 

34247  Commissioner    of  Indian    Affairs,    William    H.   Watson, 

34248  special  commissioner,  Thomas  Murphy,  superintendent  of 

34249  Indian  affairs  for  Kansas,  and  Henry  W.  Martin,  United 

34250  States  Indian  agent,  duly  authorized,  and  the  tribes  of  Sacs 

34251  and  Foxes  of  the  Mississippi,  represented  by  Keokuk,  Che- 

34252  kus-kuk,  Uc-quaw-ho-ko,  Mut-tut-tah,  and   Man-ah-to-wah, 

34253  chiefs  of  said  tribes. 

34254  ARTICLE  1.  The  Sacs  and  Foxes  of  the  Mississippi  cede  to 

34255  the  Government  of  the  United  States  all  the  lands,  with  the  im- 

34256  provemeuts  thereon,  contained  in  their  unsold  portion  of  their 

34257  diminished  reserve,  defined  in  the  first  article  of  their  treaty 

34258  ratified  July  ninth,  one  thousand  eight  hundred  and  sixty,  (the 
34250  said  tract  containing  about  eighty-six  thousand  and  four  hun- 

34260  dred  acres,  and  being  more  particularly  described  by  the  survey 

34261  and  plats  on  file  in  the  Department  of  the  Interior,)  except  as 

34262  reserved  in  previous  treaties,  or  in  this  treaty. 

34263  ARTICLE  2.  The  said  Indians  also  cede  to  the  United  States 

34264  a  full  and  complete  title  to  the  lands,  with  the  improvements 

34265  thereon,  now  remaining  unsold  in  that  portion  of  their  old  reser- 

34266  vatiou  provided  by  article  four  of  the  treaty  of  July  ninth,  one 

34267  thousand  eight  hundred  and  sixty,  to  be  sold  by  the  Govern- 

34268  inent  for  their  benefit,  the  cession  herein  made  being  subject  to 

34269  the  exceptions  defined  in  this  treaty. 

34270  ARTICLE  3.  The  United  States  agree  to  pay  to  the  Sac  and 

34271  Fox  Indians,  parties  to  this  treaty,  at  the  rate  of  one  dollar  an 

34272  acre  for  the  whole  of  the  land  ceded  in  the  two  preceding  sec- 

34273  tious,  being  about  one  hundred  and  fifty-seven  thousand  acres 

34274  of  land,  less  the  amount  of  land  set  apart  for  individuals  ;  and 

34275  further  agree  to  pay  the  outstanding  indebtedness  of  the  said 

34276  tribe,  now  represented  by  scrip  issued  under  the  provisions  of 

34277  previous  treaties,  and  amounting  on   the  first  of  November, 

34278  eighteen  hundred  and  sixty-five,  to  twenty-six  thousand  five 

34279  hundred  and  seventy-four  dollars,  besides  the  interest  thereon, 

34280  out  of  the  proceeds  of  the  sale  of  lands  ceded  in  this  treaty,  and 

34281  the  amount  herein  provided  to  be  paid  to  said  Indians,  after  de- 

34282  ducting  such  sums  as,  under  the  provisions  of  this  treaty,  are 

34283  to  be  expended  for  their  removal,  subsistence,  and  establishing 

34284  them  in  their  new  country,  shall  be  added  to  their  invested 
285  funds,  and  five  per  cent,  interest  paid  thereon  in   the  same 

34286  manner  as  the  interest  of  their  present  funds  is  now  paid. 
^287  ARTICLE  4.  At  any  time  after  the  ratification  of  this  treaty 

L2S8  the  lauds  ceded  in  the  first  article  shall  be  held  and  considered 

34289  at  the  disposal  of  the  United  States,  except  that  until  the  time 

34290  for  the  removal  of  the  Indians  is  fixed  by  public  notice,  under 


769 

34291  the  provisions  of  this  treaty,  DO  interference  shall  be  made  with 

34292  the  rights  of  the  Indians  as  the  occupants  of  the  lands,  but  they 

34293  shall  remain  in  all  respects  without  molestation  in  the  same 

34294  manner  as  if  this  treaty  had  not  been  made :  And  provided  further, 

34295  That  inasmuch  as  there  are  valuable  improvements  upon  said 

34296  reservation,  such  improvements  shall  be  appraised  under  the 

34297  direction  of  the  Secretary  of  the  Interior,  and  the  appraised 

34298  value  of  the  same  shall  be  paid  to  the  United  States,  before  title 

34299  is  given  to  any  individual  or  corporation  for  the  lands  upon 

34300  which  such  improvements  are  situated. 

34301  ARTICLE  5.  The  lands  ceded  in  the  second  article  of  this 

34302  treaty,  being  the  unsold  remainder  of  the  lands  provided  in  the 

34303  fourth  article  of  the  treaty  of  July  ninth,  one  thousand  eight 

34304  hundred  and  sixty,  to  be  sold  in  trust  for  said  Indians,  shall, 

34305  immediately  upon  the  ratification  of  this  treaty,  become  the 

34306  property  of  the  United  States,  and  shall  be  open  to  entry  and 

34307  settlement,  and  the  lands  in  the  second  article  ceded,  as  well  as 

34308  those  ceded  in  the  first  article,  shall  be  subject  to  all  the  laws 

34309  and  regulations  of  the  General  Laud-Office  the  same  as  other 

34310  public  lands,  except  as  relates  to  the  provisions  in  the  next  pre- 
34311  ceding  article  relating  to  the  time  when  they  shall  be  open  for 

34312  settlement,  and  the  requirement  of  payment  for  the  improve- 

34313  inents;  and  should  there  be  any  improvements  upon  the  land 

34314  ceded  in  the  second  article,  they  shall  be  appraised,  and  payment 

34315  shall  be  required  therefor:  "  Provided,  That  such  lands  shall  be 

34316  subject  to  sale,  in  tracts  of  not  exceeding  one  hundred  and  sixty 

34317  acres  to  any  one  person,  and  at  a  price  not  less  than  one  dollar 

34318  and  fifty  cents  per  acre." 

34319  ARTICLE  6.  The  United  States  agree,  in  consideration  of 
31320  the  improvements  upon  the  said  reservation,  to  give  to  the  Sacs 

34321  and  Foxes  for  their  future  home  a  tract  of  land  in  the  Indian 

34322  country  south  of  Kansas,  and  south  of  the  Cherokee  lauds,  not 

34323  exceeding  seven  hundred  and  fifty  square  miles  in  extent.    The 

34324  selection  of  such  new  reservation  shall  be  made  under  the  direc- 

34325  tion  of  the  Secretary  of  the  Interior,  and  with  his  approval,  by 

34326  commissioners  appointed  by  the  said  Secretary,  who  shall  visit 

34327  the  Indian  country,  with  delegations  from  all  the  tribes  propos- 

34328  ing  to  remove  thereto,  as  soon  as  practicable  after  the  ratifica- 

34329  tioii  of  this  treaty ;  and  said  reservation  shall  be  surveyed  as  to 

34330  its  exterior  lines,  at  the  cost  of  the  United  States,  under  the 

34331  direction  of  the  Commissioner  of  Indian  Affairs,  not  to  exceed 

34332  three  thousand  dollars:   Provided,   That  if  it  shall  be  found 

34333  impracticable  to  select  a  suitable  home  for  the  tribe  except  by 

34334  purchase  from  the  Cherokees,  the  United  States  will  pay  toward 

34335  the  said  purchase  the  same  amount  that  would  have  been  paya- 

97  I  T 


770 

34336  ble  to  the  Creeks  if  the  reservation  had  been  selected  upon  the 

34337  former  Creek  lands  5  and  in  that  case  the  balance  of  the  money 

34338  payable  to  the  Cherokees  shall  be  deducted  from  the  amount  due 

34339  the  Sacs  and  Foxes  under  this  treaty. 

34340  ARTICLE  7.  As  soon  as  practicable  after  the  selection  of  the 

34341  new  reservation  herein  provided  for,  there  shall  be  erected 

34342  thereon,  at  the  cost  of  the  United  States,  a  dwelling-house  for 

34343  the  agent  of  the  tribe,  a  house  and  shop  for  a  blacksmith,  and 

34344  dwelling-house  for  a  physician,  the  aggregate  cost  of  which  shall 

34345  not  exceed  ten  thousand  dollars ;  and  also,  at  the  expense  of  the 

34346  tribe,  five  dwelling-houses  for  the  chiefs,  to  cost  in  all  not  more 

34347  than  five  thousand  dollars. 

34348  As  soon  as  practicable  after  such  selection  of  a  reservation 

34349  as  it  may,  in  the  discretion  of  the  Secretary  of  the  Interior,  be 

34350  deemed  advisable  for  the  Indians  to  remove  thereto,  regard  being 

34351  had  to  the  proper  season  of  the  year  for  such  removal,  notice 

34352  shall  be  given  to  their  agent  directing  such  removal;  and  when- 

34353  ever  such  time  shall  be  fixed,  public  notice  thereof  shall  be  given 

34354  in  three  leading  newspapers  of  Kansas,  and  thereafter  the  laud 

34355  ceded  to  the  United  States  by  the  first  article  of  this  treaty 

34356  shall  be  open  to  entry  and  settlement  under  the  provisions  of 

34357  the  fourth  article. 

34358  ARTICLE  8.  No  part  of  the  invested  funds  of  the  tribe,  or 

34359  of  any  moneys  which  may  be  due  to  them  under  the  provisions 

34360  of  previous  treaties,  nor  of  any  moneys  provided  to  be  paid  to 

34361  them  by  this  treaty,  shall  be  used  in  payment  of  any  claims 

34362  against  the  tribe  accruing  previous  to  the  ratification  of  this 

34363  treaty  unless  herein  expressly  provided  for. 

34364  ARTICLE  9.  In  order  to  promote  the  civilization  of  the  tribe, 

34365  one  section  of  land,  convenient  to  the  residence  of  the  agent, 

34366  shall  be  selected  by  said  agent,  with  the  approval  of  the  CQUI- 

34367  missioner  of  Indian  Aifairs,  and  set  apart  for  a  manual-labor 

34368  school ;  and  their  shall  also  be  set  apart,  from  the  money  to  be 

34369  paid  to  the  tribe  under  this  treaty,  the  sum  of  ten  thousand  dol- 

34370  lars  for  the  erection  of  the  necessary  school-buildings  and  dwell- 

34371  ing  for  teacher,  and  the  annual  amount  of  five  thousand  dollars 

34372  shall  be  set  apart  from  the  income  of  their  funds  after  the  erection 

34373  of  such  school-buildings,  for  the  support  of  the  school :  and  after 

34374  the  settlement  of  the  tribe  upon  their  new  reservation,  the  sum 

34375  of  five  thousand  dollars  of  the  income  of  their  funds  may  be  annu- 

1376  ally  used,  under  the  direction  of  the  chiefs,  in  the  support  of 

1377  their  national  government,  out  of  which  last-mentioned  amount 

34378  the  sum  of  five  hundred  dollars  shall  be  annually  paid  to  each 

34379  of  the  chiefs. 

34380  ARTICLE  10.  The  United  States  agree  to  pay  annually,  for 


771 

34381  five  years  after  the  removal  of  the  tribe,  the  sum  of  fifteen  huu- 

34382  dred  dollars  for  the  support  of  a  physician  and  purchase  of  med- 

34383  icines,  and  also  the  sum  of  three  hundred  and  fifty  dollars  annu- 

34384  ally  for  the  same  time,  in  order  that  the  tribe  may  provide  itself 

34385  with  tobacco  and  salt. 

34386  ARTICLE  11.  In  consideration  of  certain  improvements  made 

34387  by  John  Goodell  upon  the  lands  of  the  nation  within  their 

34388  present  reservation,  and  of  his  services  as  their  interpreter,  he 

34389  shall  be  allowed  to  select  therefrom  a  half  section  of  land  ;  and 

34390  it  is  farther  provided  that  of  said  land,  Sarah  A.  Whistler  and 

34391  Pash-e-ca-cah,  or  Amelia  Mitchell,  shall  each  be  allowed  to  select 

34392  a  half  section  of  land,  the  latter  selection  to  include  the  house 

34393  in  which  she  lives  ;  and  Julia  A.  Goodell  one  quarter  section, 

34394  besides  the  land,  not  exceeding  eight  acres,  upon  which  her 

34395  house  and  improvements  are  situated  ;  and  Mary  A.  Means  one 

34396  quarter  section,  to  includ[e]  the  improvements  occupied  by  her; 

34397  and  there  shall  also  be  allowed  to  Antoine  Gokey  and  William 

34398  A  very,  each  one  hundred  and  sixty  acres;  to  Leo  Whistler  and 

34399  Gertrude  Whistler,  each  three  hundred  and  twenty  acres ;  and  to 

34400  James  Thorpe,  Virginia  Thorpe,  and  Cassandra  Thorpe,  Thomas 

34401  J.  Miles,  Hattie  Miles,  Ema-Ke-O-Kuck,  Hanuie-Ke-O-Kuck,  Mo- 

34402  Co-P-quah,  each  eighty  acres;  Man-a-tah, Pah-me-che-kaw-paw, 

34403  Henry  Jones,  Wilson  McKinney,  and  Carrie  C.  Capper,  each  one 

34404  hundred  and  sixty  acres,  to  be  selected  from  unimproved  lands: 

34405  Provided,  That  the  parties  herein  named  shall  pay  to  the  Secre- 

34406  tary  of  the  Interior,  within  three  months  after  the  ratification 

34407  of  this  treaty,  the  sum  of  one  dollar  per  acre  for  said  lands,  the 

34408  avails  of  which  shall  be  used  for  the  benefit  of  the  Sacs  and 

34409  Foxes  in  the  same  manner  as  the  otherfunds  arising  from  the  sales 

34410  of  their  lands:  Provided  also,  That  George  Powers,  the  present 

34411  Government  interpreter,  for  valuable  services  rendered  and  uni- 

34412  form  kindness  toward  the  nation,  shall  have  patented  to  him, 

34413  in  fee-simple,  three  hundred  and  twenty  acres  of  land,  to  be 

34414  located  by  the  agent :  Provided  also.  That  they  may  select  from 

34415  land  upon  which  improvements  exist,  by  paying  the  appraised 

34416  value  of  such  improvements ;  but  no  selection  shall  include  the 

34417  agency,  mission,  or  mill  buildings  ;  and  upon  the  approval  by 

34418  the  Secretary  of  the  Interior  of  such  selections,  and  on  payment 

34419  therefor,  as  hereinbefore  provided,  patents  in  fee-simple  shall 

34420  be  issued  to  the  respective  parties,  their  heirs  or  assigns. 

34421  ARTICLE  12.  In  consideration  of  the  faithful  services  of 

34422  Samuel  Black  in  protecting  their  houses  and  timber  from  tres- 

34423  pass  and  depredation,  there  shall  be  patented  to  him  in  fee-siin- 

34424  pie  the  tract  of  land  upon  which  he  lives,  being  the  west  half 

34425  of  the  northwest  quarter- section   four,   town  [ship]   seventeen, 

34426  range  sixteen. 


772 

34427  ARTICLE  13.  Licensed  traders,  having  erected  valuable  build- 

34428  ing  at  the  agency,  it  is  agreed  that  John  K.  Eankin  may  have 

34429  a  patent  for  the  land,  not  exceeding  eight  acres,  upon  which 

34430  such  improvements  are  built,  and  not  to  include  any  other  im- 

34431  provements,  on  the  payment  of  two  dollars  and  fifty  cents  per 

34432  acre. 

34433  ARTICLE  14.  The  Sacs  and  Foxes,  parties  to  this  treaty, 

34434  agree  that  the  Sacs  and  Foxes  of  Missouri,fif  they  shall  so  elect, 

34435  with  the  approval  of  the  Secretary  of  the  Interior,  may  unite 

34436  with  them  and  become  a  part  of  their  people,  upon  their  cou- 

34437  tributiug  to  the  common  fund  such  a  portion  of  their  funds  as 

34438  will  place  them  on  an  equal  footing  in  regard  to  annuities. 
34430  ARTICLE  15.  The  claims  of  the  Sacs  and  Foxes  against  the 

34440  United  States  for  stealing  of  stock,  which  have  heretofore  been 

34441  adjusted,  amounting  to  sixteen  thousand  four  hundred  dollars, 

34442  shall  be  paid  by  the  United  States,  and  the  amount  disbursed 

34443  and  expended  for  the  benefit  of  the  tribe  in  such  objects  for  their 

34444  improvement  and  comfort  upon  the  new  reservation  as  the  chiefs 

34445  through  their  agent  shall  desire ;  and  whereas  the  Indians  claim 
3444G  that  one  full  payment  due  under  previous  treaty  has  never  been 

34447  made  to  them,  it  is  agreed  that  a  careful  examination  of  the 

34448  books  of  the  Commissioner  of  Indian  Affairs  shall  be  made,  and 

34449  if  any  sum  is  found  to  be  still  due  and  unpaid,  the  same  shall  be 

34450  paid  to  them  per  capita  in  the  same  manner  as  their  annuities 

34451  are  paid. 

34452  ARTICLE  16.  The  United  States  will  advance  to  the  said 

34453  tribe  of  Indians  the  sum  of  twenty  thousand  dollars,  or  so  much 

34454  thereof  as  may  be  necessary,  to  pay  the  expenses  of  their  subsis- 

34455  tence  for  the  first  year  after  their  arrival  at  their  new  home  in 

34456  the  Indian  country,  and  to  pay  the  necessary  expenses  of  re- 

34457  moval  and  furnish  necessary  rations  for  the  journey  during  such 

34458  removal;  said  removal  to  be  made  under  direction  of  the  super- 

34459  intendent  or  agent,  to  be  designated  by  the  Secretary  of  the 

34460  Interior ;  the  moneys  thus  expended  to  be  deducted  from  the 

34461  whole  amount  provided  to  be  paid  for  their  lands  herein  ceded. 

34462  ARTICLE  17.  It  is  hereby  provided  that  the  half-breeds  and 

34463  full-bloods  of  the  tribe,  who  were  entitled  to  selections  of  land 

34464  under  the  Sac  and  Fox  treaty,  ratified  July  ninth,  one  thousand 
>4465  eight  hundred  and  sixty,  and  which  selections  have  been  ap- 

1466  proved  by  the  Secretary  of  the  Interior,  shall  be  entitled  to  patent  s 

1467  in  fee-simple  for  the  lands  heretofore  selected,  according  to  the 
468  schedule  annexed  to  this  treaty:  Provided,  That  where  siuh. 

4469  selections  have  been  made  and  the  allottees  have  sold  their 

1470  lands  for  a  valuable  consideration,  not  less  than  one  dollar  ai:d 

34471  twenty-five  cents  per  acre,  the  Secretary  of  the  Interior  shall, 


773 

34£72  upon  full  proof  being  made,  cause  patents  to  issue  to  the  pur- 

34473  chasers  or  their  assigns. 

34474  ARTICLE  18.  All  sales  hereafter  made  by  or  on  behalf  of 

34475  persons  to  whom  lands  are  assigned  in  this  treaty  shall  receive 

34476  the  approval  of  the  Secretary  of  the  Interior  before  taking  effect 

34477  in  conveying  title  to  lands  so  sold. 

34478  ARTICLE  19.  The  United  States  agree  to  pay  the  expenses 

34479  of  negotiating  this  treaty,  not  to  exceed  the  sum  of  fifteen  hun- 

34480  dred  dollars. 

34481  ARTICLE  20.  The  chiefs  and  head-men  of  the  Sacs  and  Foxes 

34482  having  permitted  their  employees  to  cultivate  farms,  which, 

34483  together  with  the  farms  of  Ke-o-kuck  and  other  chiefs,  are  em- 

34484  braced  within  an  area  two  miles  by  four,  and  the  said  Sacs  and 

34485  Foxes  believing  that  the  lands  comprising  the  said  area  having 

34486  been  made  valuable  by  reason  of  said  occupancy,  and  in  order 

34487  that  they  may  receive  a  fair  compensation  for  said  area  of  land, 

34488  bounded  and  described  as  follows,  except  as  heretofore  specially 

34489  excepted,  and  the  mill  and  mission  building,  to  wit :  commencing 

34490  at    the   northwest    corner    of    section    thirty-three,    township 

34491  sixteen,  range  seventeen,  thence  east  two  and  a  quarter  (2J) 

34492  miles  to   the  reservation  line;   thence  south  along   said   line 

34493  four  miles  5    thence  west  two  and  a  fourth   (2^)  miles   to  the 

34494  southwest  corner  of  section  sixteen,  township  seventeen,  range 

34495  seventeen ;  thence  north  along  the  section  line  to  the  place  of 

34496  beginning,  are  hereby  withdrawn  from  sale,  as  is  provided  for 

34497  the  sale  of  their  lands  in  this  treaty,  and  the  said  area  of  land, 

34498  as  above  described,  shall  be  sold  by  the  chiefs  and  agent  for  the 

34499  tribe  at  the  best  price  obtainable ;  and  they  are  hereby  empow- 

34500  ered  to  make  warrantee  deeds  for  the  same,  subject  to  the  ap- 

34501  proval  of  the  Secretary  of  the  Interior,  at  not  less  than  two 

34502  dollars  per  acre  in  addition  to  the  appraised  value  of  the  im- 

34503  provemeuts.     The  avails  of  said  lauds  shall  be  expended  by  the 

34504  agent,  under  the  direction  of  the  chiefs,  for  the  benefit  of  the 

34505  nation. 

34506  ARTICLE  21.  The  Sacs  and  Foxes  of  the  Mississippi,  parties 

34507  to  this  agreement,  being  anxious  that  all  the  members  of  their 

34508  tribe  shall  participate  in  the  advantages  to  be  derived  from  the 

34509  investment  of  their  national  funds,  sales  of  lands,  and  so  forth, 

34510  it  is  therefore  agreed  that,  as  soon  as  practicable,  the  Commis- 

34511  sioner  of  Indian  Affairs  shall  cause  the  necessary  proceedings  to 

34512  be  adopted,  to  have  such  members  of  the  tribe  as  may  be  absent 

34513  notified  of  this  agreement  and  its  advantages,  and  to  induce 

34514  them  to  come  in  and  permanently  unite  with  their  brethren,  and 

34515  that  no  part  of  the  funds  arising  from  or  due  the  nation  under 

34516  this  or  previous  treaty  stipulations  shall  be  paid  to  any  bands  or 

34517  parts  of  bands  who  do  not  permanently  reside  on  the  reserva- 


774 

34518  tion  set  apart  to  them  by  the  Government  in  the  Indian  Terri- 

34519  tory,  as  provided  in  this  treaty,  except  those  residing  in  the 

34520  State  of  Iowa  ;  and  it  is  further  agreed,  that  all  money,  accruing 

34521  from  this  or  former  tribes,  [treaties,]  now  due  or  to  become  due 

34522  said  nation,  shall  be  paid  them  on  their  reservation  in  Kansas  ; 

34523  and  after  their  removal,  as  provided  in  this  treaty,  payments  shall 

34524  be  made  at  their  agency  on  their  lands  as  then  located. 

34525  List  of  Sac  and  Fox  lands  selected  for  individuals  referred  to  in 

34526  Article  XVII  of  the  above  treaty,  selected  by  Perry  Fuller, 

34527  agent. 


Names  of  persons.                                              Description  of  land.  Sec[tion.J    Town[ship.J  Range. 

34529  Alvira  Connolly  ..........  S.  J  NW.  J  .....  5  17  18 

34530  Alvira  Connolly  ..........  SW.  \  .........  5  17  18 

34531  Alvira  Connolly  .........  N.  J  NW.  J....  8  17  18 

34532  Alexander  Connolly  .......  E.  £  ...........  4  17  18 

34533  Cordelia  Connolly  .........  E.  \  ,  ..........  35  1C  17 

34534  Isaac  Goodell  .............  W.  £    ........  3  17  18 

34535  Kish-Kah-Iwah  ...........  S.  £  ...........  16  17  18 

34536  Mary  I.  Thorp  ............  E.  J  ...........  12  17  17 

34537  Hiram  P.  Thorp  ..........  E.  \  ..........  .  1  17  17 

34538  Francis  A.  Thorp  ........  .  W/J  .........  6  17  18 

34539  Amelia  McPherson  ........  W.  *  ..........  1  17  17 

34540  Sarah  A.  Whistler  ........  SW.  J  .........  34  16  18 

34541  Sarah  A.  Whistler  ........  SW.  J  SW.  J...  35  16  18 

34542  Sarah  A.  Whistler  ........  W.  J  N  W.  J  .  .  .  .  2  17  18 

34543  Sarah  A.  Whistler  ........  NW.  J  SW.  J  .  .  2  17  18 

34544  Julia  A.  Goodell  ..........  KJ..   ..  ......  21  17  18 

34545  Susan  J.  Goodeli  .....  .  .  .  .  E.  J  ...........  3  17  18 

34546  John  Goodell,  jr  ...........  E.  J  ...........  17  17  18 

34547  Jane  Goodell  .............  NE.  J....  .....  10  17  18 

34548  Jane  Goodell  ............  ..  N\V.  J  N  W.  J.  .  10  17  18 

34549  Jane  Goodell  .............  E.  J  N  W.  J  ____  10  17  18 

34550  Jane  Goodell...  ..........  NW.JNWr.  J..  11  17  18 

34551  Mary  A.  Byington  .........  E.  J  NE.  J  .....  9  17  18 

34552  Mary  A.  Byington  ...  .....  E.  JSE.J  ......  9  17  18 

34553  Mary  A.  Byington  .........  W.  J  SW.  J  ____  10  17  18 

34554  Mary  A.  Byington  .........  SW.  J  NW.  J  .  .  W  17  18 

34555  Mary  A.  Byiugton  .........  NE.  J  NE.  J  ____  16  17  18 

34556  Margaret  Miles  ...........  W.  J  ..........  4  17  18 

34557  Thomas  J.  Connolly  ......  Swfj  SE.  J  ____  9  17  18 

34558  Thomas  J.  Connolly  ........  SE.  J  NE.  J  ____  16  17  18 

34559  Thomas  J.  Connolly  .......  W.  J  NE.  J  .  .  .  .  16  17  18 

34560  Thomas  J.  Connolly  .......  NW  J  .........  16  17  18 

34561  Charles  T.  Connolly  _______  E.  J  NW.  J  .....  9  17  18 


Charles  T.  Connolly  , 

.  W.  }  EE.  4  .  . 

9 

17 

18 

Charles  T.  Connolly  

.  NW.4SE.4.. 

9 

17 

18 

Charles  T.  Connolly  

.  SE.JSW.J.. 

9 

17 

18 

Charles  T.  Connolly  

.  s.  jsw.  4... 

9 

17 

18 

The  following  were 

selected  by  C.  C. 

Hutcliinson 

; 

Names  of  persons. 

Description. 

Sec[tion.]    Toi 

»-n[8hip.] 

Range. 

Kaw-Kol-we-nah  

.  B-i  

2 

17 

17 

George  Powers  

.  NE.4  

8 

17 

18 

George  Powers  , 

.  S.JNW.J... 

8 

17 

18 

George  Powers  

.  K.JSW.J... 

8 

17 

18 

Joseph  Gokev  

W.  JSE.4... 

..       21 

17 

18 

Joseph  Gokev  

N.  J  NW.  4  .  . 

..       28 

17 

18 

Joseph  Gokey  

sw.ixw.i. 

.-.       28 

17 

18 

Joseph  Gokey  

NW.  4NE.  4. 

..       28 

17 

18 

Joseph  Gokey  

W.  JSE.4... 

29 

17 

18 

Met-tach-ah-pack-o  tali  

.  E.  J  

7 

17 

18 

Mack-oh-tach-o-quit  ... 

.  W.  J...  

7 

17 

18 

Proclaimed  October  14 

,  1868. 

775 

34562  Names  of  person?.  Description  ot  land.  Sec[tion.]    Township.]    Range. 

34563 
34564 
34565 
34566 

34567 

34568 
34569 
34570 
34571 
34572 
34573 
34574 
34575 
34576 
34577 
3457$ 
34579 
34580 


34581  SACS  AND  FOXES  OF  MISSOURI. 

34582  Articles  of  a  treaty  made  at  the  city  of  Washington  between  Carey 

34583  A.  Harris,  thereto  specially  authorised  by  the  President  of  the 

34584  United  States,  and  the  Sacs  and  Foxes  of  Missouri,  by  their 

34585  chiefs  and  delegates. 

34586  ARTICLE  1.  The  Missouri  Sac  and  Fox  Indians  make  the 

34587  following  cessions  to  the  United  States : 

34588  First.  Of  all  right  or  interest  in  the  country  between  the 

34589  Missouri  and  Mississippi  Rivers  and  the  boundary-line  between 

34590  the  Sac  and  Fox  and  the  Sioux  Indians,  described  in  the  second 

34591  article  of  the  treaty  made  with  these  and  other  tribes  on  the  19th 

34592  of  August,  1825,  to  the  full  extent  to  which  said  claim  was  rec- 

34593  ognized  in  the  third  article  of  said  treaty ;  and  of  all  interest 

34594  or  claim  by  virtue  of  the  provisions  of  any  treaties  since  made 

34595  by  the  United  States  with  the  Sacs  and  Foxes. 

34596  Second.  Of  all  the  right  to  locate,  for  hunting  or  other  pur- 

34597  poses,  on  the  land  ceded  in  the  first  article  of  the  treaty  of  July 

34598  15th,  1830,  which,  by  the  authority  therein  conferred  on  the 

34599  President  of  the  United  States,  they  may  be  permitted  by  him 

34600  to  enjoy. 

34601  Third.  Of  all  claims  or  interest  under  the  treaties  of  Novein- 


776 

34602  ber  3d,  1804;  August  4th,  1824;  July  15th,  1830,  and  Septem- 

34603  ber  17th,  1836,  for  the  satisfaction  of  which  no  appropriations 

34604  have  been  made. 

34605  ARTICLE  2.  In  consideration  of  the  cession  contained  in  the 

34606  preceding  article,  the  United  States  agree  to  the  following  stip- 

34607  illations  on  their  part : 

34608  First.  To  pay  to  the  said  Sacs  and  Foxes  of  the  Missouri, 

34609  the  sum  of  one  hundred  and  sixty  thousand  dollars,  ($160,000.) 

34610  It  is  understood  and  agreed  that,  of  the  said  sum  of  one 

34611  hundred  and  sixty  thousand  dollars,  ($160,000,)  there  shall  be 

34612  expended  in  the  purchase  of  merchandise,  to  be  delivered  when- 

34613  ever  in  the  judgment  of  the  President  it  may  be  best  for  them, 

34614  twenty-five  hundred  dollars,  ($2,500 ;)  and  there  shall  be  paid 

34615  to  Jacques  Mettez,  their  interpreter,  for  services  rendered,  and 

34616  at  their  request,  one  hundred  dollars,  ($100.) 

34617  Second.  To  invest  the  balance  of  said  sum,  amounting  to 

34618  one  hundred  and  fifty-seven  thousand  four  hundred  dollars, 

34619  ($157,400,)  and  to  guaranty  them  an  annual  income  of  not  less 

34620  than  five  per  cent,  thereon. 

34621  Third.  To  apply  the  interest  herein  guaranteed  in  the  follow- 

34622  ing  manner: 

34623  For  the  support  of  a  blacksmith's  establishment,  one  thou- 

34624  sand  ($1,000)  dollars  per  annum. 

34625  For  the  support  of  a  farmer,  the  supply  of  agricultural  im- 

34626  plements,  and  assistance,  and  other  beneficial  objects,  sixteen 

34627  hundred  dollars  ($1,600)  per  annum. 

34628  For  the  support  of  a  teacher  and  the  incidental  expenses  of 

34629  a  school,  seven  hundred  and  seventy  dollars  ($770)  per  annum. 

34630  The  balance  of  the  interest,  amounting  to  forty-five  huii- 

34631  dred  dollars,  ($4,500,)  shall  be  delivered,  at  the  cost  of  the  United 

34632  States,  to  said  Sac  and  Fox  Indians,  in  money  or  merchandise, 

34633  at  the  discretion  of  the  President,  and  at  such  time  and  place  as 

34634  he  may  direct. 

34635  ARTICLE  3.  The  expenses  of  this  negotiation,  and  of  the 

34636  chiefs  and  delegates  signing  this  treaty  to  this  city  and  to  their 

34637  homes,  to  be  paid  by  the  United  States. 

ARTICLE  4.  This  treaty  to  be  binding  upon  the  contracting 

34639  parties  when  the  same  shall  be  ratified  by  the  United  States. 

34640  Proclaimed  February  21,  1838. 


777 


34641       SAGS  AND   FOXES  OF  TEE  MISSOURI  AND  IOWAS. 


34643 
34643 

34644 

34645 

34646 

34647 

34648 

34640 

34650 

34651 

34652 

34653 

34654 

34655 

34656 

34657 

34658 

34659 

34660 

34661 

34662 

34663 

34664 

34665 

34666 

34667 

34668 

34669 

34670 

34671 

34672 

34673 

34674 

34675 

34676 

34677 

34678 

34679 

34680 

34681 

34682 


By  the  President  of  the  United  States  of  America, 

A    PROCLAMATION. 

To  all  and  singular  to  whom  these  presents  shall  come,  greeting  : 

Whereas  a  treaty  was  made  and  concluded  at  the  Great 
Neinaha  agency,  in  the  Territory  of  Nebraska,  on  the  sixth  day 
of  March,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty-one,  by  and  between  Daniel  Yanderslice,  United 
States  Indian  agent,  on  the  part  of  the  United  States,  and  Pe- 
te-ok-a-ina,  Ne- sour-quoit,  Mo-less,  and  Se-se-ah-kee,  chiefs  and 
delegates  of  the  Indians  known  as  the  Sacs  and  Foxes  of  Mis 
souri,  duly  authorized  thereto  by  said  Indians,  and  No  heart, 
Nag-ga-rash,  Mah-hee,  To-hee,  Tah-ra-kee,  Thur-o-mony,  and 
White  Horse,  chiefs  and  delegates  of  the  Indians  known  as  the 
Iowa  tribe,  duly  authorized  thereto  by  said  Indians,  in  the 
words  and  figures  following,  to  wit : 

Articles  of  agreement  and  convention  made  and  concluded   at 
the  office  of  the  Great  Neinaha  agency,  Nebraska  Terri 
tory,  on  the  sixth  day  of  March,  A.  D.  one  thousand  eight 
hundred  and  sixty-one,  by  and  between  Daniel  Vanderslice, 
U.  S.  Indian  agent,  on  the  part  of  the  United  States,  and 
the  following-named  delegates  of  the  Sacs  and  Foxes  of  Mis 
souri,  viz  :  Pe-ta-ok-a-rna,  Ne-sour-quoit,  Mo-less,  and  Se- 
se-ah-kee  ;  and  the  following-named  delegates  of  the  Iowa 
tribe,  viz  :  No-heart,  Nag-ga-rash,  Mah-hee,  To-hee,  Tah-ra- 
kee,  Thur-o-mony,  and  White  Horse;  they  being  duly  au 
thorized  thereto  l>y  their  respective  tribes. 
ARTICLE  1.  The  Sacs  and  Foxes  of  Missouri  hereby  cede, 
relinquish,  and  convey  to  the  United  States  all  their  right,  title, 
and  interest  in  and  to  lands  within  their  present  reservation, 
described  as  follows,  viz  :  beginning  at  the  mouth  of  the  south 
fork  of  the  Great  Nemaha  River,  and  thence  up  the  southwest 
bank  of  the  Great  Nemaha,  with  its  meanders,  to  the  mouth  of 
the  west  fork  ;  thence  up  the  west  fork,  with  its  meanders,  to 
the  line  of  the  40°  of  parallel  on  the  west  bank  of  creek  or  fork 
where  is  established  the  southwest  corner  of  the  Sac  and  Fox 
reserve,  by  erecting  a  stone  monument,  from  which  the  follow 
ing  references  bear,  viz  :  A  large  cottonwood  tree  three  feet  in 
diameter,  bears  S.  44°  00'  E.   1.05    chains;  a  rock   bears  N. 
30°  00'  W.  50  links  ;  another  rock  bears  N.  50°  00'  west  50 
links  ;  and  another  rock  bears  due  north  one  chain  ;  thence 
east  along  the  line  of  the  40°  of  parallel  to  the  west  bank  of  the 
98  i  T 


778 

34083  south  fork  of  the  Great  Nemaha  Paver,  distance  fourteen  miles 

34084  twenty -seven  chains  and  sixty  links,  where  is  established   the 

34085  southeast  corner  of  the  Sac  and  Fox  reserve,  by  erecting  a  stone 
34080  pile  with  a  black  walnut  post  in  the  centre  of  it,  from  which  a 

34087  white  elm,  two  feet  in  diameter,  bears  S.  33°  GO7  E.  22  links,  and 

34088  marked  with  the  letters  S.  E.  Cor.  for  the  southeast  corner,  and 
34080  another  elm,  18  inch[e]s  in  diameter,  bears  S.  30°  GO7  E.  1.05 

34090  chains,  and  marked  SE  C  B  SE.,  for  the  southeast  corner,  bear- 

34091  ing,  and  distance  ;  and  another  black  walnut,  9  inch[e]s  in  di- 

34092  ameter,  bears  S.  15°  GO'  E.  85  links,  and  thence  down  the  south 

34093  fork,  with  its  meanders,  to  the  point  of  beginning,  estimated  to 

34094  contain  32,098  acres  3  roods  and  35  perches. 

34095  ARTICLE  2.  The  aforesaid  lauds  shall  be  surveyed  in  con- 
34090  formity   with  the  system  governing  the  survey  of  the  public 

34097  lands  ;  and  the  same  shall  be  sold,  under  the  direction  of  the 

34098  Secretary  of  the  Interior,  in  parcels  not  exceeding  one  hundred 

34099  and  sixty  acres  each,  to  the  highest  bidder,  for  cash;  the  sale 

34700  to  be  made  upon  sealed  proposals,  to  be  duly  invited  by  public 

34701  advertisement:  Provided,  ^o  bid  shall  be  favorably  considered 

34702  which   may  be  less  than  one  dollar  and  twenty-five  cents  per 

34703  acre.     And  should  any  of  the  tracts  so  to  be  sold  have  upon 

34704  them  improvements  of  any  kind  which  were  made  by  or  for  the 

34705  Indians,  or  for  Government  purposes,  the  proposals  therefor 
34700  must  state  the  price  for  both  the  land  and  improvements.     The 

34707  proceeds  of  the  sales  thereof,  after  deducting  therefrom  the  ex- 

34708  penses  of  surveying  the  lauds  and  all  other  expenses  incident  to 

34709  the  negotiation  of  these  articles  of  convention  and  the  proper 

34710  execution  thereof,  the  balance  shall  be  applied  as  follows,  viz  : 

34711  One  half  shall  be  held  in  trust  by  the  United   States  for  the 

34712  benefit  of  the  Sacs  and  Foxes  of  Missouri,  and  interest  thereon, 

34713  at  the  rate  of  five  per  centum  per  annum,  shall  be  paid  an- 

34714  nually,  with  the  other  funds  to  be  paid   said  tribe,  in  the  same 

34715  manner  as  stipulated  in  the  treaty  of  May  18th,  1854;  and  the 
34710  other  half  of  said  balance  shall  be  applied  as  hereinafter  speci- 
34717  fied. 

ARTICLE  3.   The   Iowa   tribe   of  Indians,   parties   to   this 

34719  agreement,  hereby  cede,  relinquish,  and  convey  to  the   United 
51720  States,  for  the  use  and  benefit  of  the  Sacs  and  Foxes  of  Mis- 
34721  souri,  for  their  permanent  home,  all  that  part  of  their  present 
34721  reservation    lying  and    being  west  of   Nohearts    Creek,  and 

34723  bounded  as  follows,  viz :  Beginning  at  a  point  where  the  south- 

34724  em  line  of  the  present  Iowa  reserve  crosses  Nohearts  Creek; 

34725  thence  with  said  line  to  the  south  fork  of  the  Nemaha,  (com- 

34720  monly  known  as  Walnut  Creek;)  thence  down   the  middle  of 
^70!  Said  south  fork>  with  tlie  meanders  thereof,  to  its  mouth,  and  to 

a  point  in  the  middle  of  the  Great  Neinaha  River ;  thence  down 


779 

34729  the  middle  of  said  river  to  a  point  opposite  the  mouth  of  No- 

34730  hearts  Creek ;   and  thence,  in  a  southerly  direction  with  the 

34731  middle  of  said  Nohearts  Creek,  to  the  place  of  beginning.    And 

34732  it  is  hereby  understood  and  agreed  that,  in  full  consideration  for 

34733  said  cession,  the  United  States  shall  hold  in  trust,  for  the  use 

34734  and  benefit  of  the  lowas,  the  one-half  of  the  net  proceeds  of 

34735  the  sales  of  the  lands  described  in  the  second  article  of  this 
34730  agreement,  and  interest  thereon,  at  the  rate  of  five  per  centum 

34737  per  annum,  shall  be  paid  to  the  Iowa  tribe  in  the  same  manner 

34738  as  their  annuities  are  paid  under  the  treaty  of  May  17,  1854. 

34739  The  reservation  herein  described  shall  be  surveyed  and  set  apart 

34740  for  the  exclusive  use  and  benefit  of  the  Sacs  and  Foxes  of  Mis- 

34741  souri,  and  the  remainder  of  the  Iowa  lands  shall  be  the  tribal 

34742  reserve  of  said  Iowa  Indians,  for  their  exclusive  use  and  bene- 

34743  fit. 

34744  ARTICLE  4.  The  Sacs  and  Foxes  of  Missouri  being  anxious 

34745  to  make  full  satisfaction  for  a  just  claim   which  Joseph  Tesson 
34740  holds  against  said  tribe,  it  is  hereby  agreed  by  the  parties  to 

34747  this  convention  that  said  claimant  shall  select  a  quarter  section 

34748  or  one  hundred  and  sixty  acres  of  land,  to  include  his  present 

34749  residence  and  improvements,  to  be  located  in  one  body,  in  con- 
31750  formity  with  the  legal  subdivisions  of  the  public  surveys,  which 
34  "51  tract  of  land  shall  be  received  by  him  in  full  payment  of  said 

34752  claim,  estimated  at  about  eight  hundred  dollars,  and  all  other 

34753  claims   or  rights  of  every  character  whatsoever  against  gaid 

34754  tribe  5  and  when  a  relinquishment  shall  have  been  executed  by 

34755  said  claimant  in  favor  of  said  tribe  for  all  claims  that  he  may 
3475G  have  against  them,  a  patent  shall  be  issued  to  him  for  said  tract 

34757  of  land  in  fee-simple. 

34758  The  following  chiefs  shall  be  entitled  to  select  each  a  quar- 

34759  ter  section,  or  one  hundred  and  sixty  acres  of  land  in  one  body, 

34700  in  conformity  with  the  public  surveys,  to  include  their  present 

34701  residences  and  improvements,  viz  :  Pe-te  ok-a-ma,  Ne-sour-quoit, 

34702  and  Mo-less;  and  George  Gomess,  a  member  of  the   Sac  and 

34703  Fox  tribe,  shall  select  in  like  manner  one-eighth  of  a  section  or 

34704  eighty  acres  of  land  in  one  body,  to  include  his  improvements, 

34705  aud  patents  shall  be  issued  therefor  in  favor  of  said  persons  in 
34700  fee-simple. 

34707  ARTICLE  5.  In  order  to  encourage  education  among  the 

34708  aforesaid  tribes  of  Indians,  it  is  hereby  agreed  that  the  United 

34709  States  shall  expend  the  sum  of  one  thousand  dollars  for  the 

34770  erection  of  a  suitable  school-house,  and  dwelling-house  for  the 

34771  school  teacher,  for  the  benefit  of  the  Sacs  and  Foxes,  and  also 

34772  the  additional  sum  of  two  hundred  dollars  per  annum  for  school 

34773  purposes,  so  long  as  the  President  of  the  United  States  may 

34774  deem  advisable.     And  for  the  benefit   of  the  Iowa  tribe   of 


780 

34775  Indians  there  shall  be  expended,  in  like  manner,  at  the  discre- 

34776  tioii  of  the  President,  the  sum  of  three  hundred   dollars  per 

34777  annum   for   school  purposes,   which   two  last-mentioned   sums 

34778  shall  be  paid  out  of  the  funds  to  be  appropriated  for  the  civili- 

34779  zation  of  Indians. 

34780  ARTICLE  G.  There  shall  be  set  apart  in  one  body,  under  the 

34781  direction  of  the  Commissioner  of  Indian  Affairs,  one  section,  or 

34782  six  hundred  and  forty  acres  of  land,  in  harmony  with  the  public 

34783  survey,   so  as  to  include   the  agency-dwelling,   agency-office, 

34784  council-house,    school-house,    teachers'   dwelling,   blacksmith's 

34785  dwelling  and  shops,  and  such  farming  land  as  may  be  necessary 
3478G  for  the  use  of  the  school,  agency,  and  employees  thereat. 

34787  ARTICLE  7.  No  person  not  a  member  of  either  of  the 

34788  tribes,  parties  to  this  convention,  shall  go  upon  the  reserva- 

34789  tions  or  sojourn  among  the  Indians  without  a  license  or  written 

34790  permit  from  the  agent  or  superintendent   of  Indian   affairs, 

34791  except  Government  employees  or  persons  connected  with  the 

34792  public  service.    And  no  mixed-blood  Indians,  except  those  em- 

34793  ployed  at  some  mission,  or  such  as  may  be  sent  there  to  be  edu- 

34794  cated,  or  other  members  of  the  aforesaid  tribes,  shall  participate 

34795  in  the  beneficial  provisions  of  this  agreement  or  former  treaties, 

34796  unless  they  return  to  and  unite  permanently  with  said  tribes, 

34797  and  reside  upon  the  respective  reservations  within  six  months 

34798  from  the  date  of  this  convention. 

34799  ARTICLE  8.  It  is  hereby  understood  and  agreed  by  the  con- 

34800  tract-ing  parties  hereto  that  the  stipulations  of  the  treaty  with 

34801  the  Sacs  and  Foxes  of  Missouri  of  May  18th.  1854,  (proclaimed 

34802  July  17,  1854;  see  page  758,)  and  the   treaty  with  the  Iowa 

34803  Indians  of  the  37th  of  May,  1854,  (see  page  403,)  which  may 

34804  not  be  inconsistent  with  these  articles  of  convention,  shall  have 

34805  full  force  and  effect  upon  the  contracting  parties  hereto. 
34800  ARTICLE  9.  This  instrument  shall  be  obligatory  upon  the 

34807  respective  parties  hereto,  whenever  the  same  shall  be  ratified  by 

34808  the  President  and  the  Senate  of  the  United  States. 

34809  ARTICLE  10.  The  Secretary  of  the  Interior  may  expend  a 

34810  sum  not  exceeding  three  thousand  five  hundred  dollars,  ($3,500,) 

34811  out  of  the  proceeds  of  the  sales  of  said  lands,  at  any  time  he 

34812  may  deem  it  advisable,  for  the  purpose  of  erecting  a  toll-bridge 

34813  across  the  Great  Nemaha  Kiver  at  or  near  Boy's  Ferry,  for  the 

34814  use  of  the  Iowa  Indians;  and  alike  sum  of  three  thousand  five 
4815  hundred  dollars,  ($3,500,)  out  of  the   proceeds  of  the   sales  of 

816  said  lands,  for  the  purpose  of  erecting  a  toll-bridge  across  the 

$17  Great  Keinaha  Kiver,  at  or  near  Wolf  Village,  for  the  use  of  the 

34818  Sacs  and  Foxes  of  Missouri. 

Toll  shall  be  charged   and  collected  for   the  use   of  said 

34820  bridges  at  such  rates  and  under  such  rules  and  regulations  as 


781 

34821  may  be  established  by  the  Commissioner  of  Indian  Affairs,  with 

34822  the  approval  of  the  Secretary  of  the  Interior,  the  proceeds  of 

34823  such  tolls  to  be  expended  as  follows  :  1st,  in  making  necessary 

34824  repairs  on  said  bridges ;  2d,  for  the  use  of  said  tribes,  respect- 

34825  lively. 

3482G  ARTICLE  11.  It  is  further  stipulated  that,  whenever  Con- 

34827  gress  shall  by  law  so  provide,  all  annuities  due  and  to  become 

34828  due  and  payable  to  the  said  tribes  of  Indians  under  this  treaty, 

34829  and  under  all  other  previous  treaties,  may  be  paid  in  specific  ar- 

34830  tides,  clothing,  agricultural  implements,  and  such  other  articles 

34831  as  Congress  shall  direct. 

34832  Proclaimed  March  26,  18G3. 


34833  SACS  AND  FOXES,  AND  OTHERS. 

34834  Articles  of  a  treaty  made  and  concluded  by  William  Clark,  super- 

34835  intendent  of  Indian   affairs,  and    Willoughby  Morgan,  col. 

34836  of  the  United  States  1st  Regt.  Infantry,  commissioners  on  be- 

34837  haJf  of  the  United  States,  on  the  one  part,  and  the  undersigned 

34838  deputations  of.  the  confederated  tribes  of  the  Sacs  and  Foxes, 

34839  the  Medaivah-Kanton,   Wahpacoota,  Wahpeton,  and  Sissetong 

34840  bands  or  tribes  of  Sioux,  the    Omahas,  loways,  Ottoes,  and 

34841  Missourias,  on  the  other  part. 

34842  The  said  tribes  being  anxious  to  remove  all  causes  which 

34843  may  hereafter  create  any  unfriend^  feeling  between  them,  and 

34844  being  also  anxious  to  provide  other  sources  for  supplying  their 

34845  wants  besides  those  of  hunting,  which  they  are  sensible  must 

34846  soon  entirly  fail  them,  agree  with  the  United  States  on  the  fol- 

34847  lowing  articles : 

34848  ARTICLE  1.  The  said  tribes  cede  and  relinquish  to  the  United 

34849  States  forever  all  their  right  and  title  to  the  lands  lying  within 

34850  the  following  boundaries,  to  wit :  Beginning  at  the  upper  fork  of 

34851  the  Demoirie  River,  and  passing  the  sources  of  the  Little  Sioux 

34852  and  Floyds  Rivers  to  the  fork  of  the  first  creek  which  falls  into 

34853  the  Big  Sioux  or  Calumet  on  the  east  side ;  thence  down  said 

34854  creek  and  Calumet  River  to  the  Missouri  River;  thence  down 

34855  said  Missouri  River  to  the  Missouri  State-line  above  the  Kansas ; 

34856  thence  along  said  line  to  the  northwest  corner  of  the  said  State ; 

34857  thence  to  the  high-lands  between  the  waters  falling  into  the  Mis- 

34858  souri  and  Desmoines,  passing  to  said  high-lands  along  the  divid- 

34859  ing-ridge  between  the  forks  of  the  Grand  River;  thence  along 

34860  said  high-lauds  or  ridge  separating  the  waters  of  the  Missouri 

34861  from  those  of  the  Demoine  to  a  point  opposite  the  source  of 

34862  Boyer  River  ;  and  thence  in  a  direct  line  to  the  upper  fork  of  the 


782 

,34863  Demoine,  the  place  of  beginning.     But  it  is  understood  that  the 

34804  lands  ceded  and  relinquished  by  this  treaty  are  to  be  assigned 

34865  and  allotted,  under  the  direction  of  the  President  of  the  United 

34866  States,  to  the  tribes  now  living  thereon,  or  to  such  other  tribes 

34867  as  the  President  may  locate  thereon,  for  hunting  and  other  pur 

34868  poses. 

34869  ARTICLE  2.  The  confederated  tribes  of  the  Sacs  and  Foxes 

34870  cede  and  relinquish  to  the  United   States  forever  a  tract  of 

34871  country  twenty  miles  in  width,  from  the  Mississippi  to  the  Do- 

34872  raoine,  situate  south  and  adjoining  the  line  between  the  said 

34873  confederated  tribes  of  Sacs  and  Foxes  and  the  Sioux,  as  estab- 

34874  lished  by  the  second  article  of  the  treaty  of  Prairie  du  Chien  of 

34875  the  nineteenth  of  August,  one  thousand  eight  hundred  and 

34876  twenty-five. 

34877  ARTICLE  3.  The  Medawah-Kanton,  Wah-pa-coota,  Wahpe- 

34878  ton,  and  Sisseton  bands  of  the  Sioux  cede  and  relinquish  to  the 

34879  United  States  forever  a  tract  of  country  twenty  miles  in  width, 

34880  from  the  Mississippi  to  the  Demoine  River,  situate  north  and 

34881  adjoining  the  line  mentioned  in  the  preceding  article. 

348S2  ARTICLE  4.  In  consideration  of  the  cessions  and  relinquish- 

34883  ments  made  in  the  first,  second,  and  third  articles  of  this  treaty, 

34884  the  United  States  agree  to  pay  to  the  Sacs  three  thousand  dol- 

34885  lars,  and  to  the  Foxes  three  thousand  dollars ;  to  the  Sioux  of 

34886  the  Mississippi,  two  thousand  dollars ;  to  the  Yaucton  and  Sautie 

34887  bands  of  Sioux,  three  thousand  dollars ;  to  the  Omahas,  two  thou- 

34888  sand  five  hundred  dollars;  to  the  loways,  two  thousand  five  hun- 

34889  dred  dollars;  to  the  Ottoes  and  Missourias,  two  thousand  five 

34890  hundred  dollars,  and  to  the  Sacs  of  the  Missouri  Eiver,  five  hun- 

34891  dred  dollars,  to  be  paid  annually  for  ten  successive  years,  at 

34892  such  place  or  places  on  the  Mississippi  or  Missouri  as  may  be 

34893  most  convenient  to  said  tribes,  either  in  money,  merchandize,  or 

34894  domestic  animals,  at  their  option  ;  and  when  said  annuities,  or 

34895  any  portion  of  them,  shall  be  paid  in  merchandize,  the  same  is 

34896  to  be  delivered  to  them  at  the  first  cost  of  the  goods  at  St.  Louis, 

34897  free  of  transportation.     And  the  United  States  further  agree  to 

34898  make  to  the  said  tribes  and  bands  the  following  allowances  for 

34899  the  period  of  ten  years,  and  as  long  thereafter  as  the  President 

34900  of  the  United  States  may  think  necessary  and  proper,  in  addi- 

14901  tion  to  the  sums  hereinbefore  stipulated  to  be  paid  them  ;  that 

14902  is  to  say :  To  the  bands  of  the  Sioux  mentioned  in  the  third  ar- 

14903  tide,  one  blacksmith,  at  the  expense  of  the  United  States,  and 
34904  the  necessary  tools,  also  instruments  for  agricultural  purposes, 

>05  and  iron  and  steel  to  the  amount  of  seven  hundred  dollars;  to 

906  the  Yancton  and  Santie  bands  of  Sioux,  one  blacksmith,  at  the 

)07  expense  of  the  United  States,  and  the  necessary  tools,  also  in- 

34908  Btruments  for  agricultural  purposes  to  the  amount  of  four  hun- 


783 

34909  dred  dollars;  to  the  Oinahas,  one  blacksmith,  at  the  expense  of 

34910  the  United  States,  and  the  necessary  tools,  also  instruments  for 

34911  agricultural  purposes,  to  the  amount  of  five  hundred  dollars ; 

34912  to  the  loways,  an  assistant  blacksmith,  at  the  expense  of  the 

34913  United  States,  also  instruments  for  agricultural  purposes  to  the 

34914  amount  of  six  hundred  dollars ;  to  the  Ottoes  and  Missourias, 

34915  one  blacksmith,  at  the  expense  of  the  United  States,  and  the 

34916  necessary  tools,  also  instruments  for  agricultural  purposes  to 

34917  the  amount  of  five  hundred  dollars  ;  and  to  the  Sacs  of  the  Mis- 

34918  souri  River,  one  blacksmith,  at  the  expense  of  the  United  States, 

34919  and  the  necessary  tools,  also  instruments  for  agricultural  pur- 

34920  poses  to  the  amount  of  two  hundred  dollars. 

34921  ARTICLE  5.  And   the  United  States  further  agree  to  set 

34922  apart  three  thousand  dollars  annually  for  ten  successive  years, 

34923  to  be  applied,  in  the  discretion  of  the  President  of  the  United 

34924  States,  to  the  education  of  the  children  of  said  tribes  and  bands 

34925  parties  hereto. 

34926  ARTICLE  6.  The  Yaucktou  and  Santie  bands  of  the  Sioux 

34927  not  being  fully  represented,  it  is  agreed  that,  if  they  shall  sign 

34928  this  treaty,  they  shall  be  considered   as   parties   thereto,  and 

34929  bound  by  all  its  stipulations. 

34930  ARTICLE  7.  It  is  agreed  between  the  parties  hereto  that 

34931  the  lines  shall 'be  run  and  marked  as  soon  as  the  President  of 

34932  the  United  States  may  deem  it  expedient. 

34933  ARTICLE  8.  The  United  States  agree  to  distribute  between 

34934  the  several  tribes,  parties  hereto,  five  thousand   one  hundred 

34935  and  thirty-two  dollars'  worth  of  merchandize,  the  receipt  whereof 

34936  the  said  tribes  hereby  acknowledge,  which,  together  with  the 

34937  amounts  agreed  to  be  paid,  and  the  allowances  in  the  fourth 

34938  and  fifth  articles  of  this  treaty,  shall  be  considered  as  a  full 

34939  compensation  for  the  cession  and  relinquishmeuts  herein  made. 

34940  ARTICLE  9.  The  Sioux  bands  in  council  having  earnestly 

34941  solicited  that  they  might  have  permission  to  bestow  upon  the 

34942  half-breeds  of  their  nation  the  tract  of  land  within  the  following 

34943  limits,  to  wit :  Beginning  at  a  place  called  the  Barn,  below  and 

34944  near  the  village  of  the  Red  Wing  Chief,  and  running  back  fifteen 

34945  miles ;  thence  in  a  parallel  line  with  Lake  Pepiu  and  the  Missis- 

34946  sippi  about  thirty-two  miles,  to  a  point  opposite  Beef  or  O-Boeuf 

34947  River;  thence  fifteen  miles  to  the  grand  encampment  opposite 

34948  the  river  aforesaid.   The  United  States  agree  to  suffer  said  halt- 

34949  breeds  to  occupy  said  tract  of  country,  they  holding  by  the  same 

34950  title,  and  in  the  same  manner  that  other  Indian  titles  are  held. 

34951  ARTICLE  10.  The  Omahas,  loways  and  Ottoes,  for  them- 

34952  selves  and  in  behalf  of  the  Yanckton  and  Santie  bands  of  Sioux, 

34953  having  earnestly  requested  that  they  might  be  permitted  to 

34954  make  some  provision  for  their  half-breeds,  and  particularly  that 

34955  they  might  bestow  upon  them  the  tract  of  country  within  the 


784 

34956  following  limits,  to  wit:  Beginning  at  the  mouth  of  the  Little 

34957  Ne-mohaw  River  and  running  up  the  main  channel  of  said  river 

34958  to  a  point  which  will  be  ten  miles  from  its  mouth  in  a  direct 

34959  line ;  from  thence  in  a  direct  line  to  strike  the  Grand  Ne-mohaw 
34900  ten  miles  above  its  mouth  in  a  direct  line,  (the  distance  between 

34961  the  two  Ne-mohaws  being  about  twenty  miles 5)  thence  down 

34962  said  river  to  its  mouth ;  thence  up,  and  with  the  meanders  of 

34963  the  Missouri  River,  to  the  point  of  beginning,  it  is  agreed  that 

34964  the  half-breeds  of  said  tribes  and  bands  may  be  suffered  to 

34965  occupy  said  tract  of  land,  holding  it  in  the  same  manner  and  by 

34966  the  same  title  that  other  Indian  titles  are  held  ;  but  the  Presi- 

34967  dent  of  the  United  States  may  hereafter  assign  to  any  of  the  said 

34968  half-breeds,  to  be  held  by  him  or  them  in  fee-simple,  any  portion 

34969  of  said  tract  not  exceeding  a  section  of  six  hundred  and  forty 

34970  acres  to  each  individual.     And  this  provision  shall  extend  to 

34971  the  cession  made  by  the  Sioux  in  the  preceding  article. 

34972  ARTICLE  11.  The  reservation  of  land  mentioned  in  the  pre- 
34973  ceding  article  having  belonged  to  the  Ottoes,  and  having  been 

34974  exclusively  ceded  by  them,  it  is  agreed  that  the  Omahas,  the 

34975  loways,  .and  the  Yanckton  and  Santie  bands  of  Sioux  shall  pay 

34976  out  of  their  annuities  to  the  said  Ottoe  tribe,  for  the  period  of  ten 

34977  years,  three  hundred  dollars  annually,  of  which  sum  the  Omahas 

34978  shall  pay  one  hundred  dollars,  the  loways  one  hundred  dollars, 

34979  and  the  Yanckton  and  Santie  bands  one  hundred  dollars. 

34980  ARTICLE  12.  It  is  agreed  that  nothing  contained  in  the 

34981  foregoing  articles  shall  be  so  construed  as  to  affect  any  claim 

34982  or  right  in  common  which  has  heretofore  been  held  by  any 

34983  tribes,  parties  to  this  treaty,  to  any  lauds  no^  embraced  in  the 

34984  cession  herein  made,  but  that  the  same  shall  be  occupied  and 

34985  held  by  them  as  heretofore. 

34986  ARTICLE  13.  This  treaty,  or  any  part  thereof,  shall  take 

34987  effect  and  be  obligatory  upon  the  contracting  parties  so  soon 

34988  as  the  same  shall  be  ratified  by  the  President  of  the  United 

34989  States,  by  and  with  the  advice  and  consent  of  the  Senate  thereof. 

34990  Proclaimed  February  24,  1831. 

34991  SIIAWKEES. 

34992  Articles  of  a  treaty  concluded  at  the  mouth  of  the  Great  Miami,  on 

34993  the  northwestern  lank  of  the  Ohio,  the  thirty -first  day  of  Jan 
uary,  one  thousand  seven  hundred  and  eighty -six,  between  the 

34995  commissioners  plenipotentiary  of  the  United  States  of  America, 
of  the  one  part,  and  the  chiefs  and  warriors  of  the  Shawanoe 

34997  Nation,  of  the  other  part. 

ARTICLE  1.  Three  hostages  shall  be  immediately  delivered 

34999  to  the  commissioners,  to  remain  in  the  possession  of  the  United 


785 

35000  States  until  all  the  prisoners,  white  and  black,  taken  in  the  late 

35001  war  from  among  the  citizens  of  the  United  States  by  the  Shaw- 

35002  anoe  Nation,  or  by  any  other  Indian  or  Indians  residing  in  their 

35003  towns,  shall  be  restored. 

35004  ARTICLE  2.  The    Shawanoe  Nation  do'  acknowledge  the 

35005  United  States  to  be  the  sole  and  absolute  sovereigns  of  all  the 

35006  territory  ceded  to  them  by  a  treaty  of  peace  made  between  them 

35007  and  the  King  of  Great  Britain  the  fourteenth  day  of  January, 

35008  one  thousand  seven  hundred  and  eighty -four. 

35009  ARTICLE  3.  If  any  Indian  or  Indians  of  the  Shawanoe  Na- 

35010  tion  or  any  other  Indian  or  Indians  residing  in  their  towns, 

35011  shall  commit  murder  or  robbery  on,  or  do  any  injury  to,  the  citi- 

35012  zens  of  the  United  States,  or  any  of  them,  that  nation  shall  de- 

35013  liver  such  offender  or  offenders  to  the  officer  commanding  the 

35014  nearest  post  of  the  United  States,  to  be  punished  according  to 

35015  the  ordinances  of  Congress ;  and,  in  like  manner,  any  citizen 

35016  of  the  United  States  who  shall  do  an  injury  to  any  Indian  of 

35017  the   Shawanoe  Nation,  or  to  any  other  Indian  or  Indians  re- 

35018  siding  in  their  towns  and  under  their  protection,  shall  oe  pun- 

35019  ished  according  to  the  laws  of  the  United  States. 

35020  ARTICLE  4.  The  Shawanoe  Nation,  having  knowledge  of  the 

35021  intention  of  any  nation  or  body  of  Indians  to  make  war  on  the 

35022  citizens  of  the  United  States,  or  of  their  counselling  together  for 

35023  that  purpose,  and  neglecting  to  give  information  thereof  to  the 

35024  commanding  officer  of  the  nearest  post  of  the  United  States, 

35025  shall  be  considered  as  parties  in  such  war,  and  be  punished  ac- 

35026  cordiugly ;  and  the  United  States  shall  in  like  manner  inform  the 

35027  Shawanoes  of  any  injury  designed  against  them. 

35028  ARTICLE  5.  The  United  States  do  grant  peace  to  the  Shaw- 

35029  anoe  Nation,  and  do  receive  them  into  their  friendship  and  pro- 

35030  tection. 

35031  ARTICLE  6.  The  United  States  do  allot  to  the  Shawanoe 

35032  Nation  lands  within  their  territory  to  live  and  hunt  upon,  be- 

35033  ginning  at  the  south  line  of  the  lands  allotted  to  the  Wiandots 

35034  and  Delaware  Nations,  at  the  place  where  the  main  branch  of 

35035  the  Great  Miami,  which  falls  into  the  Ohio,  intersects  said  line  ; 

35036  then  down  the  river  Miami  to  the  fork  of  that  river  next  below 

35037  the  old  fort  which  was  taken  by  the  French  in  one  thousand 

35038  seven  hundred  and  fifty-two ;  thence  due  west  to  the  river  dela 

35039  Pause;    then  down  that  river  to  the  river  Wabash,  beyond 

35040  which  lines  none  of  the  citizens  of  the  United  States  shall  settle, 

35041  nor  disturb  the  Shawanoes  in  their  settlement  and  possessions ; 

35042  and  the  Shawanoes  do  relinquish  to  the  United  States  all  title, 

35043  or  pretence  of  title,  they  ever  had  to  the  lands  east,  west,  and 

35044  south,  of  the  east,  west,  and  south  lines  before  described. 

35045  ARTICLE  7.  If  any  citizen  or  citizens  of  the  United  States 

99  i  T 


786 

35046  shall  presume  to  settle  upon  the  lands  allotted  to  the  Shawanoes 

35047  by  this  treaty,  he  or  they  shall  be  put  out  of  the  protection  of 

35048  the  United  States. 

35049  Concluded  January  31,  1786. 


35050  SHAWNEES  RESIDING  WITHIN  THE  STATE  OF  MIS- 

35051  SOURL 

35052  Articles  of  a  convention  made  between   William  Clark,  superin- 

35053  tendent  of  Indian  affairs,  and  the  undersigned  chiefs  and  head- 

35054  men  of  the  Shawonee  Nation  of  Indians,  residing  within  the 

35055  State  of  Missouri,  duly  authorized  and  empowered  by  said  na- 

35056  tion,  at  the  city  of  St.  Louis,  on  the  seventh  day  of  November, 

35057  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  tiven- 

35058  ty-five. 

35050  Whereas  the  Shawnee  Indians  were  in  possession  of  a  tract 

350i;.  of  land  near  Cape  Geredeau,  in  the  State  of  Missouri,  settled 

35061  under  a  permission  from  the  Spanish  government  given  to  the 

35062  said  Shawnees  and  Delawares  by  the  Baron  De  Carondelet,  on 

35063  the  fourth  day  of  January,  one  thousand  seven  hundred  and 

35064  ninety-three,  and  recorded  in  the  office  of  recorder  of  land-titles 

35065  at  St.  Louis,  containing  about  (25)  twenty-five  miles  square, 

35066  which  said  tract  of  land  was  abandoned  by  the  Delawares,  in 

35067  the  year  1815  ;  and  from  which  the  said  Shawnees,  under  an  as- 

35068  surauce  of  receiving  other  lands  in  exchange,  did  remove,  after 

35069  having  made  valuable  and  lasting  improvements  on  the  same, 

35070  which  were  taken  possession  of  by  the  citizens  of  the  United 

35071  States  ;  and  it  being  the  desire  of  the  United  States  fully  to  in- 

35072  demnify  said  tribe  for  all  losses  and  injuries  sustained  by  them 

35073  by  reason  of  such   removal,  the  following  articles  have  been 

35074  agreed  upon  between  William  Clark,  superintendent  of  Indian 

35075  affairs,  specially  authorized,  on  the  one  part,  and  the  under- 

35076  signed  delegates  of  the  Shawnee  tribe  residing  within  the  State 

35077  of  Missouri,  on  the  other  part. 

35078  ARTICLE  1.  The  Shawnee  tribe  do  hereby  cede  and  relin- 

35079  quish  to  the  United  States  all  their  claim,  interest,  and  title  to 

35080  the  lands  on  which  they  settled  near  Cape  Geredeau,  under  an 

35081  authority  of  the  Spanish  government,  as  aforesaid,  situate,  lying, 

35082  and  being  between  the  Eiver  St.  Come  and  Cape  Geredeau,  and 

35083  bounded  on  the  east  by  the  Mississippi  and  westwardly  by  White 

35084  Water. 

35085  ARTICLE  2.  It  is  further  agreed  by  the  contracting  parties 

35086  that,  in  consideration   of  the   cession    aforesaid,   the  United 


787 

35087  States  do  hereby  agree  to  give  to  the  Shawnee  tribe  of  Indians 

35088  within  the  State  of  Missouri,  for 'themselves  and  for  those  of 

35089  the  same  nation  now  residing  in  Ohio  who  may  hereafter  emi- 

35090  grate  to  the  west  of  the  Mississippi,  a  tract  of  land  equal  to 

35091  fifty  (50)  miles  square,  situated  west  of  the  State  of  Missouri 

35092  and  within  the  purchase  lately  made  from  the  Osages  by  treaty 

35093  bearing  date  the  second  day  of  June,  one  thousand  eight  hun- 

35094  dred  and   twenty-five,  and   within   the   following  boundaries: 

35095  Commencing  at  a  point  (2)  two  miles  northwest  of  the  south- 

35096  west  corner  of  the  State  of  Missouri  5  from  thence,  north  (25) 

35097  twenty-five  miles ;  thence  west  (100)  one  hundred  miles ;  thence 

35098  south  (25)  twenty-five  miles  ;  thence  east  (100)  one  hundred  miles 

35099  to  the  place  of  beginning.     But  whereas  the  said  Shawnee  tribe 

35100  had  valuable  and  lasting  improvements  within  the  tract  of  land 

35101  hereby  ceded,  and,  moreover,  will  have  to  incur  expenses  in 

35102  their  removal,  it  is  further  stipulated  that,  for  the  purpose  of 

35103  rendering  a  fair  equivalent  for  the  losses  and  inconveniences 

35104  which  said  tribe  will  sustain  by  removal,  and  to  enable  them  to 

35105  obtain  supplies  in  their  new  settlements,  the  United  States  agree 

35106  to  pay  to  the  tribe  emigrating  from  the  lands  herein  ceded  the 

35107  sum  of  fourteen  thousand  dollars,  which  amount  shall  be  paid 

35108  to  said  party  of  the  second  part  as  soon  as  practicable  after 

35109  the  ratification  of  this  treaty ;  five  thousand  dollars  of  which 

35110  amount  shall  be  furnished  in  domestic  animals,  implements  of 

35111  husbandry,  and  provisions,  as  soon  as  the  said  tribe  remove 

35112  upon  the  lands  assigned  them. 

35113  ARTICLE  3.  It  is  further  stipulated  that  a  deputation  of 

35114  the  said  parties  of  the   second  part  may  be  sent  to    explore 

35115  the  lands  assighned  to  them  in  the  preceding  article ;  and  if  the 

35116  same  be  not  acceptable  to  them,  upon  an  examination  of  the 

35117  same,  which  shall  be  had  and  made  known  to  the  superintendent 

35118  of  Indian  affairs  at  St.  Louis  on  or  before  April  next,  who  shall, 

35119  in  lieu  thereof,  assighn  to  them  an  equal  quantity  of  land  to  be 

35120  selected  on  the  Kansas  River,  and  laid  off  either  south  or  north 

35121  of  that  river,  and  west  of  the  boundary  of  Missouri,  not  reserved 

35122  or  ceded  to  any  other  tribe. 

35123  ARTICLE  4.  It  appearing  that  the  Shawnee  Indians  have 

35124  various  claims  against  the  citizens  of  the  United  States  to  a 

35125  large  amount  for  spoliations  of  various  kinds,  but  which  they 

35126  have  not  been  able  to  support  by  the  testimony  of  white  men, 

35127  the  United  States,  in  order  to  a  final  settlement  of  all  such  claims, 

35128  do  hereby  agree  to  pay  to  the  Shawnee  Nation  the  sum  of  (11,000) 

35129  eleven  thousand  dollars,  to  be  distributed  by  them  in  such  way 

35130  as  may  be  deemed  equitable  :  and  to  support  and  keep  a  black- 

35131  smith  for  their  use  on  the  lands  hereby  assighned  for  the  term  of 

35132  five  years,  or  as  long  as  the  President  may  deem  advisable ;  and 


788 

35133  it  is  further  stipulated  that  the  United  States  shall  furnish  for 

35134  the  use  of  the  Shawnees  the  tools  necessary  for  the  blacksmith's 

35135  shop  and  (300)  three  hundred  pounds  of  iron  annually,  to  be 

35136  furnished  at  the  expense  of  the  United  States. 

35137  ARTICLE  5.  The  friendship  heretofore  existing  between  the 

35138  United  States  and  the  Shawnee  Nation  is  hereby  renewed  and 

35139  perpetuated. 

35140  ARTICLE  6.  These  articles   shall  take  eifect  and  become 

35141  obligatory  on  the  contracting  parties  so  soon  as  the  same  shall 

35142  be  ratified  by  the  President,  by  and  with  the  advice  and  consent 

35143  of  the  Senate  of  the  United  States. 

35144  Proclaimed  December  30, 1825. 

35145  Articles  of   agreement  and  convention  made  and  concluded  at 

35146  Wapaghkonnetta,  in  Hie  county  of  Allen,  and  State  of  Ohio,  on 

35147  the  eighth  day  of  August,  in  the  year  of  our  Lord  one  thousand 

35148  eight  hundred  and  thirty-one,  by  and  between  James  B.  Gardi- 

35149  ner,  especially  appointed  commissioner  on  the  part  of  the  United 

35150  States,  and  John  McElvain,  Indian  agent  for  the  Wyondots, 

35151  Senecas,  and  Shawnees  residing  in  the  State  of  Ohio,  on  the  one 

35152  part,  and  the  under  signed  principal  chiefs,  head-men,  and  warri- 

35153  ors  of  the  tribe  of  Shawnee  Indians  residing  at   Wapaghkon- 

35154  netta  and  Hog  Creelc,  within  the  territorial  limits  of  the  organ- 

35155  ized  county  of  Allen,  in  the  State  of  Ohio. 

35156  Whereas  the  President  of  the  United  States,  under  the 

35157  authority  of  the  act  of  Congress  approved  May  28,  1830,  has 

35158  appointed  a  special  commissioner  to  confer  with  the  diiferent 

35159  Indian  tribes  residing  within  the  constitutional  limits  of  the 

35160  State  of  Ohio,  and  to  offer  for  their  acceptance  the  provisions  of 

35161  the  before-recited  act ;  and 

35162  Whereas  the  tribe  or  band  of  Shawnee  Indians  residing  at 

35163  Wapaghkonnetta  and  on  Hog  Creek,  in  the  said  State,  have 

35164  expressed  their  perfect  assent  to  the  conditions  of  the  said  act, 

35165  and  their  willingness  and  anxiety  to  remove  west  of  the  Missis- 

35166  sippi  Eiver,  in  order  to  obtain  a  more  permanent  and  advan- 

35167  tageous  home  for  themselves  and  their  posterity :  Therefore, 

35168  In  order  to  carry  into  effect  the    aforesaid  objects,  the 

35169  following  articles  of  convention  have  been  agreed  upon  by  the 

35170  aforesaid  contracting  parties,  which,  when  ratified  by  the  Presi- 

35171  dent  of  the  United  States,  by  and  with  the  advice  and  consent 

35172  of  the  Senate  thereof,  shall  be  mutually  binding  upon  the  United 

35173  States  and  the  said  Shawnee  Indians : 

ARTICLE  1.  The  tribe  or  band  of  Shawnee  Indians  residing 

35175  at  Wapaghkonnetta  and  on  Hog  Creek,  in  the  State  of  Ohio,  in 

35176  consideration  of  the  stipulations  herein  made  on  the  part  of  the 


789 

35177  United  States,  do  forever  cede,  release,  and  quit-claim  to  the 

35178  United  States  the  lands  granted  to  them  by  patent  in  fee-simple 

35179  by  the   sixth   section  of  the  treaty  made  at  the  foot  of  the 

35180  rapids  of  the  Miami  River  of  Lake  Erie,  on  the  29th  day  of 

35181  September,  in  the  year  of  our  Lord  1817,  (proclaimed  January  4, 

35182  1819 ;    see  page   197,)   containing    one    hundred  and  twenty- 

35183  five  sections  or  square  miles,  and  granted  in  two  reservations, 

35184  and  described  in  said  sixth  section  of  the  aforesaid  treaty  as 

35185  follows  :  "A  tract  of  laud  ten  miles  square,  the  centre  of  which 

35186  shall  be  the  council-house  at  Wapaghkonnetta,"  and  "  a  tract  of 

35187  land  containing  twenty-five  square  miles,  which  is  to  join  the  tract 

35188  granted  at  Wapaghkonnetta,  and  to  include  the  Shawnee  settle- 

35189  inent  on  Hog  Creek,  and  to  be  laid  off  as  nearly  as  possible  in  a 

35190  square  form,"  which  said  two  tracts  or  reservations  of  land  were 

35191  granted  as  aforesaid  to  the  said  Shawnee  Indians  by  the  patents 

35192  signed  by  the  Commissioner  of  the  General  Land-Office  and 

35193  certified  by  the  Secretary  of  War,  dated  the  20th  day  of  April, 

35194  1821.     Also,  one  other  tract  of  land,  granted  to  the  said  Shaw- 

35195  nees  by  the  second  article  of  the  treaty  made  at  St.  Mary's,  in 

35196  the  State  of  Ohio,  on  the  17th  day  of  September,  (proclaimed 

35197  January  4,  1819,)  in  the  year  1818,  and  described  therein  as  fol- 

35198  lows  :  "  Twelve  thousand  eight  hundred  acres  of  land,  to  be  laid 

35199  off  adjoining  the  east  line  of  their  reserve  of  ten  miles  square  at 

35200  Wapaghkonnetta,"  making,  in  the  whole  of  the  aforesaid  ces- 

35201  sions  to   the  United    States  by  the  aforesaid   Shawnees,   one 

35202  hundred  and  forty-five  sections  or  square  miles,  which  includes 

35203  all  the  land  now  owned  or  claimed  by  the  said  band  or  tribe  of 

35204  Shawnees  in  the  State  of  Ohio. 

35205  ARTICLE  2.  In  consideration  of  the  cessions  stipulated  in 

35206  the  foregoing  article,  the  United  States  agree  to  cause  the  said 

35207  tribe  or  band  of  Shawnees,  consisting  of  about  four  hundred 

35208  souls,  to  be  removed,  in  a  convenient  and  suitable  manner,  to  the 

35209  western  side  of  the  Mississippi  River,  and  will   grant  by  patent 

35210  in  fee-simple  to  them  and  their  heirs  forever,  as  long  as  they 

35211  shall  exist  as  a  nation  and  remain  upon  the  same,  a  tract  of  laud 

35212  to  contain  one  hundred  thousand  acres,  to  be  located,  under  the 

35213  direction  of  the  President  of  the  United  States,  within  the  tract 

35214  of  land  equal  to  fifty  miles  square,  which   was  granted  to  the 

35215  Shawnee  Indians  of  the  State  of  Missouri  by  the  second  article 

35216  of  a  treaty  made  at  the  city  of  Saint  Louis,  in  said  State,  with 

35217  the  said  Shawnees  of  Missouri,  by  William  Clark,  superintendent 

35218  of  Indian  affairs,  on  the  7th  day  of  November,  in  the  year  1825, 

35219  and  in  which  it  is  provided  that  the  grant  aforesaid  shall  be  for 

35220  the  Shawnee  tribe  of  Indians  within  the  State  of  Missouri,  "and 

35221  for  those  of  the  same  nation  now  residing  in  Ohio  who  may  here- 

35222  after  emigrate  to  the  west  of  the  Mississippi;"   but  if  there 


790 

35223  should  not  be  a  sufficiency   of  good  land  unoccupied  by  the 

35224  Shawnee  Indians  who  have  already  settled  on  the  tract  granted 

35225  as  aforesaid  by  the  said  treaty  of  Saint  Louis,  then  the  tract  of 

35226  one  hundred  thousand  acres  hereby   granted  to  the  said  Shaw- 

35227  nees  of  Ohio,  parties  to  this  compact,  shall  be  located  under  the 

35228  direction  of  the  President  of  the  United  States  on  lands  contig- 

35229  uous  to  the  said  Shawnees  of  Missouri,  or  on  any  other  unappro- 

35230  priated  lands  within  the  district  of  country  designed  for  the 

35231  emigrating  Indians  of  the  United  States. 

35232  ARTICLE  3.  The  United  States  will  defray  the  expenses  of 

35233  the  removal  of  the  said  baud  or  tribe  of  Shawnees,  and  will, 

35234  moreover,  supply  them  with  a  sufficiency  of  good  and  wholesome 

35235  provisions  to  support  them  for  one  year  after  their  arrival  at 

35236  their  new  residence. 

35237  ARTICLE  4.  Out  of  the  first  sales  to  be  made  of  the  lands 

35238  herein  ceded  by  the  said  Shawuees,  the  United  States  will  cause 

35239  a  good  and  substantial  saw-mill  and  a  grist-mill,  built  in  the 

35240  best  manner,  and  to  contain  two  pair  of  stones  and  a   good 

35241  bolting-cloth,  to  be  erected  on  the  lands  granted  to  the  said 

35242  Shawnees  west  of  the  Mississippi,  and  said  mills  shall  be  solely 

35243  for  their  use  and  benefit.     The  United  States  will,  out  of  the 

35244  sales  of  the  ceded  lands,  as  aforesaid,  cause  a  blacksmith-shop 

35245  (to  contain  all  the  necessary  tools)  to  be  built  for  the  said  Shaw- 

35246  nees  at  their  intended  residence,  and  a  blacksmith  shall  be  em- 

35247  ployed  by  the  United  States,  as  long  as  the  President  thereof 

35248  may  deem  proper,  to  execute  all  necessary  and  useful  work  for 

35249  said  Indians. 

35250  ARTICLE  5.  In  lieu  of  the  improvements  which  have  been 

35251  made  on  the  lands  herein  ceded,  it  is  agreed  that  the  United 

35252  States  shall  advance  to  the  said  Shawnees,  (for  the  purpose  of 

35253  enabling  them  to  erect  houses  and  open  farms  at  their  intended 

35254  residence,)  the  sum  of  thirteen  thousand  dollars,  to  be  re-im- 

35255  bursed  from  the  sales  of  the  lands  herein  ceded  by  them  to  the 

35256  United  States.    A  fair  and  equitable  distribution  of  this  sum 

35257  shall  be  made  by  the  chiefs  of  the  said  Shawnees,  with  the  con- 

35258  sent  of  the  people,  in  general  council  assembled,  to  such  indi- 

35259  viduals  of  their  tribe  who  have  made  improvements  on  the  lauds 

35260  herein  ceded,  and  may  be  properly  entitled  to  the  same. 

35261  ARTICLE  6.    The   farming-utensils,  live-stock,  and    other 

35262  chattel  property  which  the  said  Shawnees  now  own,  and  may 

35263  not  be  able  to  carry  with  them,  shall  be  sold,  under  the  superin- 

35264  tendance  of  some  suitable  person,  appointed  by  the  Secretary 

35265  of  War  for  that  purpose,  and  the  proceeds  paid  over  to  the 

35266  owners  of  such  property  respectively. 

35267  ARTICLE  7.  The  United  States  will  expose  to  public  sale,  to 

35268  the  highest  bidder,  in  the  manner  of  selling  the  public  lands, 


791 

35269  the  tracts  of  land  herein  ceded  by  the  said  Shawnees.     And 

35270  after  deducting  from  the  proceeds  of  such  sales  the  sum  of  sev- 

35271  enty  cents  per  acre,  exclusive  of  the  cost  of  surveying,  the  cost 

35272  of  the  grist-mill,  saw-mill,  and  blacksmith-shop,  and  the  afore- 

35273  said  sum  of  thirteen  thousand  dollars,  to  be  advanced  in  lieu  of 

35274  improvements,  it  is  agreed  that  any  balance  which  may  remain 

35275  of  the  avails  of  the  lands  after  sale,  as  aforesaid,  shall  constitute 

35276  a  fund  for  the  future  necessities  of  said  tribe,  parties  to  this 

35277  compact,  on  which  the  United  States  agree  to  pay  to  the  chiefs, 

35278  for  the  use  and  general  benefit  of  their  people,  annually,  five 

35279  per  centum  on  the  amount  of  said  balance,  as  an  annuity,  said 

35280  fund  to  be  continued  during  the  pleasure  of  Congress,  unless 

35281  the  chiefs  of  the  said  tribe  or  band,  by  and  with  the  consent  of 

35282  their  people,  in  general  council  assembled,  should  desire  that  the 

35283  fund  thus  to  be  created  should  be  dissolved  and  paid  over  to 

35284  them,  in  which  case  the  President  shall  cause  the  same  to  be  so 

35285  paid,  if,  in  his  discretion,  he  shall  believe  the  happiness  and 

35286  prosperity  of  said  tribe  would  be  promoted  thereby. 

35287  ARTICLE  8.  It  is  agreed  that  any  annuities  accruing  to  the 

35288  said  baud  or  tribe  of  Shawnees  by  former  treaties  shall  be  paid 
85289  to  them  at  their  intended  residence  west  of  the  Mississippi,  un- 

35290  der  the  direction  of  the  President. 

35291  ARTICLE  0.    In   consideration   of  the   good   conduct  and 

35292  friendly  dispositions  of  the  said  band  of  Sbawnees  towards  the 

35293  American  Government,  and  as  an  earnest  of  the  kind  feelings 

35294  and  good  wishes  of  the  people  oi  the  United  States,  for  the  fu- 

35295  ture  welfare  and  happiness  of  the  said  Shawnees,  it  is  agreed 

35296  that  the  United  States  will  give  them  as  presents  the  following 

35297  articles,  to  be  fairly  divided  by  the  chiefs  among  their  people 

35298  according   to   their  several   necessities,   to  wit:    two  hundred 

35299  blankets,  forty  ploughs,  forty  sets  of  horse-gears,  one  hundred 

35300  and  fifty  hoes,  fifty  axes,  and  Russia  sheeting  sufficient  for  fifty 

35301  tents  ;  the»whole  to  be  delivered  to  them  as  soon  as  practicable 

35302  after  their  arrival  at  tlieir  new  residence,  except  the  blankets 

35303  and  Russia  sheeting,  which  shall  be  given  previously  to  their 

35304  removal. 

35305  ARTICLE  10.  The  lands  granted  by  this  agreement  and  coii- 

35306  vention  to  the  said  band  or  tribe  of  Shawnees  shall  not  be  sold 

35307  nor  ceded   by  them,  except  to  the  United  States.    And  the 

35308  United  States  guarantee  that  said  lands  shall  never  be  within 

35309  the  bounds  of  any  State  or  Territory,  nor  subject  to  the  laws 

35310  thereof ;  and  further,  that  the  President  of  the  United  States 

35311  will  cause  said  tribe  to  be  protected  at  their  intended  residence 

35312  against  all  interruption  or  disturbance  from  any  other  tribe  or 

35313  nation  of  Indians,  or  from  any  other  person  or  persons  what- 

35314  ever,  and  he  shall  have  the  same  care  and  superintendence  over 


792 

35315  them  in  the  country  to  which  they  are  to  remove  that  he  has 

35316  heretofore  had  o^er  them  at  their  present  place  of  residence. 

35317  ARTICLE  11.  It  is  understood  by  the  present  contracting 

35318  parties  that  any  claims  which  Francis  Duchouquet  may  have 

35319  under  former  treaties  to  a  section  or  any  quantity  of  the  lands 

35320  herein  ceded  to  the  United  States  are  not  to  be  prejudiced  by 

35321  the  present  compact,  but  to  remain  as  valid  as  before. 

35322  ARTICLE  12.  In  addition  to  the  presents  given  in  the  ninth 

35323  article  of  this  convention,  it  is  agreed  that  there  shall  also  be 

35324  given  to  the  said  Shawnees  twenty-five  rifle-guns,  to  be  distrib- 

35325  uted  in  the  manner  provided  in  said  ninth  article. 

35326  ARTICLE  13.  At  the  request  of  the  chiefs,  there  is  granted 

35327  to  Joseph  Parks,  a  quarter-blooded   Shawnee,  one  section  of 

35328  laud,  to  contain  six  hundred  and  forty  acres,  and  to  include  his 

35329  present  improvements,  at  the  old  town  near  Wapaghkounetta, 

35330  in  consideration  of  his  constant  friendship  and  many  charitable 

35331  and  valuable  services  towards  the  said  Shawnees ;  and  at  the 

35332  request  of  the  chiefs  it  is  also  stipulated  that  the  price  of  an 

35333  average  section  of  the  lands  herein  ceded  shall  be  reserved  in 

35334  the  hands  of  the  Government,  to  be  paid  to  their  friends,  the 

35335  Shawnees  who  now  reside  on  the  river  Huron,  in  the  Territory 

35336  of  Michigan,  for  the  purpose  of  bearing  their  expenses  should 

35337  they  ever  wish  to  follow  the  Shawnees  of  Wapaghkounetta  and 

35338  Hog  Creek  to  their  new  residence  west  of  the  Mississippi. 

35339  ARTICLE  14.  At  the  request  of  the  chiefs,  it  is  agreed  that 

35340  they  shall  be  furnished  with  two  cross-cut  saws  for  the  use  of 

35341  their  tribe ;    and  also  that  they  shall  receive  four  grindstones 

35342  annually  for  the  use  of  their  people,  to  be  charged  upon  the  sur- 

35343  plus  fund,  and  they  shall  further  receive,  as  presents,  ten  haiid- 

35344  saws,  ten  drawing-knives,  twenty  files,  fifty  gimlets,  twenty  au- 

35345  gurs  of  different  sizes,  ten  planes  of  different  sizes,  two  braces 

35346  and  bits,  four  hewing-axes,  two  dozen  scythes,  five  frows,  and 

35347  five  grubbing-hoes. 

35348  Proclaimed  April  6,  1832. 

35349  FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 

35350  to  all  and  singular  to  whom  these  presents  shall  come, 

35351  greeting : 

35352  Whereas  a  treaty  was  made  and  concluded  on  the  tenth 

35353  day  of  May,  one  thousand   eight   hundred   and  fifty-four,  by 

35354  George  W.  Manypeuny,  commissioner  on  the  part  of  the  United 

35355  States,   and   the  following-named    delegates  representing  the 

35356  bands  of  Shawuees  who  were  parties  to  the  treaties  of  seventh 

35357  November,  one  thousand  eight  hundred  and  twenty-five,  and 

35358  eighth  of  August,  one  thousand  eight  hundred  and  thirty-one, 

35359  viz:  Joseph  Parks,  Black  Hoof,  George  McDougal,  Longtail, 


793 

35360  George  Blue  Jacket,  Graham  Rogers,  Wah-wah-che-pa-e-kar, 

35361  or  Black  Bob,  and  Henry  Blue  Jacket,  thereto  duly  authorized 

35362  by  said  tribe,  which  treaty  is  in  the  words  following,  to  wit : 

35363  Articles  of  agreement  and  convention  made  and  concluded  at 

35364  the  city  of  Washington  this  tenth  day  of  May,  one  thou- 

35365  sand  eight  hundred  and  fifty-four,  by  George  W.  Many- 

35366  penny,  as  commissioner  on  the  part  of  the  United  States, 

35367  and  the  following-named  delegates,  representing  the  bands 

35368  of  Shawnees  who  were  parties  to  the  treaties  of  seventh  of 

35369  November,  one  thousand  eight  hundred  and  twenty-five, 

35370  and  eighth  of  August,  one  thousand  eight  hundred  and 

35371  thirty-one,  viz :  Joseph  Parks,  Black  Hoof,  George  McDou- 

35372  gal,  Longtail,  George  Blue  Jacket,  Graham  Rogers,  Wa- 

35373  wah-che-pa-e-kar,  or  Black  Bob,  and  Henry  Blue  Jacket, 

35374  they  being  thereto  duly  authorized  by  the  now  united  tribe 

35375  of  said  Shawnee  Indians. 

35376  ARTICLE  1.  The  Shawnee  tribe  of  Indians  hereby  cede  and 

35377  convey  to  the  United  States  all  the  tract  of  country  lying  west 

35378  of  the  State  of  Missouri,  which  was  designated  and  set  apart 

35379  for  the  Shawnees  in  fulfilment  of,  and  pursuant  to,  the  second 

35380  and  third  articles  of  a  convention  made  between  William  Clark, 

35381  superintendent  of  Indian  affairs,  and  the  chiefs  and  head-men 

35382  of  the  Shawnee  Nation  of  Indians,  at  St.  Louis,  on  the  seventh 

35383  day  of  November,  one  thousand  eight  hundred  and  twenty-five, 

35384  (proclaimed  December  30,  1825 ;  see  page  786,)  which  said  tract 

35385  was  conveyed  to  said  tribe  (subject  to  the  right  secured  by  the 

35386  second  article  of  the  treaty  made  at  Wapaghkonetta,  on  the 

35387  eighth  day  August,  one  thousand  eight  hundred  and  thirty-one,) 

35388  (proclaimed  April  6, 1832 ;  see  page  788,)  by  John  Tyler,  Pres- 

35389  ident  of  the  United  States,  by  deed  bearing  date  the  eleventh  day 

35390  of  May,  one  thousand  eight  hundred  and  forty-four — said  tract 

35391  being  described  by  metes  and  bounds  as  follows :  "  Beginning  at 

35392  a  point  in  the  western  boundary  of  the  State  of  Missouri,  three 

35393  miles  south  of  where  said  boundary  crosses  the  mouth  of  Kansas 

35394  River;  thence  continuing  south  and  coinciding  with  said  boundary 

35395  for  twenty-five  miles;  thence  due  west  one  hundred  and  twenty 

35396  miles ;  thence  due  north,  until  said  line  shall  intersect  the  southern 

35397  boundary  of  the  Kansas  reservation ;  thence  due  east,  coinciding 

35398  with  the  southern  boundary  of  said  reservation,  to  -the  ter- 

35399  miuation  thereof;  thence  due  north,  coinciding  with  the  eastern 

35400  boundary  of  said  reservation,  to  the  southern  shore  of  the  Kansas 

35401  River ;  thence  along  said  southern  shore  of  said  river,  to  where 

35402  a  line  from  the  place  of  beginning  drawn  due  west  shall  intersect 

35403  the  same  '7 — estimated  to  contain  sixteen  hundred  thousand  acres, 

35404  more  or  less. 

35405  ARTICLE  2.  The  United  States  hereby  cede  to  the  Shawnee 

100  IT 


794 

35406  Indians  two  hundred  thousand  acres  of  land,  to  be  selected 

35407  between  the  Missouri  State  line,  and  a  line  parallel  thereto,  and 

35408  ttest  of  the  same,  thirty  miles  distant;  which  parallel  line  shall 

35409  be  drawn  from  the  Kansas  Eiver  to  the  southern  boundary-line 

35410  of  the  country  herein  ceded:  Provided,  however,  That  the  few 

35411  families  of  Shawnees  who  now  reside  on  their  own  improve- 

35412  incuts  in  the  ceded  country  west  of  said  parallel  line,  may,  if 

35413  they  desire  to  remain,  select  there  the  same  quantity  of  land  for 

35414  each  individual  of  such  family,  which  is  hereinafter  provided 

35415  for  those  Shawuees  residing  east  of  said  parallel  line — the  said 
3541G  selection,  in  every  case,  being  so  made  as  to  include  the  present 

35417  improvement  of  each  family  or  individual.     Of  the  lands  lying 

35418  east  of  the  parallel  line  aforesaid,  there  shall  first  be  set  apart  to 
3o419  the  Missionary   Society   of  the  Methodist  Episcopal  Church 

35420  South,  to  include  the  improvements  of  the  Indian  manual-labor 

35421  school,  three  sections  of  land ;  to  the  Friends'  Shawnee  labor- 

35422  school,  including  the  improvements  there,  three  hundred  and 
,"•5423  twenty  acres  of  land;  and  to  the  American  Baptist  Missionary 
."5124  Union,  to  include  the  improvements  where  the  superintendent 

35425  of  their  school  now  resides,  one  hundred  and  sixty  acres  of  land  ; 

35426  also  five  acres  of  land  to  the  Shawnee  Methodist  Church,  in- 

35427  eluding  the  meeting-house  and  graveyard ;  and  two  acres  of 

35428  laud  to  the  Shawnee  Baptist  Church,  including  the  meeting- 

35429  house  and  graveyard.    All  the  land  selected,  as  herein  provided, 

35430  west  of  said  parallel  line,  and  that  set  apart  to  the  respective 

35431  societies  for  schools,  and  to  the  churches  before  named,  shall  be 

35432  considered  as  part  of  the  two  hundred  thousand  acres  reserved 

35433  by  the  Shawnees. 

35434  All  Shawnees  residing  cast  of  said  parallel  line  shall  be  en- 

35435  titled  to,  out  of  the  residue  of  said  two  hundred  thousand  acres, 

35436  if  a  single  person,  two  hundred  acres,  and  if  the  head  of  a  family, 

35437  a  quantity  equal  to  two  hundred  acres  for  each  member  of  his 

35438  or  her  family — to  include,   in    every   case,   the  improvement 

35439  on  which  such  person  or  family  now  resides;   and. if  two  or 

35440  more  persons  or  families  occupy   the   same  improvement,  or 

35441  occupy  different  improvements    in    such   close  proximity  that 

35442  all  of  such  persons  or  families  cannot  have  the  quantity  of 

35443  laud  (to  include  their  respective   improvements)   which  they 

35444  .ire  entitled  to,  and  if  in  such   cases   the  parties   should  be 

35445  unable  to  make  an  amicable  arrangement  among  themselves, 

35446  the    oldest    occupant    or    settler    shall    have    the    right   to 

35447  locate  his  tract  so  as  to  include  said  improvements,  and  the 

35448  others  must  make  a  selection  elsewhere,  adjoining  some  Shaw- 

35449  nee  settlement;  and  in  every  such  case  the  person  or  family  re- 

35450  taining  the  improvement  shall  pay  those  leaving  it  for  the  in- 

35451  terestof  the  latter  Jherein— the  value  of  the  same  to  be  fixed, 


795 

35452  when  the  parties  cannot  agree  thereupon,  by  such  tribunal,  and 

35453  in  such  mode,  as  may  be  prescribed  by  the  Shawnee  council, 

35454  with  the  consent  of  the  United  States  agent  for  that  tribe. 

35455  The  privilege  of  selecting  lands  under  this  provision  shall 

35456  extend  to  every  head  of  a  family  who,  although  not  a  Shawnee, 

35457  may  have  been  legally  married  to  a  Shawnee,  according  to  the 

35458  customs  of  that  people,  and  adopted  by  them  ;  and  to  all  minor 

35459  orphan  children  of  Shawnees,  and  of  persons  who  have  been 

35460  adopted  as  Shawuees,  who  shall  not  have  received  their  shares 

35461  with  any  family;  and  all  incompetent  persons  shall  have  selec- 

35462  tions  made  for  them  adjacent,   or  as  near  as  practicable,  to 

35463  their  friends  or  relatives,  which  selections  shall  be  made  by 

35464  some  disinterested  person  or  persons,  appointed  by  the  Shawnee 

35465  council,  and  approved  by  the  United  States  agent.    In  the  set- 

35466  tlement  known  as  Black  Bob's  settlement,  in  which  he  has  an 

35467  improvement  whereon  he  resides ;  and  in  that  known  as  Long 

35468  Tail's  settlement,  in  which  he  has  an  improvement  whereon  he 

35469  resides,  there  are  q  number  of  Shawnees  who  desire  to  hold 

35470  their  lands  in  common ;  it  is  therefore  agreed  that  all  Shaw- 

35471  uees,  including  the  persons  adopted  as  aforesaid,  and  incoinpe- 

35472  tent  persons,  and  minor  orphan  children,  who  reside  in  said  set- 

35473  tlements  respectively,  and  all  who  shall,  within  sixty  days  after 

35474  the  approval  of  the  surveys  hereinafter  provided  for,  signify  to 

35475  the  United  States  agent  their  election  to  join  either  of  said  co.m- 

35476  inanities  and  reside  with  them,  shall  have  a  quantity  of  land 

35477  assigned  and  set  off  to  them,  in  a  compact  body,  at  each  of 

35478  the  settlements  aforesaid,  equal  to  two  hundred  acres  to  every 

35479  individual  in   each   of    said   communities.      A  census  of  the 

35480  Shawnees  residing   at  each  of  these  settlements,  and  of  the 

35481  minor  orphan  children  of  their  kindred,  and  of  those  electing  to 

35482  reside  in  said  communities,  shall  be  taken  by  the  United  States 

35483  agent  for  the  Shawnees,  in  order  that  a  quantity  of  land  equal 

35484  to  two  hundred  acres  for  each  person  may  be  set  off  and  allot- 

35485  ted  them,  to  hold  in  common  as  aforesaid.    After  all  the  Shaw- 

35486  nees,  and  other  persons  herein  provided  for,  shall  have  re- 

35487  ceived  their  shares  of  the  two  hundred  thousand  acres  of  land 

35488  reserved,  it  is  anticipated  that  there  will  still  be  a  residue ; 

35489  and  as  there  are  some  Shawuees  who  have  been  for  years  sepa- 

35490  rated  from  the  tribe,  it  is  agreed  that  whatever  surplus  re- 

35491  mains,  after  provision  is  made  for  all  present  members  of  the 

35492  tribe,   shall  be  set  apart,   in  one  body  of  land,  in  compact 

35493  form,  under  the  direction  of  the  President  of  the  United  States; 

35494  and  all  such  Shawnees  as  return  to  and  unite  with  the  tribe, 

35495  within  five  years  from  the  proclamation  of  this  instrument. 

35496  shall  be  entitled  to  the  same  quantity  of  lands  out  of  said  sur- 

35497  pins,  and  in  the  same  manner,  and  subject  to  the  same  limita- 


796 

35498  tions  and  provisions,  as  are  hereinbefore  made  for  those  now  mem- 

35499  bers  of  the  said  tribe;  and  whatever  portion  of  said  surplus  re- 

35500  mains  unassigned,  after  the  expiration  of  said  five  years,  shall  be 

35501  sold  as  hereinafter  provided.    The  proceeds  of  all  such  sales 

35502  shall  be  retained  in  the  Treasury  of  the  United  States  until  the 

35503  expiration  of  ten  years  from  the  proclamation  of  this  instrument, 

35504  after  which  time,  should  said  absent  Shawnees  not  have  returned 

35505  and  united  with  the  tribe,  all  the  moneys  then  in  the  Treasury, 
3550G  or  that  may  thereafter  be  received  therein,  as  proceeds  of  the 

35507  sales  of  such  surplus  land,  shall  be  applied  to,  or  invested  for, 

35508  such  beneficial  or  benevolent  objects  among  the  Shawnees  as 

35509  the  President  of  the  United  States,  after  consulting  with  the 

35510  Shawnee  council,  shall  determine;  and  should  any  such  absent 

35511  Shawnees  return  and  unite  with  said  tribe,  after  the  expiration 

35512  of  the  period  of  five  years  hereinbefore  mentioned,  and  before 

35513  the  expiration  of  the  said  period  of  ten  years,  the  proper  portion 

35514  of  any  of  said  residue  of  lands  that  then  may  remain  unsold 

35515  shall  be  assigned  to  such  persons ;  and  if  all  said  lands  have  been 
3551G  disposed  of.  an  equitable  payment  in  money  shall  be  made  to 

35517  them  out  of  the  proceeds  of  the  said  sales.     The  aforesaid 

35518  assignments  and  selections  of  lands  in  the  tract  lying  between 

35519  the  Missouri  State-line  and  the  said  parallel  line  shall  be  made 

35520  within  ninety  days  after  the  approval  of  the  survey  of  said  tract, 

35521  and  if  there  be  any  individuals  recognized  as  at  present  entitled 

35522  to  lands  therein,  under  the  provisions  of  this  article,  who  shall 

35523  not  have  selected,  or  had  selected  for  them,  within  said  ninety 

35524  days,  their  proper  shares  of  laud,  the  Shawnee  council  shall 

35525  select  one  or  more  disinterested  persons,  who  shall,  immediately 
3552G  after  the  expiration  of  such  ninety  days,  make  selections  of  lands 

35527  for  them,  in  the  same  manner  and  subject  to  the  same  restric- 

35528  tious  as  hereinbefore  provided  for  minor  orphan  children  not 

35529  members  of  a  family,  and  for  incompetent  persons.    And  those 

35530  residing  on  improvements  west  of  the  said  parallel  line  shall, 

35531  within  sixty  days  after  the  approval  of  the  survey  of  the  lands 

35532  on  which  they  live,  make  the  selections  of  lands  as  and  to  the 

35533  amount  they  are  hereinbefore  authorized  to  do.     It  is  agreed 

35534  that  all  the  tracts  of  land  in  this  article  assigned,  or  provided 

35535  to  be  assigned  or  selected,  shall  be  assigned  and  selected  according 

35536  to  the  legal  subdivisions  of  United  States  lands,  and  according 

35537  to  the  laws  of  the  United  States  respecting  the  entry  of  public 

35538  lands,  so  far  as  said  laws  are  applicable;  and  no  portion  of  this 

35539  instrument  shall  be  so  construed  as  to  nullify  or  impair  this 

35540  stipulation.    And  the  said  Indians  hereby  cede,  relinquish,  and 

35541  convey  to  the  United  States  all  tracts  or  parcels  of  land  which 

35542  may  be  sold,  or  are  required  to  be  sold,  in  pursuance  of  any 

35543  article  of  this  instrument. 


797 

35544  ARTICLE  3.  In  consideration  of  the  cession  and  sale  herein 

35545  made,  the  United  States  agree  to  pay  to  the  Shawnee  people, 

35546  the  sum  of  eight  hundred  and  twenty-nine  thousand  dollars,  in 

35547  manner  as  follows,  viz  :  Forty  thousand  dollars  to  be  invested 

35548  by  the  United  States  at  a  rate  of  interest  not  less  than  five  per 

35549  centum  per  annum,  which,  as  it  accrues,  is  to  be  applied  to  the 

35550  purposes  of  education  5  that  amount,  with  the  addition  of  the 

35551  three  thousand  dollars  of  perpetual  annuities  provided  by  the 

35552  treaties  of  August  third,  one  thousand  seven  hundred  and  uinety- 

35553  five,  and  September  twenty-ninth,  one  thousand  eight  hundred 

35554  and  seventeen,  and  now  hereby  agreed  to  be  likewise  so  applied, 

35555  together  with  the  sum  to  be  paid  by  the  Missionary  Society  of 

35556  the  Methodist  Episcopal  Church,  South,  as  hereinafter  provided, 

35557  being  deemed  by  the  Shawnees  as  sufficient,  for  the  present,  for 

35558  such  purposes ;  seven  hundred  thousand  dollars,  to  be  paid  in 

35559  seven  equal  annual  instalments,  during  the  mouth  of  October  of 

35560  each  year,  commencing  with  the  year  one  thousand  eight  hun- 

35561  dred  and  fifty-four ;  and  the  residue  of  eighty-nine  thousand 

35562  dollars  to  be  paid  within  the  same  month  of  the  year,  after  the 

35563  termination  of  that  period. 

35564  ARTICLE  4.  Those  of  the  Shawnees  who  may  elect  to  live 

35565  in  common  shall  hereafter  be  permitted,  if  they  so  desire,  to 

35566  make  separate  selections  within  the  bounds  of  the  tract  which 

35567  may  have  been  assigned  to  them  in  common ;  and  such  selec- 

35568  tions  shall  be  made  in  all  respects  in  conformity  with  the  rule 

35569  herein  provided  to  govern  those  who  shall,  in  the  first  instance, 

35570  make  separate  selections. 

35571  ARTICLE  5.  The  lands  heretofore  described  lying  between 

35572  the  Missouri  State-line  and  the  parallel  line  thirty  miles  west  of 

35573  it,  as  soon  after  the  ratification  of  this  instrument  as  can  con- 

35574  veniently  be  done,  shall  be  surveyed,  in  the  same  manner  as  the 

35575  public  lands  of  the  United  States  are  surveyed,  the  expenses 

35576  thereof  to  be  borne  by  the  Shawnees  and  the  United  States  in 

35577  due  proportion ;  and  no  white  persons  or  citizens  shall  be  permit- 

35578  ted  to  make  locations  or  settlements  within  said  limits  until 

35579  after  all  the  lands  shall  have  been  surveyed,  and  the  Shawnees 

35580  shall  have  made  their  selections  and  locations,  and  the  Presi- 

35581  dent  shall  have  set  apart  the  surplus. 

35582  ARTICLE  6.  The  grants  of  laud  above  made  to  missionary 

35583  societies  and  churches  shall  be  subject  to  these  conditions  :   The 

35584  grant  to  the  Missionary  Society  of  the   Methodist  Episcopal 

35585  Church,  South,  at  the  Indian  manual-labor  school,  shall  be 

35586  confirmed  to   said    society,   or  to  such  person  or  persons  as 

35587  may  be  designated  by  it,  by  patent  from  the  President  of  the 

35588  United  States,  upon  the  allowance  to  the  Shawnees,  by  said 

35589  society,  of  ten  thousand  dollars,  to  be  applied  to  the  education 


798 

35590  of  their  youth  ;  which  it  has  agreed  to  make.     The  grants  for 

35591  the  schools  established  by  the  Baptists  and  Friends  shall  be 

35592  held  by  their  respective  boards  of  missions,  so  long  as  those 

35593  schools  shall  be  kept  by  them  ;  when  no  longer  used  for  such 

35594  purpose  by  said  boards,  the  lands,  with  the  improvements, 

35595  shall,  under  the  direction  of  the  President,  be  sold  at  public 

35596  sale  to  the  highest  bidder,  upon  such  terms  as  he  may  prescribe, 

35597  the  proceeds  to  be  applied  by  the  Shawnees  to  such  general 

35598  beneficial  and  charitable  purposes  as  they  may  wish  :  Provided, 

35599  That  the  improvements  shall  be  valued,  and  the  valuation  de- 

35600  ducted  from  the  proceeds  of  sale,  and  returned  to  said  boards 

35601  respectively. 

35602  ARTICLE  7.  Inasmuch  as  Joseph  Parks  and  Black  Hoof, 

35603  who  have  in  times  past  rendered  important   services  to  the 

35604  Shawnee  Nation,  would  not,  by  reason  of  the  small  number  of  per- 

35605  sons.m  their  families,  be  entitled  under  the  provisions  of  Article 

35606  2  to  a  quantity  of  land  equal  to  that  which  will  be  generally 

35607  received  by  the  other  members  of  the  tribe,  it  is  agreed,  at  the 

35608  request  of  the  Shawnees,  that  Joseph  Parks,  in  lieu  of  the  land 

35609  which  he  would  have  a  right  to  select  under  the  provisions  of 

35610  Article  2,  shall  have  a  quantity  of  land  equal  to  two  sections,  or 

35611  twelve  hundred  and  eighty  acres,  to  include  his  present  residence 

35612  and  improvement";  and  Black  Hoof,  in  lieu  of  that  which  he 

35613  would  have  a  right  to  select  as  aforesaid,  shall  have  a  quantity 

35614  of  land  equal  to  one  section,  or  six  hundred  and  forty  acres, 

35615  to  include  his  present  residence  and  improvement;  and  they 

35616  shall  make  selection  of  the  land  hereby  granted  them  in  the  same 

35617  manner  and  subject  to  the  same  limitations  as  are  prescribed  in 

35618  Article  2,  for  such  as  shall  make  separate  selections,  in  severalty, 

35619  under  the  provisions  thereof. 

35620  ARTICLE  8.  Such  of  the  Shawnees  as  are  competent  to  man- 

35621  age  their  affairs  shall  receive  their  portions  of  the  aforementioned 

35622  annual  instalments  in  money.     But  the  portions  of  such  as  shall 

35623  be  found  incompetent  to   manage  their  affairs,  whether  from 

35624  drunkenness,  depravity,  or  other  cause,  shall  be  disposed  of  by 

35625  the  President  in  that  manner  deemed  by  him  best  calculated  to 

35626  promote  their  interests  and  the  comfort  of  their  families,  the 

35627  Shawnee  council  being  first  consulted  with  respect  to  such  per- 

35628  sons,  whom  it  is  expected  they  will  designate  to  their  agent. 

35629  The  portions  of  orphan  children  shall  be  appropriated  by  the 

35630  President  in  the  manner  deemed  by  him  best  for  their  interests. 

35631  ARTICLE  9.  Congress  may  hereafter  provide  for  the  issuing, 

35632  to  such  of  the  Shawnees  as  may  make   separate  selections, 

35633  patents  for  the  same,  with  such  guards  and  restrictions  as  may 

35634  seem  advisable  for  their  protection  therein. 

35635  ARTICLE  10.  No  portion  of  the  money  stipulated  by  this 


799 

35636  instrument  to  be  paid  to  the  Shawnees  shall  be  taken  by  the 

35637  Government  of  the  United  States,  by  its  agent  or  otherwise,  to 
35038  pay  debts  contracted  by  the  Shawnees,  as  private  individuals, 
35G30  nor  any  part  thereof  for  the  payment  of  national  debts  or  obli- 

35640  gations  contracted  by  the  Shawnee  chiefs  or  council :  Provided, 

35641  That  this  article  shall  not  be  construed  to  prohibit  the  council 

35642  from  setting  apart  a  portion  of  any  annual  payment,  for  purposes 

35643  strictly  national  in  their  character,  and  for  the  payment  of  na- 

35644  tional  or  tribal  debts,  first  to  be  approved  by  the  President. 

35645  ARTICLE  11.  It  being  represented  that  many  of  the  Shaw- 

35646  nees  have  sustained  damage  in  the  loss  and  destruction  of  their 

35647  crops,  stock,  and  other  property,  and  otherwise,  by  reason  of  the 

35648  great  emigration  which  has  for  several  years  passed  through  their 

35649  country,  and  of  other  causes,  in  violation,  as  they  allege,  of 

35650  guaranties  made  for  their  protection  by  the  United  States,  it  is 

35651  agreed  that  there  shall  be  paid  in  consideration  thereof,  to  the 

35652  Shawnees,  the  sum  of  twenty-seven  thousand  dollars,  which 

35653  shall  be  taken  and  considered  in  full  satisfaction  not  only  of  such 

35654  claim  but  of  all  others  of  what  kind  soever,  and  in  release  of  all 

35655  demands  and  stipulations  arising  under  former  treaties,  with  the 

35656  exception  of  the  perpetual  annuities,  amounting  to  three  thou- 

35657  sand  dollars,  hereinbefore  named,  and  which  are  set  apart  and 

35658  appropriated  in  the  third  article  hereof.     All  Shawnees  who 

35659  have  sustained   damage  by  the  emigration  of  citizens  of  the 

35660  United  States,  or  by  other  acts  of  such  citizens,  shall,  within  six 

35661  mouths  after  the  ratification  of  this  treaty,  file  their  claims  for 

35662  such  damages  with  the  Shawuee  agent,  to  be  submitted  by  him 

35663  to  the  Shawnee  council  for  their  action  and  decision,  and  the 

35664  amount  in  each  case  approved  shall  be  paid  by  said  agent : 

35665  Provided ,  The  whole  amount  of  claims  thus  approved  shall  not 

35666  exceed  the  said  sum  stipulated  for  in  this  article  :  And  provided, 

35667  That  if  such  amount  shall  exceed  that  sum  then  a  reduction  shall 

35668  be  made,  pro  rata,  from  each  claim  until  the  aggregate  is  low- 

35669  ered  to  that  amount.    If  less  than  that  amount  be  adjudged  to 

35670  be  due,  the  residue,  it  is  agreed,  shall  be  appropriated  as  the 

35671  council  shall  direct. 

35672  ARTICLE  12.  If,  from  causes  not  now  foreseen,  this  instru- 

35673  ment  should  prove  insufficient  for  the  advancement  and  protec- 

35674  tion  of  the  welfare  and  interests  of  the  Shawnees,  Congress  may 

35675  hereafter  by  law  make  such  further  provision,  not  inconsistent 

35676  herewith,  as  experience  may  prove  to  be  necessary  to  promote 

35677  the  interests,  peace,  and  happiness  of  the  Shawnee  people. 

35678  ARTICLE  13.  It  is  agreed  that  all  roads  and  highways  laid 

35679  out  by  authority  of  law  shall  have  a  right  of  way  through  any 

35680  of  the  reserved,  assigned,  and  selected  lauds  on  the  same  terms 

35681  that  the  law  provides  for  their  location  through  the  lands  of  cit- 


800 

35682  izeus  of  the  United  States  ;  and  railroad  companies,  when  the 

35683  lines  of  their  roads  necessarily  pass  through  any  of  said  lauds, 

35684  shall  have  the  right  of  way  on  payment  of  a  just  compensation 

35685  therefor  in  money, 

35686  ARTICLE  14.  The  Shawnees  acknowledge  their  dependence 

35687  on  the  Government  of  the  United  States,  and  invoke  its  protec- 

35688  tion  and  care.    They  will  abstain  from  the  commission  of  depre 
35680  dations,  and  comply,  as  far  as  they  are  able,  with  the  laws  in  such 
35690  cases  made  and  provided,  as  they  will  expect  to  be  protected  and 
35601  to  have  their  rights  vindicated. 

35692  ARTICLE  15.  The  Shawnees  agree  to  suppress  the  use  of 

35693  ardent  spirits  among  their  people,  and  to  resist,  by  all  prudent 

35694  means,  its  introduction  into  their  settlements. 

35695  ARTICLE  16.  The  United  States  reserve,  at  the  site  of  the 

35696  agency-house  in  the  Shawnee  country,  including  the  improve- 

35697  ments,  one  hundred  and  sixty  acres  of  land. 

35698  ARTICLE  17.  The  foregoing  instrument  shall  be  obligatory 

35699  on  the  contracting  parties  as  soon  as  the  same  shall  be  ratified 

35700  by  the  President  and  the  Senate  of  the  United  States. 

35701  Proclaimed  November  2,  1854. 


35702  S'KLALLAMS. 

35703  Treaiy  between  the  United  States  of  America  and  the  S'Klallams 

35704  Indians,  concluded  at  Point  no  Point,  Washington  Territory, 

35705  January  26,  1855  ;  ratified  by  the  Senate  March  8,  1859. 

35706  JAMES  BUCHANAN,  President  of  the  United  States  of  America, 

35707  to  all  and  singular  to  whom   these  presents  shall  come, 

35708  greeting : 

35709  Whereas  a  treaty  was  made  and  concluded  at  Hahd  Skus, 

35710  or  Point  no  Point,  in  Washington  Territory,  on  the  twenty-sixth 

35711  day  of  January,  eighteen  hundred  and  fifty-five,  between  Isaac 

35712  I.  Stevens,  governor  and  superintendent  of  Indian  affairs  for 

35713  the  said  Territory,  on  the  part  of  the  United   States,  and  the 

35714  hereinafter-named    chiefs,  head-men,    and     delegates    of    the 

35715  different  villages  of  the  S'Klallams  Indians,  viz  :  The  Kah-tai, 

35716  Squah-quaihtl,  Teh-queen,   Ste-tehtlum,   Tsohkw,   Yennis,   El- 

35717  hwa,  Pishtst,  Hunnint,  Klat-la-wash,  and  Oke-no,  and  also  of  the 

35718  Sko-ko-uish,  Too  an-hooch,  and  Chein-a-kum  tribes  occupying 

35719  certain  lands  on  the  Straits  of  Fuca  and  Hood's  Canal,  in  the 

35720  Territory  of  Washington,  on  behalf  of  said  tribes,  and   duly 

35721  authorized  by  them ;  which  treaty  is  in  the  words  and  figures 

35722  following,  to  wit : 


801 

35723  Articles  of  agreement  and  convention  made  and  concluded  at 

35724  Hahdskus,  or  Point  no  Point,  Suquamish  Head,  in  tlie  Ter- 

35725  ritory  of  Washington,  this  twenty-sixth  day  of  January, 

35726  eighteen  hundred  and  fifty-five,  by  Isaac  I.  Stevens,  gov- 

35727  ernor  and  superintendent  of  Indian  affairs  for  the  said  Ter- 

35728  ritory,  on  the  part  of  the  United  States,  and  the  under- 

35729  signed  chiefs,  head-men,  and  delegates  of  the  different  vil- 

35730  lages  of  the  S'Klallams,  viz  :  Kah-tai,  Squah-quaihtl,  Tch- 

35731  queen,  Ste-tehtlum,  Tsohkw,  Yeuuis,  Elh-wa,  Pishtst,  Hun- 

35732  runt,  Klat-la-wash,  and  Oke-ho,  and  also  of  the  Sko-ko-mish, 

35733  To-an-hooch,   and  Chem-a-kuin   tribes,   occupying  certain 

35734  lands  on  the  Straits  of  Fuca  and  Hood's  Canal,  in  the  Terri- 

35735  tory  of  Washington,  on  behalf  of  said  tribes,  and  duly  au- 
3573G  thorized  by  them. 

35737  ARTICLE  1.  The  said  tribes  and  bands  of  Indians  hereby 

35738  cede,  relinquish,  and  convey  to  the  United  States  all  their  right, 

35739  title,  and  interest  in  and  to  the  lands  and  country  occupied  by 

35740  them,  bounded  and  described  as  follows,  viz :  Commencing  at 

35741  the  mouth  of  the  Okeho  Kiver,  on  the  Straits  of  Fucha;  thence 

35742  southeastwardly  along  the  westerly  line  of  territory  claimed  by 

35743  the  Makah  tribe  of  Indians  to  the  summit  of  the  Cascade  Kange ; 

35744  thence  still  southeastwardly  and  southerly  along  said  summit  to 

35745  the  head  of  the  west  branch  of  the  Satsop  River,  down  that 

35746  branch  to  the  main  fork  ;  thence  eastwardly  and  following  the 

35747  line  of  lauds  heretofore  ceded  to  the  the  United  States  by  the 

35748  Nisqually  and  other  tribes  and  bands  of  Indians,  to  the  summit 

35749  of  the  Black  Hills,  and  northeastwardly  to  the  portage  known 

35750  as  Wilkes7  Portage ;  thence  norteastwardly,  and  following  the 

35751  line  of  lands  heretofore  ceded  to  the  United   States   by  the 

35752  Dwamish,  Suquamish,  and  other  tribes  and  bands  of  Indians,  to 

35753  Suquamish  Head;  thence  northerly  through  Admiralty  Inlet  to 

35754  the  Straits  of  Fuca ;  thence  westwardly  through  said  straits  to 

35755  the  place  of  beginning,  including  all  the  right,  title,  and  interest 

35756  of  the  said  tribes  and  bands  to  any  laud  in  the  Territory  of 

35757  Washington. 

35758  ARTICLE  2.  There  is,  however,  reserved  for  the  present  use 
30759  and  occupation  of  the  said  tribes  and  bands  the  following  tract 

35760  of  land,  viz :  The  amount  of  six  sections,  or  three  thousand  eight 

35761  hundred  and  forty  acres,  situated  at  the  head  of  Hood's  Canal, 

35762  to  be  hereafter  set  apart,  and>  so  far  as  necessary,  surveyed  and 

35763  marked  out  for  their  exclusive  use;  nor  shall  any  white  man  be 

35764  permitted  to  reside  upon  the  same  without  permission  of  the 

35765  said  tribes  and  bands,  and  of  the  superintendent  or  agent ;  but, 

35766  if  necessary  for  the  public  convenience,  roads  may   be  run 
30767  through  the  said  reservation^  the  Indians  being  compensated  for 
35768  any  damage  thereby  done  them.     It  is,  however,  understood 

101  T  T 


802 

35769  that  should  the  President  of  the  United  States  hereafter  see  fit 

35770  to  place  upon  the  said  reservation  any  other  friendly  tribe  or 

35771  band  to  occupy  the  same  in  common  with  those  abo\7e  mentioned, 

35772  he  shall  be  at  liberty  to  do  so. 

35773  ARTICLE  3.  The  said  tribes  and  bands  agree  to  remove  to 

35774  and  settle  upon  the  said  reservation  within  one  year  after  the 

35775  ratification  of  this  treaty,  or  sooner  if  the  means  are  furnished 

35776  them.     In  the  mean  time  it  shall  be  lawful  for  them  to  reside 

35777  upon  any  lands  not  in  the  actual  claim  or  occupation  of  citizens 

35778  of  the  United  States,  and  upon  any  land  claimed  or  occupied,  if 

35779  with  the  permission  of  the  owner. 

35780  ARTICLE  4.  The  right  of  taking  fish  at  usual  and  accustomed 

35781  grounds  and  stations  is  further  secured  to  said  Indians,  in  com- 

35782  rnon  with  all  citizens  of  the  United  States,  and  of  erecting  tem- 

35783  porary  houses  for  the  purpose  of  curing,  together  with  the  priv- 

35784  ilege  of  hunting  and  gathering  roots  and  berries  on  open  and 

35785  unclaimed  lands:    Provided,  however,   That  they  shall  not  take 

35786  shell-fish  from  any  beds  staked  or  cultivated  by  citizens. 

35787  ARTICLE  5.  In  consideration  of  the  above  cession  the  United 

35788  States  agree  to  pay  to  the  said  tribes  and  bands  the  sum  of  sixty 

35789  thousand  dollars,  in  the  following  manner,  that  is  to  say :  during 

35790  the  first  year  after  the  ratification  hereof,  six  thousand  dollars ; 

35791  for  the  next  two  years,  five  thousand  dollars  each  year;  for  the 

35792  next  three  years,  four  thousand  dollars  each  year;  for  the  next 

35793  four  years,  three  thousand  dollars  each  year ;  for  the  next  five 

35794  years,  two  thousand  four  hundred  dollars  each  year;  and  for  the 

35795  next  five  years,  one  thousand  six  hundred  dollars  each  year.     All 

35796  which  said  sums  of  money  shall  be  applied  to  the  use  and  benefit 

35797  of  the  said  Indians,  under  the  direction  of  the  President  of  the 

35798  United  States,  who  may  from  time  to  time  determine  at  his  dis- 

35799  cretion  upon  what  beneficial  objects  to  expend  the  same.    And 

35800  the  superintendent  of  Indian  affairs,  or  other  proper  officer,  shall 

35801  each  year  inform  the  President  of  the  wishes  of  said  Indians  in 

35802  respect  thereto. 

35803  ARTICLE  6.  To  enable  the  said  Indians  to  remove  to  and 

35804  settle  upon  their  aforesaid  reservations,  and  to  clear,  fence,  and 

35805  break  up  a  sufficient  quantity  of  land  for  cultivation,  the  United 

35806  States  further  agree  to  pay  the  sum  of  six  thousand  dollars,  to 

35807  be  laid  out  and  expended  under  the  direction  of  the  President, 
85808  and  in  such  manner  as  he  shall  approve. 

35809  ARTICLE  7.  The  President  may  hereafter,  when  in  his  opin- 

•35810  ion  the  interests  of  the  Territory  shall  require,  and  the  welfare  of 

3o811  said  Indians  be  promoted,  remove  them  from  said  reservation  to 

such  other  suitable  place  or  places  within  said  Territory  as  he 

30813  may  deem  fit,  on  remunerating  them  for  their  improvements  and 

30814  the  expenses  of  their  removal,  or  may  consolidate  them  with 


803 

35815  other  friendly  tribes  or  bands.    And  he  may  further,  at  his  dis- 

35816  cretion,  cause  the  whole  or  any  portion  of  the  lands  hereby  re- 

35817  served,  or  of  such  other  lands  as  may  be  selected  in  lieu  thereof, 

35818  to  be  surveyed  into  lots,  and  assign  the  same  to  such  individuals 

35819  or  families  as  are  willing  to  avail  themselves  of  the  privilege  and 

35820  will  locate  thereon  as  a  permanent  home,  on  the  same  terms  and 
3582  L  subject  to  the  same  regulations  as  are  provided  in  the  sixth  ar- 

35822  tide  of  the  treaty  with  the  Oniahas,  so  far  as  the  same  may  be 

35823  applicable.    Any  substantial  improvements  heretofore  made  by 

35824  any  Indian,  and  which  he  shall  be  compelled  to  abandon  in  con- 

35825  sequence  of  this  treaty,  shall  be  valued  under  the  direction  of 

35826  the  President,  and  payment  made  therefor  accordingly. 

35827  ARTICLE  8.  The  annuities  of  the  aforesaid  tribes. and  bands 

35828  shall  not  be  taken  to  pay  the  debts  of  individuals. 

35829  ARTICLE  9.  The  said  tribes  and  bands  acknowledge  their 

35830  dependence  on    the  Government  of   the  United   States,  and 

35831  promise  to  be  friendly  with  all  citizens  thereof;  and  they  pledge 

35832  themselves  to  commit  no  depredations  on  the  property  of  such 

35833  citizens.  And  should  any  one  or  more  of  them  violate  this  pledge, 

35834  and  the  fact  be  satisfactorily  proven  before  the  agent,  the  prop- 

35835  erty  taken  shall  be  returned,  or  in  default  thereof,  or  if  injured 

35836  or  destroyed,  compensation  may  be  made  by  the  Government 

35837  out  of  their  annuities.    Nor  will  they  make  war  on  any  other 

35838  tribe,  except  in  self-defence,  but  will  submit  all  matters  of  dif- 

35839  ference  between  them  and  other  Indians  to  the  Government  of 

35840  the  United  States,  or  its  agent,  for  decision,  and  abide  thereby. 

35841  And  if  any  of  the  said  Indians  commit  any  depredations  on  any 

35842  other  Indians  within  the  Territory,  the  same  rule  shall  prevail 

35843  as  that  prescribed  in  this  article  in  cases  of  depredations  against 

35844  citizens.    And  the  said  tribes  agree  not  to  shelter  or  conceal 

35845  oifenders  against  the  United  States,  but  to  deliver  them  up  for 

35846  trial  by  the  authorities. 

35847  ARTICLE  10.  The  above  tribes  and  bauds  are  desirous  to 

35848  exclude  from  their  reservation  the  use  of  ardent  spirits,  and  to 

35849  prevent  their  people  from  drinking  the  same,  and  therefore  it  is 

35850  provided  that  any  Indian  belonging  thereto  who  shall  be  guilty 

35851  of  bringing  liquor  into  said  reservation,  or  who  drinks  liquor, 

35852  may  have  his  or  her  proportion  of  the  annuities  withheld  from 

35853  him  or  her  for  such  time  as  the  President  may  determine. 

35854  ARTICLE  11.  The  United  States  further  agree  to  establish 

35855  at  the  general  agency  for  the  district  of  Paget's  Sound,  within 

35856  one  year  from  the  ratification  hereof,  and  to  support  for  the 

35857  period  of  twenty  years,  an  agricultural  and  industrial  school,  to 

35858  be  free  to  children  of  the  said  tribes  and  bands  in  common  with 

35859  those  of  the  other  tribes  of  said  district,  and  to  provide  a  smithy 

35860  and  carpenter's  shop,  and  furnish  them  with  the  necessary  tools, 


804 

35861  and  employ  a  blacksmith,  carpenter,  anil  farmer  for  the  term  ot 

35862  twenty  years,  to  instruct  the  Indians  in  their  respective  oecupa- 

35863  tions.    And  the  United  States  further  agree  to  employ  a  physi- 

35864  cian  to  reside  at  the  said  central  agency,  who  shall  furnish  med- 

35865  icine  and  advice  to  the  sick,  and  shall  vaccinate  them ;  the  ex- 

35866  penses  of  the  said  school,  shops,  persons  employed,  and  medical 

35867  attendance  to  be  defrayed  by  the  United  States,  and  not  de- 

35868  ducted  from  the  annuities. 

35869  ARTICLE  12.  The  said  tribes  and  bands  agree  to  free  all 

35870  slaves  now  held  by  them,  and  not  to  purchase  or  acquire  others 

35871  hereafter. 

35872  ARTICLE  13.  The  said  tribes  and  bands  finally  agree  not  to 

35873  trade  at  Vancouver's  Island,  or  elsewhere  out  of  the  dominions 

35874  of  the  United  States,  nor  shall  foreign  Indians  be  permitted  to 

35875  reside  in  their  reservations  without  consent  of  the  superintendent 

35876  or  agent. 

35877  ARTICLE  14.  This  treaty  shall  be  obligatory  on  the  con- 

35878  tracting  parties  as  soon  as  the  same  shall  be  ratified  by  thePresi- 

35879  dent  of  the  United  States. 

35880  Proclaimed  April  29,  1859. 


35881  SNAKES. 

35882  Treaty  between  the  United  States  of  America  and  the  Woll-pah-pe 

35883  tribe  of  SnaKe  Indians,  concluded  August  12,  1865  ;  ratifica- 

35884  tion  advised  July  5,  1866. 

35885  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

35886  to  all  and  singular  to  whom  these  presents   shall  come, 

35887  greeting: 

35888  Whereas  a  treaty  was  made  and  concluded  at  Sprague  Eiver 

35889  Valley,  on  the  twelfth  day  of  August,  in  the  year  of  our  Lord 

35890  one  thousand  eight  hundred  and  sixty-five,  by  and  between  J. 

35891  W.  Perit  Huntington,  commissioner  on  the  part  of  the  United 

35892  States,  and  Pah-ni  ne,  Hau-ni-noo-ey,  and  other  chiefs  and  head- 

35893  men,  on  the  part   of  the  Woll-pah-pe  tribe  of  Snake  Indians, 

35894  and  duly  authorized  thereto  by  them,  which  treaty  is  in  the 

35895  words  and  figures  following,  to  wit : 

35896  Articles  of  agreement  and  convention  made  and  concluded  at 

35897  Sprague  Eiver  Valley,  on  this  twelfth  day  of  August,  in  the 
year  one  thousand  eight  hundred  and  sixty-five,  by  J.  W. 
Perit  Huntington,  superintendent  of  Indian  affairs  in  Ore 
gon,  on  the  part  of  the  United  States,  and  the  undersigned 

35901  chiefs  and  head-men  of  the  Woll-pah-pe  tribe  of  Snake  In 


805 

35902  dians,  acting  in  behalf  of  said  tribe,  being  duly  authorized 

35903  so  to  do. 

35904  ARTICLE  1.  Peace  is  declared  henceforth  between  the  Uni- 

35905  ted  States  and  the  Woll-pah-pe  tribe  of  Snake  Indians,  and  also 

35906  between  said  tribe  and  all  other  tribes  in  amity  with  the- United 

35907  States.    All  prisoners  and  slaves  held  by  the  Woll-pah-pe  tribe, 

35908  whether  the  same  are  white  persons  or  members  of  Indian  tribes 

35909  in  amity  with  the  United  States,  shall  be  released  ;  and  all  per- 

35910  sons  belonging  to  the  said  Woll-pah-pe  tribe  now  held  as  pris- 

35911  oners  by  whites,  or  as  slaves  by  other  Indian  tribes,  shall  be 

35912  given  up. 

35913  ARTICLE  2.  The  said  tribe  hereby  cedes  and  relinquishes 

35914  to  the  United  States  all  their  right,  title,  and  interest  to  the 

35915  country  occupied  by  them,  described  as  follows/to  wit:  Begin- 

35916  ning  at  the  Snow  Peak  in  the  summit  of  the  Blue  Mountain 

35917  range,  near  the  heads  of  the  Grande  Eonde  River  and  the  north 

35918  fork  of  John  Day's  River  ;  thence  down  said  north  fork  of  John 

35919  Day's  Kiver  to  its  junction  with  the  south  fork  5  thence  due 

35920  south  to  Crooked  River ;  thence  up  Crooked  River  and  the  south 

35921  fork  thereof  to  its  source ;  thence  southeasterly  to  Haruey  Lake ; 

35922  thence  northerly  to  the  heads  of  Malheur  and  Burnt  Rivers ; 

35923  thence  continuing  northerly  to  the  place  of  beginning, 

35924  ARTICLE  3.  The  said  tribe  agree  to  remove  forthwith  to  the 

35925  reservation  designated  by  the  treaty  concluded  on  the  loth  of 

35926  October,  1864,  with  the  Klamath,  Moadoc,  and  Yahooskiu  Snake 

35927  Indians,  there  to  remain  under  the  authority  and  protection  of 

35928  such  Indian  agent  or  other  officer  as  the  Government  of  the 

35929  United  States  may  assign  to  such  duty,  and  no  menber  of  said 

35930  tribe  shall  leave  said  reservation  for  any  purpose  without  the 

35931  written  consent  of  the  agent  or  superintendent  having  jurisdic- 

35932  tion  over  said  tribe. 

35933  ARTICLE  4.  The  said  Woll-pah-pe  tribe  promise  to  be  friendly 

35934  with  the  people  of  the  United  States,  to  submit  to  the  authority 

35935  thereof,  and  to  commit  no  depredations  upon  the  persons  or 

35936  property  of  citizens  thereof  or  of  other  Indian  tribes  ;    and 

35937  should  any  member  of  said  tribe  commit  any  such  depredations, 

35938  he  shall  be  delivered  up  to  the  agent  for  punishment,  and  the 

35939  property  restored.    If  after  due  notice  the  tribe  neglect  or  refuse 

35940  to  make  restitution,  or  the  property  is  injured  or  destroyed, 

35941  compensation  may  be  made  by  the  Government  out  of  the  annui- 

35942  ties  hereinafter  provided.     In  case  of  any  depredation  being 

35943  committed  upon  the  person  or  property  of  any  member  of  the 

35944  aforesaid  Woll-pah-pe  tribe,  it  is  stipulated  that  no  attempt  at 

35945  revenge,  retaliation, or  reclamation  shall  be  made  by  said  tribe; 

35946  but  the  case  shall  be  reported  to  the  agent  or  superintendent  in 

35947  charge,  and  the  United  States  guarantee  that  such  depredation 


806 

35948  sball  be  punished  in  the  same  manner  as  if  committed  against 

35049  white  persons,  and  that  the  property  shall  be  restored  to  the 

35950  owner. 

35951  ARTICLED.  The  said  tribe  promise  to  endeavor  to  induce 

35952  the  Hoo-ne-boo-ey  and  Wa-tat-kah  tribes  of  Snake  Indians  to 

35953  cease  hostilities  against  the  whites ;  and  they  also  agree  that 

35954  they  will,  in  no  case,  sell  any  arms  or  ammunition  to  them  nor 

35955  to  any  other  tribe  hostile  to  the  United  States. 

3595G  ARTICLE  6.  The  United  States  agree  to  expend,  for  the  use 

35957  and  benefit  of  said  tribe,  the  sum  of  five  thousand  dollars  to 

35958  enable  the  Indians  to  fence,  break  up,  and  cultivate  a  sufficient 

35959  quantity  of  land  for  their  use  ;  to  supply  them  with  seeds,  farni- 

35960  ing-implements,  domestic  animals,  and  such  subsistence  as  may 
359G1  be  necessary  during  the  first  year  of  their  residence  upon  the 

35962  reservation. 

35963  ARTICLE  7.  The  United  States  also  agree  to  expend,  for  the 

35964  use  and  benefit  of  said  tribe,  the  sum  of  two  thousand  dollars 

35965  per  annum  for  five  years  next  succeeding  the  ratification  of  this 

35966  treaty,  and  twelve  hundred  dollars  per  annum  for  the  next  ten 

35967  years  following,  the  same  to  be  expended  under  the  direction  of 

35968  the  President  of  the  United  States  for  such  objects  as,  in  his 

35969  judgment,  will  be  beneficial  to  the  Indians,  and  advance  them 

35970  in  morals  and  knowledge  of  civilization. 

35971  ARTICLE  8.  The  said  tribe,  after  their  removal  to  the  reser- 

35972  vation,  are  to  have  the  benefit  of  the  services  of  the  physician, 

35973  mechanics,  farmers,  teachers,  and  other  employes  provided  for 

35974  in  the  treaty  of  the  15th  October,  1864,  in  common  with  the 

35975  Klamaths,  Moadocs,  and  Yahooskiu  Snakes,  and  are  also  to 

35976  have  the  use  of  the  mills  and  school-houses  provided  for  in  said 

35977  treaty,  so  far  as  may  be  necessary  to  them,  and  not  to  the  dis- 

35978  advantage  of  the  other  tribes  ;  and,  in  addition,  an  interpreter 

35979  who  understands  the  Snake  language  shall  be  provided  by  the 

35980  Government.    Whenever,  in  the  judgment  of  the  President,  the 

35981  proper  time  shall  have  arrived  for  an  allotment  of  land  in  sever- 

35982  alty  to  the  Indians  upon  the  said  reservation,  a  suitable  tract 

35983  shall  be  set  apart  for  each  family  of  the  said  Woll-pah  pe  tribe, 

35984  and  peaceable  possession  of  the  same  is  guaranteed  to  them. 

35985  ARTICLE  9.  The  tribe  are  desirous  of  preventing  the  use  of 

35986  ardent  spirits  among  themselves,  and  it  is  therefore  provided 

35987  that  any  Indian  who  brings  liquor  on  to  the  reservation,  or  who 

35988  has  it  in  his  possession,  may,  in  addition  to  the  penalties  affixed 

35989  by  law,  have  his  or  her  proportion  of  the  annuities  withheld  for 

35990  such  time  as  the  President  may  determine. 

ARTICLE  10.  This  treaty  shall  be  obligatory  upon  the  con 
tracting  parties  as  soon  as  the  same  shall  be  ratified  by  the 

35993  Senate  of  the  United  States. 

35994  Proclaimed  July  10,  1866. 


807 

35995  Treaty  ivith  the  Seminoles. 

35996  The  Senrinole  Indians  regarding,  with  just  respect,  the  so- 
3f>997  licitude  manifested  by  the  President  of  the  United  States  for 

35998  the  improvement  of  their  condition,  by  recommending  a  remo- 

35999  val  to  a  country  more  suitable  to  their  habits  and  wants  than 
3GOOO  the  one  they  at  present  occupy  in  the  Territory  of  Florida,  are 
3G001  willing  that  their  confidential  chiefs,  Jumper,  Fuck-a-lus-ti-had- 

36002  jo,  Charley  Emartla,  Coi-had  jo,  Holati-Emartla,  Ya-ha-hadjo, 

36003  Sam  Jones,   accompanied  by  their  agent,  Major  Phagan,  and 

36004  their  faithful  interpreter,  Abraham,  should  be  sent  at  the  expense 

36005  of  the  United  States,  as  early  as  convenient,  to   examine  the 

36006  country  assigned  to  the  Creeks  west  of  the  Mississippi  River; 

36007  and  should  they  be  satisfied  with  the  character  of  that  country, 

36008  and  of  the  favorable  disposition  of  the  Creeks  to  reunite  with 

36009  the  Seminoles  as  one  people,  the  articles  of  the  compact  and 

36010  agreement,  herein  stipulated  at  Payne's  Landing  on  the  Ockle- 

36011  waha  River,  this  ninth  day  of  May,  one  thousand  eight  hundred 

36012  and  thirty-two,  between  James  Gadsdeu,  for  and  in  behalf  of 

36013  the  Government  of  the   United  States,  and   the  undersigned 

36014  chiefs  and  head  men,  for  and  in  behalf  of  the  Seminole  Indians, 

36015  shall  be  binding  on  the  respective  parties. 

36016  ARTICLE  1.  The  Seminole  Indians  relinquish  to  the  United 

36017  States  all  claim  to  the  lands  they  at  present  occupy  in  the  Ter- 

36018  ritory  of  Florida,  and  agree  to  emigrate  to  the  country  assigned 

36019  to  the  Creeks  west  of  the  Mississippi  Eiver,  it  being  under- 

36020  stood  that  an  additional  extent  of  territory,  proportioned  to 

36021  their  numbers,  will  be  added  to  the  Creek  country,  and  that  the 

36022  Seminoles  will  be  received  as  a  constituent  part  of  the  Creek 

36023  Nation,  and  be  re-admitted  to  all  the  priviledges  as  members  of 

36024  the  same. 

36025  ARTICLE  2.  For  and  in  consideration   of  the  relinquish  - 

36026  meut  of  claim  in  the  first  article  of  this  agreement,  and  in  full 

36027  compensation  for  all  the  improvements  which  may  have  been 

36028  made  on  the  lands  thereby  ceded,  the  United  States  stipulate 

36029  to  pay  to  the  Seminole  Indians,  fifteen  thousand  four  hundred 

36030  (155400)  dollars,  to  be  divided  among  the  chiefs  and  warriors  of 

36031  the  several  towns  in  a  ratio  proportioned  to  their  population, 

36032  the  respective  proportions  of  each  to  be  paid  on  their  arrival  in 

36033  the  country  they  consent  to  remove    to;  it  being  understood 

36034  that  their  fathful  interpreters,  Abraham  and  Cudjo,  shall  receive 

36035  two  hundred  dollars  each  of  the  above  sum,  in  full  rerauuera- 

36036  tiou  for  the  improvements  to  be  abandoned  on  the  lands  now 

36037  cultivated  by  them. 

36038  ARTICLE  3.  The  United  States  agree  to  distribute,  as  they 

36039  arrive  at  their   new  homes  in  the  Creek  territory  west  of  the 

36040  Mississippi  River,  a  blanket  and   a  homespun  frock  to  each  ot 


808 

36041  the  warriors,   women,  and  children   of  the   Seorinole  tribe  of 

30042  Indians. 

36043  ARTICLE  4.  The  United  States  agree  to  extend  the  annuity 

36044  for  the  support  of  a  blacksmith,  provided  for  in  the  sixth  article 

36045  of  the  treaty  at  Camp  Moultrie,  (proclaimed  2d  January,  1824  ; 

36046  see  page  391,)  for  ten  (10)  years  beyond  the  period  therein 

36047  stipulated;  and,   in  addition  to  the  other  annuities   secured 

36048  under  that  treaty,  the  United  States  agree  to  pay  the  sum  of 

36049  three  thousand  (3,000)  dollars  a  year  for  fifteen  (15)  years,  com- 

36050  menciug  after  the  removal  of  the  whole  tribe;  these  sums  to 

36051  be  added  to  the  Creek  annuities,  and  the  whole  amount  to  be  so 

36052  divided  that  the  chiefs  and  warriors  of  the  Seminole  Indians 

36053  may  receive  their  equitable  proportion  of  the  same  as  members 

36054  of  the  Creek  confederation— 

36055  ARTICLE  5.  The  United  States  will  take  the  cattle  belong- 

36056  ing  to  the  Seminoles  at  the  valuation  of  some  discreet  person,  to 

36057  be  appointed  by  the  President,  and  the  same  shall  be  paid  for  in 

36058  money  to  the  respective  owners,  after  their  arrival  at  their  new 

36059  homes ;  or  other  cattle,  such  as  may  be  desired,  will  be  furnished 

36060  them,  notice  being  given   through  their  agent  of  their  wishes 

36061  upon  this  subject  before  their  removal, that  time  maybe  afford- 

36062  ed  to  supply  the  demand. 

36063  ARTICLE  6.  The  Seminoles,  being  anxious  to  be  relieved 

36064  from  repeated  vexatious  demands  for  slaves  and  other  property, 

36065  alleged  to  have  been  stolen  and  destroyed  by  them,  so  that  they 

36066  may    remove  unembarrassed  to  their  new  homes,  the  United 

36067  States  stipulate  to  have  the  same  property  investigated,  and  to 

36068  liquidate  such  as  may  be  satisfactorily  established,  provided  the 

36069  amount  does  not  exceed  seven  thousand  (7,000)  dollars. 

36070  ARTICLE  7.  The  Seminole  Indians  will  remove  within  three 

36071  (3)  years  after  the  ratification  of  this  agreement,  and  the  ex- 

36072  penses  of  their  removal  shall  be  defrayed  by  the  United  States, 

36073  and  such  subsistence  shall  also  be  furnished  them,  for  a  term  not 

36074  exceeding  twelve  (12)  months  after  their  arrival  at  their  new 

36075  residence,  as  in  the  opinion  of  the  President  their  numbers  and 

36076  circumstances  may  require,   the  emigration  to  commence   as 

36077  early  as  practicable  in  the  year   eighteen  hundred   and  thirty* 
3078  three,  (1833,)  and  with  those  Indians  at  present  occupying  the 

36079  Big  Swamp,  and  other  parts  of  the  country  beyond  the  limits  as 

080  defined  in  the  second  article  of  the  treaty  concluded  at  Camp 

)81  Moultrie  Creek,  so  that  the  whole  of  that  proportion  of  the  Semi- 

noles  may  be  removed  within  the  year  aforesaid,  and  the  re- 

083  mainder  of  the  tribe  in  about  equal  proportions  during  the  sub- 

36084  sequent  years  of  eighteen  hundred  and    thirty-four  and   five* 

36085  (1834  and  1835.) 

36086  Proclaimed  April  12,  1834, 


809 


36087 

36088 

36089 

36090 

36091 

36092 

36093 

36094 

36095 

36096 

36097 

36098 

36099 

36100 

36101 

36102 

36103 

36104 

36105 

36106 

36107 

36108 

36109 

36110 

36111 

36112 

36113 

36114 

36115 

36116 

36117 

36118 

36119 

36120 

36121 

36122 

36123 

36124 

36125 

36126 

36127 

36128 

36129 

36130 

36131 


Treaty  with  the  Seminole  Indians. 

Whereas  the  Semiuole  Cndians  of  Florida  entered  into  cer 
tain  articles  of  agreement  with  James  Gadson,  [Gadsden,]  com. 
missioner  on  behalf  of  the  United  States,  at  Payne's  Landing, 
on  the  9th  day  of  May,  1832,  (preceding  treaty,)  the  first  article 
of  which  treaty  or  agreement  provides  as  follows  :  "  The  Semi- 
nole  Indians  relinquish  to  the  United  States  all  claim  to  the 
laud  they  at  present  occupy  in  the  Territory  of  Florida,  and' 
agree  to  emigrate  to  the  country  assigned  to  the  Creeks  west  of 
the  Mississippi  River ;  it  being  understood  that  an  additional 
extent  of  territory  portioned  to  their  number  will  be  added  to 
the  Creek  country,  and  that  the  Seminoles  will  be  received  as  a 
constituent  part  of  the  Creek  Nation,  and  be  re-admitted  to  all 
the  privileges  as  members  of  the  same  ;"  and 

Whereas  the  said  agreement  stipulates  and  provides  that  a 
delegation  of  Seminoles  should  be  sent,  at  the  expense  of  the 
United  States,  to  examine  the  country  to  be  allotted  them  among 
the  Creeks,  and  should  this  delegation  be  satisfied  with  the 
character  of  the  country  and  of  the  favorable  disposition  of  the 
Creeks  to  unite  with  them  as  one  people,  then  the  aforemen 
tioned  treaty  would  be  considered  binding  and  obligatory  upon 
the  parties ;  and 

Whereas  a  treaty  was  made  between  the  United  States  and 
the  Creek  Indians  west  of  the  Mississippi,  at  Fort  Gibson,  on 
the  14th  day  of  February,  1833,  by  which  a  country  was  provided 
for  the  Seminoles  in  pursuance  of  the  existing  arrangements  be 
tween  the  United  States  and  that  tribe  j  and 

Whereas  the  special  delegation  appointed  by  the  Seminoles 
on  the  9th  day  of  May,  1832,  have  since  examined  the  land  desig 
nated  for  them  by  the  undersigned  commissioners  on  behalf  of 
the  United  States,  and  have  expressed  themselves  satisfied  with 
the  same  in  and  by  their  letter  dated  March,  1833,  addressed  to 
the  undersigned  commissioners : 

Now,  therefore,  the  commissioners  aforesaid,  by  virtue  of 
the  power  and  authority  vested  in  them  by  the  treaty  made  with 
Creek  Indians  on  the  14th  of  February,  1833,  as  above  stated, 
hereby  designate  and  assign  to  the  Semiuole  tribe  of  Indians, 
for  their  separate  future  residence,  forever,  a  tract  of  country 
lying  between  the  Canadian  Eiver  and  the  north  fork  thereof, 
and  extending  west  to  where  a  line  running  north  and  south  be 
tween  the  main  Canadian  and  north  branch  will  strike  the  forks 
of  Little  Eiver,  provided  said  west  line  does  not  extend  more 
than  twenty-five  miles  west  from  the  mouth  of  said  Little  Eiver. 
And  the  undersigned  Seminole  chiefs,  delegated  as  aforesaid, 
on  behalf  of  their  nation  hereby  declare  themselves  well  satisfied 
102  IT 


810 

36132  with  the  location  provided  for  them  by  the  commissioners,  and 

36133  agree  that  their  nation  shall  commence  the  removal  to  their  new 

36134  home  as  soon  as  the  Government  will  make  arrangements  for 

36135  their  emigration  satisfactory  to  the  Seininole  Nation. 

36136  And  whereas  the  said  Seminoles  have  expressed  high  con* 

36137  fidence  in  the  friendship  and  ability  of  their  present  agent,  Major 

36138  Phageu,  and  desire  that  he  may  be  permitted  to  remove  them  to 

36139  their  new  homes  west  of  the  Mississippi,  the  commissioners  have 

36140  considered  their  request,  and  cheerfully  recommend  Major  Pha 

36141  gen  as  a  suitable  person  to  be  employed  to  remove  the  Seminoles 

36142  as  aforesaid,  and  trust  his  appointment  will  be  made,  not  only 

36143  to  gratify  the  wishes  of  the  Indians,  but  as  conducive  to  the  pub- 

36144  lie  welfare. 

36145  Proclaimed  April  12,  1834. 

36146  Treaty  between  the  United  States  of  America  and  the  Seminole 

36147  Nation  of  Indians,  concluded  March  21,  1866 ;  ratification 

36148  advised  July  19,  1866. 

36149  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

36150  to  all  and  singular  to  whom  these  presents  shall  come,  greet- 

36151  ing: 

36152  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

36153  Washington,  in  the  District  of  Columbia,  on  the  twenty-first  day 

36154  of  March,  in  the  year  of  our  Lord  one  thousand  eight  hundred 

36155  and  sixty-six,  by  and  between  Dennis  N.  Cooley,  Elijah  Sells, 

36156  and  Col.  Ely  S.  Parker,  commissioners  on  the  part  of  the  United 

36157  States,  and  John  Chup-co,  Cho-cote-harjo,  Fos-harjo,  and  John 

36158  F.  Brown,  chiefs  and  delegates  of  the  Seminole  Indians,  on  the 

36159  part  of  said  Indians,  and  duly  authorized  thereto  by  them,  which 

36160  treaty  is  in  the  words  and  figures  following,  to  wit : 

36161  Articles  of  a  treaty  made  and  concluded  at  Washigton,  D.  C., 

36162  March  21,  A.  D.  1866,  between'  the  United  States  Govern- 

36163  ment,  by  its  commissioners,  D.  N.  Cooley,  Commissioner  of 

36164  Indian  Affairs,  Elijah  Sells,  superintendent  of  Indian  affairs, 

36165  and  Ely  S.  Parker,  and  the  Seminole  Indians,  by  their  chiefs, 

36166  John  Chup-co,  or  Long  John,  Cho-cote-harjo,  Fos-ha[r]-jo, 

36167  John  F.  Brown, 

36168  Whereas  existing  treaties  between  the  United  States  and 

36169  the  Seminole  Nation  are  insufficient  to  meet  their  mutual  neces- 

36170  sities;  and 

36171  Whereas  the  Seminole  Nation  made  a  treaty  with  the  so- 

36172  called  Confederate  States,  August  1st,  1861,  whereby  they  threw 

36173  off  their  allegiance  to  the  United  States,  and  unsettled  their 

36174  treaty  relations  with  the  United   States,  and  thereby  incurred 


811 

36175  the  liability  of  forfeiture  of  all  lands  and  other  property  held  by 

36176  grant  or  gift  of  the  United  States ;  and 

36177  Whereas  a  treaty  of  peace  and  amity  was  entered  into  be- 

36178  tween  the  United  States  and  the  Seininole  and  other  tribes  at 

36179  Fort  Smith,  September  10, 1865,  whereby  the  Semiuoles  revoked, 

36180  cancelled,  and  repudiated  the  said  treaty  with  the  so-called 

36181  Confederate  States  ;  and 

36182  Whereas  the  United  States,  through  its  commissioners,  in 

36183  said  treaty  of  peace  promised  to  enter  into  treaty  with  the  Semi- 

36184  nole  Nation  to  arrange  and  settle  all  questions  relating  to  and 

36185  growing  out  of  said  treaty  with  the  so  called  Confederate  States  j 

36186  and 

36187  Whereas  the  United  States,  in  view  of  said  treaty  of  the 

36188  Seminole  Nation  with  the  enemies  of  the  Government  of  the 

36189  United  States,  and  the  consequent  liabilities  of  said  Seminole 

36190  Nation,  and  in  view  of  its  urgent  necessities  for  more  lands  in  the 

36191  Indian  Territory,  requires  a  cession  by  said  Seminole  Nation  of 

36192  part  of  its  present  reservation,  and  is  willing  to  pay  therefor  a 

36193  reasonable  price,  while  at  the  same  time  providing  new  and  ad- 

36194  equate  lands  for  them  : 

36195  Now,  therefore,  the  United  States,  by  its  commissioners  afore- 

36196  said,  and  the  above-named  delegates  of  the  Seminole  Nation,  the 

36197  day  and  year  above  written,  mutually  stipulate  and  agree,  on 

36198  behalf  of  the  respective  parties,  as  follows,  to  wit : 

36199  ARTICLE  1.   There  shall  be  perpetual  peace  between  the 

36200  United  States  and  the  Seminole  Nation,  and  the  Seminoles  agree 

36201  to  be  and  remain  firm  allies  of  the  United  States,  and  always 

36202  faithfully  aid  the  Government  thereof  to  suppress  insurrection 

36203  and  put  down  its  enemies. 

36204  The  Seminoles  also  agree  to  remain  at  peace  with  all  other 

36205  Indian  tribes  and  with  themselves.    In  return  for  these  pledges 

36206  of  peace  and  friendship,  the  United  States  guarantee  them  quiet 

36207  possession  of  their  country,  and  protection  against  hostilities  on 

36208  the  part  of  other  tribes,  and,  in  the  event  of  such  hostilities,  that 

36209  the  tribe  commencing  and  prosecuting  the  same  shall  make  just 

36210  reparation  therefor.    Therefore,  the  Seminoles  agree  to  a  military 

36211  occupation  of  their  country  at  the  option  and  expense  of  the 

36212  United  States. 

36213  A  general  amnesty  of  all  past  oifences  against  the  laws  of 

36214  the  United  States,  committed  by  any  member  of  the  Seminole 

36215  Nation,  is  hereby  declared  ;  and  the  Semiuoles,  anxious  for  the 

36216  restoration  of  kind  and  friendly  feelings  among  themselves,  do 

36217  hereby  declare  an  amnesty  for  all  past  offenses  against  their 

36218  government,  and  no  Indian  or  Indians  shall  be  proscribed  or 

36219  any  act  of  forfeiture  or  confiscation  passed  against  those  who 

36220  have  remained  friendly  to  or  taken  up  arms  against  the  United 


812 

36221  States,  but  they  sliall  enjoy  equal  privileges  with  other  rnem- 

36222  bers  of  said  tribe,  and  all  laws  heretofore  passed  inconsistent 

36223  herewith  are  hereby  declared  inoperative. 

36224  AETICLE  2.  The.  Seminole  Nation  covenant  that  henceforth 

36225  iu  said  nation  slavery  shall  not  exist,  ner  involuntary  servitude, 

36226  except  for  and  in  punishment  of  crime,  whereof  the  offending 

36227  party  shall  first  have  been  duly  convicted  in  accordance  with 

36228  law  applicable  to  all  the  members  of  said  nation.    And  iuas- 

36229  much  as  there  are  among  the  Seminoles  many  persons  of  Afri- 

36230  can  descent  and  blood,  who  have  no  interest  or  property  in  the 

36231  soil,  and  no  recognized  civil  rights,  it  is  stipulated  that  hereaf- 

36232  ter  these  persons  and  their  descendants,  and  such  other  of  the 

36233  same  race  as  shall  be  permitted  by  said  nation  to  settle  there, 

36234  shall  have  and  enjoy  all  the  rights  of  native  citizens,  and  the 

36235  laws  of  said  nation  shall  be  equally  binding  upon  all  persons,  of 

36236  whatever  race  or  color,  who  may  be  adopted  as  citizens  or  mein- 

36237  bers  of  said  tribe. 

36238  ARTICLE  3.  In  compliance  with  the  desire  of  the  United 

36239  States  to  locate  other  Indians  and  freedmen  thereon,  the  Semi- 

36240  noles  cede  and  convey  to  the  United  States  their  entire  domain, 
38241  being  the  tract  of  land  ceded  to  the  Seminole  Indians  by  the 

36242  Creek  Nation  under  the  provisions  of  article  first,  (1st,)  treaty 

36243  of  the  United  States  with  the  Creeks  and  Seminoles,  made  and 

36244  concluded  at  Washington,  D.  C.,  August  7,  1856,  (see  page  104.) 

36245  In  consideration  of  said  grant  and  cession  of  their  lands,  esti- 

36246  mated  at  two  million  one  hundred  and  sixty-nine  thousand  and 

36247  eighty  (2,169,080)  acres,  the  United  States  agree  to  pay  said  Sem- 
.'36248  inole  Nation  the  sum  of  three  hundred  and  twenty-five  thou- 

36249  sand  three  hundred  and  sixty- two  ($325,362)  dollars,  said  purchase 

36250  being  at  the  rate  of  fifteen  cents  per  acre.     The  United  States 

36251  having  obtained  by  grant  of  the  Creek  Nation  the  westerly  half  of 

36252  their  lands,  hereby  grant  to  the  Seminole  Nation  the  portion  thereof 

36253  hereafter  described,  which  shall  constitute  the  national  domain 

36254  of  the  Seminole  Indians.     Said  lands  so  granted  by  the  United 

36255  States  to  the  Seminole  Nation  are  bounded  and  described  as  fol- 

36256  lows,  to  wit:  Beginning  on  the  Canadian  River  where  the  line  cli- 

36257  viding  the  Creek  lauds  according  to  the  terms  of  their  sale  to  the 

36258  United  States  by  their  treaty  of  February  6,  1866,  following 

36259  said  line  due  north  to  where  said  line  crosses  the  north  fork  of 

36260  the  Canadian  River;  thence  up  said  north  fork  of  the  Canadian 

36261  River  a  distance  sufficient  to  make  two  hundred  thousand  acres 
by  running  due  south  to  the  Canadian  River;  tlieace  down  said 

:63  Canadian  River  to  the  place  of  beginning.    In  consideration  of 

said  cession  of  two  hundred  thousand  acres  of  land  described 

above,  the  Seminole  Nation  agrees  to  pay  therefor  the  price  of 

>266  fifty  cents  per  acre,  amounting  to  the  suni  of  one  hundred  thou- 


813 

36267  sand  dollars,  which  amount  shall  be  deducted  from  the  sum 

36268  paid  by  the  United  States  for  Seminole  lands  under  the  stipula- 

36269  tiona  above  written.    The  balance  due  the  Seminole  Nation  after 

36270  making  said  deduction,  amounting  to  one  hundred  thousand 

36271  dollars,  the  United  States  agree  to  pay  in  the  following  manner, 

36272  to  wit :  Thirty  thousand  dollars  shall  be  paid  to  enable  the 

36273  Seminoles  to  occupy,  restore,  and  improve  their  farms,  and  to  make 

36274  their  nation  independent  and  self-sustaining,  and  shall  be  dis- 

36275  tributed  for  that  purpose  under  the  direction  of  the  Secretary 

36276  of  the  Interior ;  twenty  thousand  dollars  shall  be  paid  in  like 

36277  manner  for  the  purpose  of  purchasing  agricultural  implements, 

36278  seeds,  cows,  and  other  stock ;  fifteen  thousand  dollars  shall  be 

36279  paid  for  the  erection  of  a  mill  suitable  to  accommodate  said 

36280  nation  of  Indians;  seventy  thousand  dollars  to  remain  in  the 

36281  United  States  Treasury,  upon  which  the  United  States  shall 

36282  pay  an  annual  interest  of  five  per  cent.;  fifty  thousand  of  said 

36283  sum  of  seventy  thousand  dollars  shall  be  a  permanent  school- 

36284  fund,  the  interest  of  which  shall  be  paid  annually  and  appro- 

36285  priated  to  the  support  of  schools ;  the  remainder  of  the  seventy 

36286  thousand  dollars,  being  twenty  thousand  dollars,  shall  remain  a 

36287  permanent  fund,  the  interest  of  which  shall  be  paid  annually  for 
86288  the  support  of  the  Seminole  government ;  forty  thousand  three 

36289  hundred  and  sixty-two  dollars  shall  be  appropriated  and  ex- 

36290  pended  for  subsisting  said  Indians,  discriminating  in  favor  of 

36291  the  destitute;    all  of  which  amounts,  excepting   the  seventy 

36292  thousand  dollars  to  remain  in  the  Treasury  as  a  permanent 

36293  fund,  shall  be  paid  upon  the  ratification  of  said  treaty,  and  dis- 

36294  bursed  in  such  manner  as  the  Secretary  of  the  Interior  may 

36295  direct.    The  balance,  fifty  thousand  dollars,  or  so  much  thereof 

36296  as  may  be  necessary  to  pay  the  losses  ascertained  and  awarded 

36297  as  hereinafter  provided,  shall  be  paid  when  said  awards  shall 

36298  have  been  duly  made  and  approved  by  the  Secretary  of  the  Inte- 

36299  rior.    And  in  case  said  fifty  thousand  dollars  shall  be  insuffi- 

36300  cient  to  pay  all  said  awards,  it  shall  be  distributed  pro  rata 

36301  to  those  whose  claims  are  so  allowed ;  and  until  said  awards 

36302  shall  be  thus  paid,  the  United  States  agree  to  pay  to  said  In 

36303  dians,  in  such  manner  and  for  such  purposes  as  the  Secretary 

36304  of  the  Interior  may  direct,  interest  at  the  rate  of  five  per  cent. 
56305  per  annum  from  the  date  of  the  ratification  of  this  treaty. 

36306  ARTICLE  4.  To  reimburse  such  members  of  the  Semiuole 

36307  Nation  as  shall  be  duly  adjudged  to  have  remained  loyal  and 

36308  faithful  to  their  treaty  relations  to  the  United  States  during 

36309  the  recent    rebellion  of  the  so-called  Confederate  States  for 

36310  the  losses  actually  sustained  by  them  thereby,  after  the  ratifi 

36311  cation  of  this  treaty,  or  so  soon  thereafter  as  the  Secretary  of  the 

36312  Interior  shall  direct,  he  shall  appoint  a  board  of  commissioners, 


814 

36313  not  to  exceed  three  in  number,  who  shall  proceed  to  the  Semi- 

36314  Dole  country  and  investigate  and  determine  said  losses.    Pre- 
36315  vious  to  said  investigation  the  agent  of  the  Seminole  Nation 

36316  shall  prepare  a  census  or  enumeration  of  said  tribe,  and  make  a 

36317  roll  of  all  Seminoles  who  did  in  no  manner  aid  or  abet  the 

36318  enemies  of  the  Government,  but  remained  loyal  during  said 

36319  rebellion  5   and  no   award   shall  be    made    by    said    conimis- 

36320  sioners  for  such  losses  unless  the  name  of  the  claimant  ap- 

36321  pear  on  said  roll,  and  no  compensation  shall  be  allowed  any 

36322  person  for  such  losses  whose  name  does  not  appear  on  said 

36323  roll,  unless  said  claimant,  within  six  months  from  the  date 

36324  of  the  completion  of   said    roll,  furnishes  proof   satisfactory 

36325  to  said    board,  or    to    the  Commissioner  of  Indian    Affairs, 

36326  that   he    has    at   all    times    remained    loyal    to    the    United 

36327  States,  according    to  his    treaty  obligations.      All    evidence 

36328  touching  said  claims  shall  be  taken  by  said  commissioners, 

36329  or  any  of  them,  under  oath,  and  their  awards  made,  together 

36330  with  the  evidence,  shall  be  transmitted  to  the  Commissioner  of 

36331  Indian  Affairs,  for  his  approval  and  that  of  the  Secretary  of  the 

36332  Interior.    Said  commissioners  shall  be  paid  by  the  United  States 

36333  such  compensation  as  the  Secretary  of  the  Interior  may  direct. 

36334  The  provisions  of  this  article  shall  extend  to  and  embrace  the 

36335  claims  for  losses  sustained  by  loyal  members  of  said  tribe,  irre- 

36336  spective  of  race  or  color,  whether  at  the  time  of  said  losses  the 

36337  claimants  shall  have  been  in  servitude  or  not;  provided  said 

36338  claimants  are  made  members  of  said  tribe  by  the  stipulations  of 

36339  this  treaty. 

36340  ARTICLE  5.  The  Seinmole  Nation  hereby  grant  a  right  of 

36341  way  through  their  lands  to  any  company  which  shall  be  duly 

36342  authorized  by  Congress,  and  shall,  with  the  express  consent  and 

36343  approbation  of  the  Secretary  of  the  Interior,  undertake  to  coii- 

36344  struct  a  railroad  from  any  point  on  their  eastern  to  their  western 

36345  or  southern  boundary ;  but  said  railroad  company,  together  with 

36346  all  its  agents  and  employes,  shall  be  subject  to  the  laws  of  the 

36347  United  States  relating  to  the  intercourse  with  Indian  tribes,  and 

36348  also  to  such  rules  and  regulations  as  may  be  prescribed  by  the 

36349  Secretary  of  the  Interior  for  that  purpose.    And  the  Seminoles 

36350  agree  to  sell  to  the  United  States,  or  any  company  duly  author- 

36351  ized  as  aforesaid,  such  lands,  not  legally  owned  or  occupied  by  a 

36352  member  or  members  of  the  Seminole  Nation,  lying  along  the  line 

36353  of  said  contemplated  railroad,  not  exceeding  on  each  side  thereof 

36354  a  belt  or  strip  of  land  three  miles  in  width,  at  such  price  per  acre 

36355  as  may  be  eventually  agreed  upon  between  said  Seminole  Nation 
6356  and  the  party  or  parties  building  said  road,  subject  to  the  ap< 

36357  proval  of  the  President  of  the  United  States :  Provided,  however, 

36358  That  said  land  thus  sold  shall  not  be  reeonveyed,  leased,  or 


815 

36359  rented  to,  or  be  occupied  by,  any  one  not  a  citizen  of  the  Semi 

36360  nole  Nation,  according  to  its  laws  and  recognized  usages :  Pro- 

36361  vided  also,  That  officers,  servants,  and  employes  of  said  railroad 

36362  necessary  to  its  construction  and  management  shall  not  be  ex- 

36363  eluded  from  such  necessary  occupancy ,  they  being  subject  to  the 

36364  provisions  of  the  Indian-intercourse  laws,  and  such  rules  and 

36365  regulations  as  may  be  established  by  the  Secretary  of  the  In- 

36366  terior ;  nor  shall  any  conveyance  of  said  lands  be  made  to  the 

36367  party  building  and  managing  said  road,  until  its  completion  as  a 

36368  first-class  railroad  and  its  acceptance  as  such  by  the  Secretary 

36369  of  the  Interior. 

36370  ARTICLE  6.  Inasmuch  as  there  are  no  agency  buildings 

36371  upon  the  new  Seminole  reservation,  it  is  therefore  further  agreed 

36372  that  the  United  States  shall  cause  to  be  constructed,  at  an  ex- 

36373  pense  not   exceeding  ten  thousand  (10,000)  dollars,    suitable 

36374  agency  buildings,  the  site  whereof  shall  be  selected  by  the  agent 

36375  of  said  tribe,  under  the  direction  of  the  superintendent  of  Indian 

36376  affairs;  in  consideration  whereof,  the  Seminole  Nation  hereby 

36377  relinquish  and  cede  forever  to  the  United  States  one  section  of 

36378  their  lands  upon  which  said  agency  buildings  shall  be  directed, 

36379  [erected,]  which  land  shall  revert  to  said  nation,  when  no  longer 

36380  used  by  the  United  States,  upon  said  nation  paying  a  fair  value 

36381  for  said  buildings  at  the  time  vacated. 

36382  ARTICLE  7.  The  Seminole  Nation  agrees  to  such  legislation 

36383  as  Congress  and  the  President  may  deem  necessary  for  the  better 

36384  administration  of  the  rights  of  person  and  property  within  the 

36385  Indian  Territory :  Provided,  however,  [That]  said  legislation  shall 

36386  not  in  any  manner  interfere  with  or  annul  their  present  tribal 

36387  organization,  rights,  laws,  privileges,  and  customs. 

36388  The  Seminole  Nation  also  agree  that  a  general  council,  con- 

36389  sisting  of  delegates  elected  by  each  nation,  a  tribe  lawfully  resi- 

36390  dent  within  the  Indian  Territory,  may  be  annually  convened  in 

36391  said  Territory,  which  council  shall  be  organized  in  such  manner 

36392  and  possess  such  powers  as  are  hereinafter  described ; 

36393  1st.  After  the  ratification  of  this  treaty,  and  as  soon  as  may 

36394  be  deemed  practicable  by  the  Secretary  of  the  Interior,  and  prior 

36395  to  the  first  session  of  said  council,  a  census  or  enumeration  of 

36396  each  tribe  lawfully  resident  in  said  Territory  shall  be  taken, 

36397  under  the  direction  of  the  superintendent  of  Indian  affairs,  who, 

36398  for  that  purpose,  is  hereby  authorized  to  designate  and  appoint 

36399  competent  persons,  whose  compensation  shall  be  fixed  by  the 

36400  Secretary  of  the  Interior  and  paid  by  the  United  States. 

36401  2d.  The  first  general  council  shall  consist  of  one  member 

36402  from  each  tribe,  and  an  additional  member  for  each  one  thousand 

36403  Indians,  or  each  fraction  of  a  thousand  greater  than  five  hundred, 

36404  being  members  of  any  tribe  lawfully  resident  in  said  Territory, 


816 

36405  and  shall  be  elected  by  said  tribes,  respectively,  who  may  assent 

36406  to  the  establishment  of  said  general  council ;  and  if  none  should 

36407  be  thus  formally  selected  by  any  nation  or  tribe,  the  said  nation 

36408  or  tribe  shall  be  represented  in  said  general  council  by  the  chiefs 

36409  and  head-men  of  said  tribes,  to  be  taken  in  the  order  of  their 

36410  rank,  in  the  same  number  and  proportion  as  above  indicated. 

36411  After  the  said  census  shall  have  been  taken  and  completed,  the 
156412  superintendent  of  Indian  affairs  shall  publish  and  declare   to 

36413  each  tribe  the  number  of  members  of  said  council  to  which  they 

36414  shall  be  entitled  under  the  provisions  of  this  article ;  and  the 

36415  persons  so  entitled  to  represent  said  tribe  shall  meet  at  such 

36416  time  and  place  as  he  shall  appoint,  but  thereafter  the  time  and 

36417  place  of  the  sessions  of  said  council  shall  be  determined  by  its 

36418  action :  Provided,  That  no  session  in  any  one  year  shall  exceed 

36419  the  term  of  thirty  days :  And  provided,  That  special  sessions  of 

36420  said  council  may  be  called  by  said  superintendent  whenever,  in 

36421  his  judgment,  or  that  of  the  Secretary  of  the  Interior,  the  in- 

36422  terest  of  said  tribes  shall  require. 

36423  3d.  Said  general  council  shall  have  power  to  legislate  upon 

36424  all  rightful  subjects  and  matters  pertaining  to  the  intercourse 

36425  and  relations  of  the  Indian  tribes  and  nations  resident  in  said 

36426  Territory;  the  arrest  and  extradition  of  criminals  and  offenders 

36427  escaping  from  one  tribe  to  another;  the  administration  of  jus- 

36428  tice  between  members  of  the  several  tribes  of  said  Territory, 

36429  and  persons  other  than  Indians  and  members  of  said  tribes  or 

36430  nations  ;  the  construction  of  works  of  internal  improvement,  and 

36431  the  common  defence  and  safety  of  the  nation  of  said  Territory. 

36432  All  laws  enacted  by  said  council  shall  take  effect  at  such  time 

36433  as  may  therein  be  provided,  unless  suspended  by  direction  of 

36434  the  Secretary  of  the  Interior  or  the  President  of  the  United 

36435  States.    No  law  shall  be  enacted  inconsistent  with  the  Oonstitu- 

36436  tion  of  the  United  States,  or  the  laws  of  Congress,  or  existing 

36437  treaty  stipulations  with  the  United  States,  nor  shall  said  coun- 

36438  cil  legislate  upon  matters  pertaining  to  the  organization,  laws, 

36439  or  customs  of  the  several  tribes,  except  as  herein  provided  for. 

36440  4th.  Said  council  shall  be  presided  over  by  the  superintend- 

36441  ent  of  Indian  affairs,  or,  in  case  of  his  absence  for  any  cause, 

36442  the  duties  of  said  superiutendent  enumerated  in  this  article 

36443  shall  be  performed  by  such  person  as  the  Secretary  of  the  In- 

36444  terior  may  direct. 

5th.  The  Secretary  of  the  Interior  shall  appoint  a  secretary 

446  of  said  council,  whose  duty  it  shall  be  to  keep  an  accurate  record 

36447  of  all  the  proceedings  of  said  council,  and  who  shall  transmit  a 

48  true  copy  of  all  such  proceedings,  duly  certified  by  the  superin- 

>449  tendent  of  Indian  affairs,  to  the  Secretary  of  the  Interior  imme- 

36450  diately  after  the  session  of  said  council.    He  shall  be  paid  out 


817 

36451  of  the  Treasury  of  the  United  States  an  annual  salary  of  five 

36452  hundred  dollars. 

3C453  6th.  The  members  of  said  council   shall   be  paid   by  the 

36454  United  States  the  sum  of  four  dollars  per  diem  during  the  time 

36455  actually  in  attendance  upon  the  "sessions  of  said  coucil,  and  at 

36456  the  rate  of  four  dollars  for  every  twenty   miles   necessarily 

36457  travelled  by  them  in  going  to  said  council  and  returning  to  their 

36458  homes,  respectively,  to  be  certified  by  the  secretary  of  the  said 

36459  council  and  the  sup[erintenden]t  of  Indian  affairs. 

36460  7th.  The  Seniinoles  also  agree  that  a  court  or  courts  may  be 
35461  established  in  said  Territory,  with  such  jurisdiction  and  organized 

36462  in  such  manner  as  Congress  may  by  law  provide. 

36463  ARTICLE  8.  The  stipulations  of  this  treaty  are  to  be  a  full 

36464  settlement  of  all  claims  of  said  Seininole  Nation  for  damages 

36465  and  losses  of  every  kind  growing  out  of  the  late  rebellion,  and 

36466  all  expenditures  by  the  United  States  of  annuities  in  clothing 

36467  and  feeding  refugee  and  destitute  Indians  since  the  diversion  of 

36468  annuities  for  that  purpose,  consequent  upon  the  late  war  with 

36469  the  so-called  Confederate  States ;  and  the  Semiuoles  hereby  rat- 

36470  ify  and  confirm  all  such  diversions  of  annuities  heretofore  made 

36471  from  the  funds  of  the  Seminole  Nation  by  the  United  States. 

36472  And  the  United  States  agree  that  no  annuities  shall  be  diverted 

36473  from  the  object  for  which  they  were  originally  devoted  by  treaty 

36474  stipulations  with  the  Seininoles,  to  the  use  of  refugee  and  desti- 

36475  tute  Indians,  other  than  the  Seniinoles  or  members  of  the  Semi- 

36476  nole  Nation,  after  the  close  of  the  present  fiscal  year,  June  thir- 

36477  tieth,  eighteen  hundred  and  sixty-six. 

36478  ARTICLE  9.  The  United  States  re-affirms  and  reassumes  all 

36479  obligations  of  treaty  stipulations  entered  into  before  the  treaty 

36480  of  said  Seminole  Nation  with  die  so-called  Confederate  States, 

36481  August  first,  eighteen  hundred  and  sixty-one,  not  inconsistent 

36482  herewith ;  and  further  agree  to  renew  all  payments  of  annuities 

36483  accruing  by  force  of  said  treaty  stipulations  from  and  after  the 

36484  close  of  the  present  fiscal  year,  June  thirtieth,  in  the  year  of 

36485  our  Lord  one  thousand  eight  hundred  and  sixty-six,  except  as  is 

36486  provided  in  article  eight,  (viii.) 

36487  ARTICLE  10.  A  quantity  of  land  not  exceeding  six  hundred 

36488  and  forty  acres,  to  be  selected  according  to  legal  subdivisions, 

36489  in  one  body,  and  which  shall  include  their  improvements,  is 

36490  hereby  granted  to  every  religious  society  or  denomination  which 

36491  has  erected,  or  which,  with  the  consent  of  the  Indians,  may 

36492  hereafter  erect,  buildings  within  the  Seminole  country  for  mis- 

36493  sionary  or  educational  purposes;  but  no  land  thus  granted,  nor 

36494  the  buildings  which  have  been  or  may  be  erected  thereon,  shall 

36495  ever  be  sold  or  otherwise  disposed  of  except  with  the  consent 

36496  and  approval  of  the  Secretary  of  the  Interior.    And  whenever 

36497  any  such  land  or  buildings  shall  be  so  sold  or  disposed  of,  the 

103  I  T 


818 

30498  proceeds  thereof  shall  be  applied,  under  the  direction  of  the 

30499  Secretary  of  the  Interior,  to  the  support  and  maintenance   o 

30500  other  similar  establishments  for  the  benefit  of  the  Seminoles 

30501  and  such  other  persons  as  may  be,  or  may  hereafter  become, 

30502  members  of  the  tribe  according  to  its  laws,  customs,  and  usages. 

30503  ARTICLE  11.  It  is  further  agreed  that  all  treaties  heretofore 

30504  entered  into  between  the  United  States  and  the  Seminolc  Nation, 

30505  which  are  inconsistent  with  any  of  the  articles  or  provisions  of 
.'50500  this  treaty,  shall  be,  and  are  hereby,  rescinded  and  annulled. 
30507  Proclaimed  August  10,  1800. 


30508  SENEGAS. 

30501)  Contract  entered  into,  under  the  sanction  of  the  United  State*  of 

30510  America,  between  Robert  Morris  and  the  Senega  Nation  of 

30511  Indian*. 

30512  This  indenture,  made  the  fifteenth  day  of  September,  in  the 
3G513  year  of  our  Lord  one  thousand  seven  hundred  and  ninety-seven, 

30514  between  the  sachems,  chiefs,  and  warriors  of  the  Seneka  Nation 

30515  of  Indians,  of  the  first  part,  and  Eobert  Morris,  of  the  city  of 
30510  Philadelphia,  esquire,  of  the  second  part : 

30517  Whereas  the  Commonwealth  of  Massachusetts  have  granted, 

30518  bargained,  and  sold  unto  the  said  Eobert  Morris,  his  heirs  and 

30519  assigns,  forever,  the  pre-emptive  right,  and  all  other  the  right, 

30520  title,  and  interest,  which  the  said  Commonwealth  had  to  all  that 

30521  tract  of  land  hereinafter  particularly  mentioned,  being  part  of  a 

30522  tract  of  land  lying  within   the  State  of  New  York,  the  right  of 

30523  pre-emption  of  the  soil  whereof,  from   the  native  Indians,  was 

30524  ceded  and  granted  by  the  said   State  of  New  York  to  the  said 

30525  Commonwealth ;  and 

3G52G  Whereas  at  a  treaty  held  under  the  authority  of  the  United 

30527  States,  with  the  said  Seneka  Nation  of  Indians,  at  Geuesee,  in 

30528  the  county  of  Ontario,  and  State  of  New  York,  on  the  day  of 

30529  the  date  of  these  presents,  and  on  sundry  days  immediately  prior 

30530  thereto,  by  the  honorable  Jeremiah  Wadsworth,  esquire,  a  com- 

30531  missioner  appointed  by  the  President  of  the  United  States  to 
20532  hold  the  same,  in  pursuance  of  the  Constitution  and  of  the  act 

30533  of  the  Congress  of  the  United  States  in  such  case  made  and  pro- 

30534  vided,  it  was  agreed,  in  the  presence  and  with  the  approbation 

30535  of  the  said  commissioner,  by  the  sachems,  chiefs,  and  warriors 
3G53G  of  the  said  nation  of  Indians,  for  themselves  and  in  behalf  of  their 

|G537  nation,  to  sell  to  the  said  Eobert  Morris,  and  to  his  heirs  and 

assigns,  forever,  all  their  right  to  all  that  tract  of  land  above 

•539  recited,  and  hereinafter  particularly  specified,  for  the  sum  of  one 

3G540  hundred  thousand  dollars,  to  be  by  the  said  Eobert  Morris  vested 


819 

365H  in  the  stock  of  the  Bank  of  the  United  States,  and  held   in  the 

3654U  name  of  the  President  of  the  United  States,  for  the  use  and  be- 

36543  hoof  of  the  said  nation  of  Indians,  the  said  agreement  and  sale, 

36544  being  also  made  in  the  presence,  and  with  the  approbation,  of 

36545  the  honorable  William  Shepard,  esquire,  the  superintendent  up- 

36546  pointed  for  su:;h  purpose,  in  pursuance  of  a  resolve  of  the  gen- 

36547  eral  court  of  the  Commonwealth  of  Massachusetts,  passed  the 
.'16548  eleventh  day  of  March,  in   the  year  of  our  Lord   one  thousand 

36549  seven  hundred  and  ninety-one  : 

36550  Now   this  indenture  witnesseth,    That   the  said  parties  of 

36551  the  first  part,  for  and  in  consideration  of  the  premises  above 

36552  recited,  and   for   divers  other   good   and   valuable    considera- 

36553  tions  them  thereunto   moving,  have  granted,  bargained,  sold, 

36554  aliened,   released,    enfeorfed,    and    confirmed;    juid    by    these 

36555  presents   do   grant,   bargain,   sell,   alien,   release,   enfeoff,  and 

36556  confirm   unto  the  said  party  of  the  second  part,  his  heirs  and 

36557  assigns,  forever,  all  that  cert  sin  tract  of  land,  except  as  is  herein- 

36558  after  excepted,  lying  within  the  county  of  Ontario,  and  State  of 

36559  New  York,  being  part  of  a  tract  of  land   the  right  of  pre-emp- 

36560  tion  whereof  was  ceded  by  the  State  of  Xew  York  to  the  Gom- 
3656L  monwealth  of  Massachusetts,  by  deed  of  cession   executed   at 
36561?  IJartt'ord.  on  the  sixteenth  day  of  December,  in  the  year  of  our 

36563  Lord  one  thousand  seven  hundred  and  eighty- six,  being  all  such 

36564  part  thereof  as  is  not  included  in  the  Indian  purchase  made  by 

36565  Oliver  Phelphs  and  Nathaniel  Gorham,  and  bounded  as  follows, 

36566  to  wit:  easterly,  by  the  land  confirmed   to  Oliver  1'helps  and 

36567  Nathaniel  Gorham  by  the  legislature  of  the  Commonwealth  of 

36568  Massachusetts,  by  an  act  passed  the  twenty-first  day  of  Novem- 

36569  ber,  in  the  year  of  our  Lord  one  thousand  seven  hundred  and 

36570  eighty-eight ;  southerly,  by  the  north  boundary-line  of  the  State 

36571  of  Pennsylvania  ;  westerly,  partly  by  a  tract  of  land,   part  of 
3657U  the  land  ceded  by  the  State  of  Massachusetts  to  the  United 

36573  States,  and  by  them  sold  to  Pennsylvania,  being  a  right-angled 

36574  triangle,  whose  hypothenuse  is  in   or  along  the  shore  of  Lake 

36575  Erie  ;  partly  by  Lake  Erie,  from  the  northern  point  of  that  tri- 

36576  angle  to  the  southern   bounds  of  a  tract  of  land  one  mile  in 

36577  width,  lying  on  and  along  the  east  side  of  the  Strait  of  Niagara, 

36578  and  partly  by  the  said  tract  to  Lake  Ontario;  and  on  the  north 

36579  by  the  boundary-line  between  the  United  States  and  the  King 

36580  of  Great  Britain  ;  excepting,  nevertheless,  and  always  reserving 

36581  out  of  this  grant  and  conveyance,  all  such  pieces  or  parcels  of 

36582  the  aforesaid  tract,  and  such  privileges  thereunto  belonging,  as 
365S3  are  next  hereinafter  particularly  mentioned,  which  said  pieces 

36584  or  parcels  of  land  so  excepted  are,  by  the  parties  to  these  pres- 

36585  cuts,  clearly  and  fully  understood  to  remain  the  property  of  the 

36586  said  parties  of  the  first  part,  in  as  full  and  ample  manner  as  if 


820 

36587  these  presents  bad  not  been  executed  ;  that  is  to  say,  excepting 

36588  and  reserving  to  them,  the  said  parties  of  the  first  part,  and 

36589  their  nation,  one  piece  or  parcel  of  the  aforesaid  tract,  at  Cana- 

36590  wagus,  of  two  square  miles,  to  be  laid  out  in  such  manner  as  to 

36591  include  the  village,  extending  in  breadth  one  mile  along  the 
30592  river ;  one  other  piece  or  parcel  at  Big  Tree,  of  two  square 
36593  miles,  to  be  laid  out  in  such  manner  as  to  include  the  village, 

30594  extending  in  breadth  along  the  river  one  mile  ;  one  other  piece 

30595  or  parcel  of  two  square  miles  at  Little  Beard's  town,  extending 
30590  one  mile  along  the  river,  to  be  laid  off  in  such  manner  as  to  in- 

30597  elude  the  village;    one  other  tract   of  two  square  miles,   at 

30598  Squawky  Hill,  to  be  laid  off  as  follows,  to  wit :  one  square  mile 

30599  to  be  laid  off  along  the  river,  in  such  manner  as  to  include  the 

30000  village,  the  other  directly  Avest  thereof  and  contiguous  thereto  ; 

30001  one  other  piece  or  parcel  at  Gardeau,  beginning  at  the  mouth  of 

30002  Steep-Hill  Creek,thence  due  east  until  it  strikes  the  old  path,thence 

30003  south  until  a  due  west  line  will  intersect  with  certain  steep  rocks 

30004  on  the  west  side  of  Genesee  Kiver,  then  extending  due  west,  due 
,'56605  north,  and  due  east,  until  it  strikes  the  first-mentioned  bound, 
36606  enclosing  as  much  land  on  the  west  side  as  on  the  east  side  of  the 

30007  river.     One  other  piece  or  parcel  at  Kaounadeau,  extending  in 

30008  length  eight  miles  along  the  river  and  two  miles  in.  breadth.  One 

30009  other  piece  or  parcel  at  Cataraugos,  beginning  at  the  mouth  of  the 

30010  Eighteen-Mile  or  Koghquangu  Creek,  thence  a  line  or  lines  to  be 

30011  drawn  parallel  to  Lake  Erie  at  the  distance  of  one  mile  from  the  lake 

30012  to  the  mouth  of  Cataraugos  Creek,  thence  a  line  or  lines  extend- 

30013  ing  twelve  miles  up  the  north  side  of  said  creek  at  the  distanc3 

30014  of  one  mile  therefrom  ;  thence  a  direct  line  to  the  said  creek  ; 

30015  thence  down  the  said  creek  to  Lake  Erie ;  thence  along  the  lake 
33010  to  the  first-mentioned  creek,  and  thence  to  the  place  of  begin  - 

30017  ning.    Also  one  other  piece  at  Cataraugos,  beginning  at  the 

30018  shore  of  Lake  Erie  on  the  south  side  of  Cataraugos  Creek,  at  the 
36619  distance  of  one  mile  from  the  mouth  thereof ;  thence  running 
.'56020  one  mile  from  the  lake  ;  thence  on  a  line  parallel  thereto  to  a 
.'50021  point  within  one  mile  from,  the  Connondauweyea  Creek  ;  thence 

30022  up  the  said  creek  one  mile  on  a  line  parallel  thereto  ;  thence  on 

30023  a  direct  line  to  the  said  creek  ;  thence  down  the  same  to  Lake 
.'50024  Erie;  thence  along  the  lake  to  the  place  of  beginning.    Also 
30025  one  other  piece  or  parcel  of  forty-two  square  miles  at  or  near  the 
3GG2G  Allegenuy  River.    Also,  two  hundred  square  miles  to  be  laid  off 
30027  partly  at  the  Buffalo  and  partly  at  the  Taunawanta  Creeks. 
3GG28  Also,  excepting  and  reserving  to  them,  the  said  parties  of  the 
.'50029  first  part,  and  their  heirs,  the  privilege  of  fishing  and  hunting 
30630  on  the  said  tract  of  land  hereby  intended  to  be  conveyed.    And 

36631  it  is  hereby  understood    by  and  between  the  parties  to  these 

36632  presents  that  all  such  pieces  or  parcels  of  land  as  are  hereby 


821 


36633 
36634 
36635 
36636 
36637 
36638 
36639 
36640 
36641 
36642 
36643 
36644 
36645 
36646 
36647 


reserved,  aud  are  not  particularly  described  as  to  the  iiiaimer  in 
which  the  same  are  to  be  laid  off,  shall  be  laid  off  in  such  man 
ner  as  shall  be  determined  by  the  sachems  and  chiefs  residing 
at  or  near  the  respective  villages  where  such  reservations  are 
made,  a  particular  note  whereof  to  be  endorsed  on  the  back  of 
this  deed  and  recorded  therewith,  together  with  all  and  singular 
the  rights,  privileges,  hereditaments,  and  appurtenances  there 
unto  belonging  or  in  anywise  appertaining.  And  all  the  estate, 
right,  title,  and  interest,  whatsoever,  of  them,  the  said  parties 
of  the  first  part,  and  their  nation,  of,  in,  and  to  the  said  tract  of 
land  above  described,  except  as  is  above  excepted,  to  have  and 
to  hold  all  and  singular  the  said  granted  premises,  with  the  ap 
purtenances,  to  the  said. party  of  the  second  part,  his  heirs,  and 
assigns,  to  his  and  their  proper  use,  benefit,  and  behoof  forever. 
Concluded  September  15,  1797. 


36648  This  indenture,  made  the  thirtieth  day  of  June,  in  the  year  of  our 

36649  Lord  one  thousand  eight  hundred  and  two,  between  the  sachems'1 

36650  chiefs,  and  warriors  of  the  Seneca  Nation  of  Indians,  of  the 

36651  first  part,  and  Wilhem  Willink,  Pieter  Van  Eeghen,  Hendrik 

36652  Vollenhoven,  W.  Willink,  the  younger  ;  I.  Willing,  the  younger, 

36653  (son  of  Jan  ; )  Jan  Gabriel  Van  Staphorst,  Eoelof  Van  Staphorst, 

36654  the  younger  ;  Cornells  Vollenhoven,  and  Hendrik  8eye,  all  of 

36655  the  city  of  Amsterdam  and  republic  of  Batavia,  by  Joseph  Elli- 

36656  cott,  esquire,  their  agent  and  attorney,  of  the  second  part. 

36657  Whereas  at  a  treaty  held  under  the  authority  of  the  United 

36658  States  with  the  said  Seneca  Nation  of  Indians,  at  Buffalo  Creek, 

36659  in  the  county  of  Ontario,  and  State  of  New  York,  on  the  day  of 

36660  the  date  of  these  presents,  by  the  honorable  John  Taylor,  esquire, 

36661  a  commissioner  appointed  by  the  President  of  the  United  States 

36662  to  hold  the  same,  in  pursuance  of  the  Constitution  and  of  the 

36663  act  of  the  Congress  of  the  United  States  in  such  case  made  and 

36664  provided,  a  convention  was  entered  into,  in  the  presence  and 

36665  with  the  approbation  of  the  said  commissioner,  between  the  said 

36666  Seneca  Nation  of  Indians  and  the  said  Wilhem  Willink,  Pieter 

36667  Yan  Eeghen,  Hendrik  Vollenhoven,  W.  Willink,  the  younger; 

36668  I.  Willink,  the  younger,  (son  of  Jan;)  Jan  Gabriel  Van  Sta- 

36669  phorst,  Eoelof  Van  Staphorst,  the  younger ;  Cornells  Volleu. 

36670  hoveu,  and  Hendrik  Seye,  by  the  said  Joseph  Ellicott,  their 

36671  agent  and  attorney,  lawfully  constituted  and  appointed  for  that 

36672  purpose : 

36673  Now  this  indenture  wituesseth  that  the  said  parties  of  the 

36674  first  part,  for  and  in  consideration  of  the  lands  hereinafter  de 

36675  scribed,  do  hereby  exchange,  cede,  and  forever  quit-claim,  to  the 


822 

36676  said  parties  of  the  second  part,  their  heirs  and  assigns,  all  those 

36677  lauds  situate,  lying  and  being  in  the  county  of  Ontario   and 

36678  State  of  New  York,  being  part  of  the  lands  described  and  re- 

36679  served  by  the  said  parties  of  the  first  part,  in  a  treaty  or  con- 

36680  vention  held  by  the  honorable  Jeremiah  Wadsworth,  esquire, 

36681  under  the  authority  of  the  United  States,  on  the  Genesee  River, 
3GG82  the  15th  day  of  September,  one  thousand  seven  hundred  and 

36683  ninety-seven,  in  words  following,  viz  : 

36684  "  Beginning  at  the  mouth  of  the  Eighteen-Mile  or  Kogli- 

36685  quaw-gu  Creek,  thence  a  line  or  lines  to  be  drawn  parallel  to 

36686  Lake  Erie,  at  the  distance  of  one  mile  from  the  lake,  to  the 

36687  mouth  of  Oataraugos  Creek  ;  thence  a  line  or  lines  extending 

36688  twelve  miles  up  the  north  side  of  said  creek,  at  the  distance  of  one 

36689  mile  therefrom ;  thence  a  direct  line  to  the  said  creek ;  thence  down 

36690  the  said  creek  to  Lake  Erie ;  thence  along  the  lake  to  the  first- 
3G691  mentioned  creek,  and  thence  to  the  place  of  beginning.    Also, 

36692  one  other  piece,  at  Cataraugos,  beginning  at  the  shore  of  Lake 

36693  Erie,  on  the  south  side  of  Cataraugos  Creek,  at  the  distance  of 

36694  one  mile  from  the  mouth  thereof;  thence  running  one  mile  from 

36695  the  lake  ;  thence  on  a  line  parallel  thereto  to  a  point  within  one 

36696  mile  from  the  Con-non-dau-we-gea  Creek ;  thence  up  the  said 

36697  creek  one  mile  on  a  line  parallel  thereto  ;  thence  on  a  direct  line 

36698  to  the  said  creek ;  thence  down  the  same  to  Lake  Erie ;  thence 

36699  along  the  lake  to  the  place  of  beginning  ;''  reference  being  there- 

36700  unto  had  will  fully  appear.     Together  with  all  and  singular  the 

36701  rights,  privileges,  hereditaments,  and  appurtenances  thereunto 

36702  belonging  or  in  anywise  appertaining;  and  all  the  estate,  right, 

36703  title,  and  interest  whatsoever  of  them,  the  said  parties  of  the 

36704  first  part,  and  their  nation,  of,  in,  and  to  the  said  tracts  of  land 

36705  above  described,  to  have  and  to  hold  all  and  singular  the  said 

36706  granted  premises,  with  the  appurtenances,  to  the  said  parties  of 

36707  the  second  part,  their  heirs  and  assigns,  to  their  only  proper 

36708  use.  benefit,  and  behoof  forever. 

36709  And  in  consideration  of  the  said  lauds  described  and  ceded 

36710  as  aforesaid,  the  said  parties  of  the  second  part,  by  Joseph  Elli- 

36711  cott,  their  agent  and  attorney  as  aforesaid,  do  hereby  exchange, 

36712  cede,  release,  and  quit-claim  to  the  said  parties  of  the  first  part, 

36713  and  their  nation,  (the  said  parties  of  the  second  part  reserving 

36714  to  themselves  the  right  of  pre-emption,)  all  that  certain  tract  or 

36715  parcel  of  land  situate  as  aforesaid.    Beginning  at  a  post  marked 

36716  No.  0,  standing  on  the  bank  of  Lake  Erie,  at  the  mouth  of 

36717  Cataraugos  Creek,  and  on  the  north  bank  thereof;  thence  along 

36718  the  shore  of  said  lake  N.  11°  E.  21  chains  ;  N.  thirteen  degrees 

36719  east  45  chains;  N.  19°  E.  14  chains  65  links  to  a  post;  thence 

36720  east  119  chains  to  a  post;  thence  south  14  chains  27  links  to  a 

36721  post ;  thence  east  640  chains  to  a  post  standing  in  the  meridian 


823 


36724 
36725 
3672C 


36728 
36729 
36730 
36731 
36732 
36733 


36736 
36737 
36738 
36739 
36740 
36741 
36742 
36743 

33744 
33745 
36746 
36747 
36748 
36749 
36750 
36751 
36752 
36753 
36754 
36755 
36756 
36757 
36758 
36759 
36760 
36761 
36762 
36763 
36764 
36765 

36766 


between  the  8th  and  9th  ranges;  thence  along  said  meridian 
south  617  chains  75  links,  to  a  post  standing  on  the  south  bank 
of  Cataraugos  Creek  ;  thence  west  160  chains  to  a  post ;  thence 
north  290  chains  25  links  to  a  post;  thence  west  482  chains  31 
links  to  a  post;  thence  north  219  chains  50  links  to  a  post 
standing  on  the  north  bank  of  Cataraugos  Creek;  theiice  down 
the  same  and  along  the  several  meanders  thereof  to  the  place  of 
beginning.  To  hold  to  the  said  parties  of  the  first  part  in  the 
same  manner  and  by  the  same  tenure  as  the  lands  reserved  by 
the  said  parties  of  the  first  part  in  and  by  the  said  treaty  or 
convention  entered  into,  on  Genesee  River,  the  15th  day  of  Sep 
tember,  one  thousand  seven  hundred  and  ninety-seven,  as  afore 
said,  were  intended  to  be  held. 
Proclaimed  January  12?  1803. 

At  a  treat i/  held  under  the  authority  of  the  United  States  at  Buffalo 
Creel',  in  the  county  of  Ontario,  and  State  of  New  York,  be 
tween  the  sachems,  chiefs,  and  warriors  of  the  Seneca  Nation 
of  Indians,  on  behalf  of  said  nation,  and  Oliver  Phelps,  esq., 
of  the  count)/  of  Ontario,  Isaac  Bronson,  esq.,  of  the  city  of 
Neic  York,  and  Horatio  Jones,  of  the  said  county  of  Ontario, 
in  the  presence  of  John  Tayler,  esq.,  commissioner  appointed 
Inj  the  President  of  the  United  States  for  holding  said  treaty. 

Know  all  men  by  these  presents  that  the  said  sachems, 
chiefs,  and  warriors,  for  and  in  consideration  of  the  sum  of 
twelve  hundred  dollars,  lawful  money  of  the  United  States,  unto 
them  in  hand  paid  by  the  said  Oliver  Phelps,  Isaac  Brousou, 
and  Horatio  Jones,  at  or  immediately  before  the  sealing  and  de 
livery  hereof,  the  receipt  whereof  is  hereby  acknowledged,  have 
and  by  these  presents  do  grant,  remise,  release,  and  forever 
quit-claim  and  confirm  unto  the  said  Oliver  Phelps,  Isaac  Brou- 
son,  and  Horatio  Jones,  and  to  their  heirs  and  assigns,  all  that 
tract  of  land  commonly  called  and  known  by  the  name  of  Little 
Beard's  reservation,  situate,  lying,  and  being  in  the  said  county 
of  Ontario,  bounded  on  the  east  by  the  Genesee  River  and 
Little  Beard's  Creek,  on  the  south  and  west  by  other  lands  of 
the  said  parties  of  the  second  part,  and  on  the  north  by  Big- 
Tree  reservation,  containing  two  square  miles,  or  twelve  hun 
dred  and  eighty  acres,  together  with  all  and  singular  the  here 
ditaments  and  appurtenances  whatsoever  thereunto  belonging, 
or  in  anywise  appertaining,  to  hold  to  them,  the  said  Oliver 
Phelps,  Isaac  Bronson,  and  Horatio  Jones,  their  heirs  and  as 
signs,  to  the  only  proper  use  and  behoof  of  them,  the  said  Oliver 
Phelps,  Isaac  Bronson,  and  Horatio  Jones,  their  heirs  and  as 
signs  forever. 

Proclaimed  February  7,  1803. 


824 

30707  Articles  of  a  treaty  made  and  concluded  at  Buffalo  Creek,  in  the 
3G768  State  of  Neiv  York,  on  the  twentieth  day  of  May,  in  the  year 

3G769  one  thousand  eight  hundred  and  forty -two,  between  the  United 

30770  States  of  America,  acting  herein  by  Ambrose  Spencer,  their  com- 

3G771  missioner,  thereto  duly  authorized,  on  the  one  part,  and  the 

30772  ch  iefs,  head-men,  and  warriors  of  the  Seneca  Nation  of  Indians, 

30773  duly  assembled  in  council,  on  the  other  part. 

30774  Whereas  a  treaty  was  heretofore  concluded  and  made  be- 

30775  tween  the  said  United  States  and  the  chiefs,  head- men,  and  war- 
30770  riors  of  the  several  tribes  of  New  York  Indians,  dated  the  fif- 

30777  teeuth  day  of  January,  in  the  year  one  thousand  eight  hundred 

30778  and  thirty-eight,  which  treaty  having  been  afterwards  amended, 

30779  was  proclaimed  by  the  President  of  the  United  States  on  the 

30780  fourth  of  April,  one  thousand  eight  hundred  and  forty,  to  have 

30781  been  duly  ratified ;  and,  (see  page  548,) 

30782  Whereas  on  the  day  of  making  this   treaty,  and  bearing 

30783  even  date  herewith,  a  certain  indenture  was  made,  executed,  and 

30784  concluded  by  and  between  the  said  Seneca  Nation  of  Indians  and 

30785  Thomas  L.  Ogden  and  Joseph  Fellows,  assignees  under  the  State 
30780  of  Massachusetts,  in  the  presence  and  with  the  approbation  of 
3G7S7  a  commissioner  appointed  by  the  United  States,  and  in  the  pres- 

30788  ence  and  with  the  approbation  of  Samuel  Hoare,  a  superiutend- 

30789  ent  on  the  part  of  the  Commonwealth  of  Massachusetts,  which 
3(5790  indenture  is  in  the  words  and  figures  following,  to  wit: 

30791  "This  indenture,  made  and  concluded  between   Thomas 

30792  Ludlow  Ogden,  of  the  city  of  New  York,  and  Joseph  Fellows,  of 

30793  Geneva,  in  the  county  of  Ontario,  of  the  one  part,  and  the  chiefs 

30794  and  head-men  of  the  Seneca  Nation  of  Indians  on  the  other  part, 

30795  at  a  council  duly  assembled  and  held  at  Buffalo  Creek,  in  the 

30790  State  of  New  York,  on  the  twentieth  day  of  May,  in  the  year  one 

30797  thousand  eight  hundred  and  forty-two,  in  the  presence  of  Samuel 

30798  Hoare,  the  superintendent  thereto  authorized  and  appointed  by 

30799  and  on  the  part  of  the  Commonwealth  of  Massachusetts,  and  of 

30800  Ambrose  Spencer,  a  commissioner  thereto  duly  appointed  and 

30801  authorized  on  the  part  of  the  United  States. 

30802  «  Whereas  at  a  council  held  at  Buffalo  Creek  on  the  fifteenth 

30803  day  of  January,  in  the  year  one  thousand  eight  hundred  and 

30804  thirty-eight,  an  indenture  of  that  date  was  made  and  executed 

30805  by  and  between  the  parties  to  this  agreement,  whereby  the  chiefs 
30800  and  head-men  of  the  Seneca  Nation  of  Indians,  for  the  consider- 

30807  ation  of  two  hundred  and  two  thousand  dollars,  did  grant,  bar- 

30808  gain,  release,  and  confirm  unto  the  said  Thomas  Ludlow  Ogden 

30809  and  Joseph  Fellows  all  those  four  several  tracts  of  land  situate 
3G810  within  the  State  of  New  York,  then  and  yet  occupied  by  the  said 

*11  nation,  or  the  people  thereof,  severally  described  in  the  said  in- 

30812  denture  as  the  Buffalo  Creek  reservation,  containing  by  estima. 


825 

36813  tioii  forty-nine  thousand  nine  hundred  and  twenty  acres  of  land ; 

36814  the  Cattaraugus  reservation,  containing  by  estimation  twenty  - 

36815  one  thousand  six  hundred  and  eighty  acres  of  land;  the  Allegany 

36816  reservation,  containing  by  estimation  thirty  thousand  four  hun- 

36817  dred  and  sixty-nine  acres  of  land;  and  the  Tonnewauda  reserva- 

36818  tion,  containing  by  estimation  twelve  thousand  eight  hundred 
36810  acres  of  land  ;  a  duplicate  of  which  indenture  was  annexed  to  a 

36820  treaty  of  the  same  date  made  between  the  United  States  of 

36821  America  and  the  chiefs,  head-men,  and  warriors  of  the  several 

36822  tribes  of  New  York  Indians  assembled  in  council,  which  treaty 

36823  was  amended  and  proclaimed  by  the  President  of  the  United 

36824  States  on  the  fourth  of  April,  one  thousand  eight  hundred  and 

36825  forty,  as  having  been  duly  ratified,  as  by  the  said  indenture, 

36826  treaty,  and  proclamation  more  fully  appear;  and 

36827  "Whereas  divers  questions  and  differences  having  arisen 

36828  between   the  chiefs  and  head-men  of  the  Seneca   Nation   of 
36820  Indians,  or  some  of  them,  and  the  said  Thomas  Ludlow  Ogden 

36830  and  Joseph  Fellows  in  relation  to  the  said  indenture,  and  the 

36831  rights  of  the  parties  thereto,  and  the  provisions  contained  in  the 

36832  said  indenture  being  still  unexecuted,  the  said  parties  have  mu- 

36833  tually  agreed  to  settle,  compromise,  and  finally  terminate  all 

36834  such  questions  and  differences  on  the  terms  and  conditions  here- 

36835  inafter  specified : 

36836  "Now,  therefore,  it  is  hereby  mutually  declared  and  agreed 

36837  by  and  between  the  said  parties  as  follows  : 

36838  .          "ARTICLE  1.  The  said  Thomas  Ludlow  Ogden  and  Joseph 
36830  Fellows,  in  consideration  of  the  release  and  agreements  herein- 

36840  after  contained,  on  the  part  of  the  said  Seneca  Nation,  do  on 

36841  their  part  consent,  covenant,  and  agree  that  they,  the  said  nation, 

36842  (the  said  indenture  notwithstanding,)  shall  and  may  continue  in 

36843  the  occupation  and  enjoyment  of  the  whole  of  the  said  two  sev- 

36844  era!  tracts  of  land  called  the  Cattaraugus  reservation  and  the 

36845  Allegany  reservation,  with  the  same  right  and  title  in  all  things 

36846  as  they  had  and  possessed  therein  immediately  before  the  date 

36847  of  the  said  indenture,  saving  and  reserving  to  the  said  Thomas 

36848  Ludlow  Ogden  and  Joseph  Fellows  the  right  of  pre-emption,  and 
36840  all  other  the  right  and  title  which  they  then  had  or  -held  in  or 

36850  to  the  said  tracts  of  land. 

36851  "  ARTICLE  2.  The  chiefs  and  head-men  of  the  Seneca  Na- 

36852  tion  of  Indians,  in  consideration  of  the  foregoing,  and  of  the 

36853  agreement  next  hereinafter  contained,  do  on  their  part  grant, 

36854  release,  and  confirm  unto  the  said  Thomas  Ludlow  Ogdeii  and 

36855  Joseph  Fellows,  and  to  their  heirs  and  assigns,  in  joint  tenancy, 

36856  the  whole  of  the  said  two  tracts  of  land  severally  called  the 

36857  Buffalo    Creek  reservation  and  the   Tonuewanda  reservation, 

36858  and  all  the  right  and  interest  therein  of  the  said  nation. 

104  I  T 


826 

36859  "ARTICLE  3.  It  is  mutually   agreed  between  the  parties 

36860  hereto,  that  in  lieu  of  the  sum  expressed  iii  the  said  indenture,  as 
3C8C1  the  consideration  of  the  sale  and  release  of  the  said  four  tracts 

36862  of  land,  there  shall  be  paid  to  the  said  nation  a  just  considera- 

36863  tion  sum  for  the  release  of  the  two  tracts  hereby  confirmed  to 
35864  the  said  Ogden  and  Fellows,  to  be  estimated  and  ascertained  as 

36865  follows. 

36866  "The  present  value  of  the  Indian  title  to  the  whole  of  the 

36867  said  four  tracts  of  land,  including  the  improvements  thereon, 

36868  shall  for  all  the  purposes  of  this  present  compact  be  deemed  and 

36869  taken  to  be  two  hundred  and  two  thousand  dollars,  of  which 

36870  sum  one  hundred  thousand  dollars  shall  be  deemed  to  be  the 

36871  value  of  such  title  in  and  to  all  the  lands  within  the  said  four 

36872  tracts,  exclusive  of  the  improvements  thereon,  and  one  hundred 

36873  and  two  thousand  dollars  to  be  the  value  of  all  the  improvements 

36874  within  the  said  four  tracts ;  and  of  the  said  sum  of  one  hundred 

36875  thousand  dollars,  the  said  Ogden  and  Fellows  shall  pay  to  the 

36876  Seneca  Nation  such  proportion  as  the  value  of  all  the  lands 

36877  within  the  said  two  tracts  ;  called  the  Buffalo  Creek  and  Tonnc- 

36878  wanda  reservations,  shall  bear  to  the  value  of  all  the  lands 

36879  within  all  the  said  four  tracts  ;  and  of  the  said  sum  of  one  hun- 

36880  dred  and  two  thousand  dollars,  the  said  Ogden  and  Fellows 

36881  shall  pay  such  proportion  as  the  value  of  the  improvements  on 

36882  the  same  two  tracts  shall  bear  to  the  value  of  the  improvements 

36883  on  all  the  said  four  tracts. 

36884  "ARTICLE  4.  The  amount  of  the  consideration  monies  to  be 

36885  paid  in  pursuance  of  the  last  preceding  article  shall  be  deter- 

36886  mined  by  the  judgment  and  award  of  arbitrators,  one  of  whom 

36887  shall  be  named  by  the  Secretary  of  the  War  Department  of  the 

36888  United  States,  and  one  by  the  said  Ogden  and  Fellows  ;  which 

36889  arbitrators,  in  order  to  such  judgment  and  award,  and  to  the 

36890  performance  of  the  other  duties  hereby  imposed  on  them,  may 

36891  employ  suitable  surveyors  to  explore,  examine,  and  report  on 

36892  the  value  of  the  said  lands  and  improvements,  and  also  to  ascer- 

36893  tain  the  contents  of  each  of  the  said  four  tracts,  which  contents 

36894  shall  govern  the  arbitrators  as  to  quantity  in  determining  the 

36895  amount  of  the  said  consideration  money. 

36896  "  The  same  arbitrators  shall  also  award  and  determine  the 

36897  amount  to  be  paid  to  each  individual  Indian  out  of  the  sum 

36898  which,  on  the  principles  above  stated,  they  shall  ascertain  and 

36899  award  to  be  the  proportionate  value  of  the  improvements  on  the 

36900  said  two  tracts  called  Buffalo  Creek  reservation  and  the  Tonne 

36901  wanda  reservation ;  and  in  case  the  said  arbitrators  shall  dis- 

36902  agree  as  to  any  of  the  matters  hereby  submitted  to  them,  they 

36903  may  choose  an  umpire,  whose  decision  thereon  shall  be  final  and 

36904  conclusive;    and  the  said  arbitrators  shall  make  a  report  in 


827 

36905  writing  of  their  proceedings  in  duplicate,  such  reports  to  be 

30906  acknowledged  or  proved  according  to  the  laws  of  the  State  of 

36907  New  York,  in  order  to  their  being  recorded,  one  of  such  reports 

36908  to  be  filed  in  the  office  of  the  Secretary  of  the  Department  of 

36909  War,  and  the  other  thereof  to  be  delivered  to  the  said  Thomas 

36910  L.  Ogden  and  Joseph  Fellows. 

36911  "ARTICLE  5.  It  is  agreed  that  the  possession  of  the  two 

36912  parts  hereby  confirmed  to  the  said  Ogden  and  Fellows  shall  be 

36913  surrendered  and  delivered  up  to  them,  as  follows,  viz:  The  for- 

36914  est  or  unimproved  lands  on  the  said  tracts,  within  one  month 

36915  after  the  report  of  the  said  arbitrators  shall  be  filed  in  the  office 

36916  of  the  Department  of  War,  and  the  improved  lands  within  two 

36917  years  after  the  said  report  shall  have  been  so  filed:  Provided 

36918  ahcaysy  That  the  amount  to  be  so  ascertained  and  awarded  as 

36919  the  proportionate  value  of  the  said  improvements,  shall,  on  the 

36920  surrender  thereof,  be  paid  to  the  President  of  the  United  States, 

36921  to  be  distributed  among  the  owners  of  the  said  improvements 

36922  according  to  the  determination  and  award  of  the  said  arbitra- 

36923  tors  in  this  behalf:  And  provided  further,  That  the  consideration 

36924  for  the  release  and  conveyance  of  the  said  lands  shall  at  the 
36925-  time  of  the  surrender  thereof  be  paid  or  secured  to  the  satisfac- 

36926  tion  of  the  said  Secretary  of  the  War  Department,  the  income 

36927  of  which  is  to  be  paid  to  the  said  Seneca  Indians  annually. 

36928  "  But  any  Indian  having  improvements  may  surrender  the 

36929  same  and  the  land  occupied  by  him  and  his  family  at  any  time 

36930  prior  to  the  expiration  of  the  said  two  years,  upon  the  amount 

36931  awarded  to  him  for  such  improvements  being  paid  to  the  Presi- 

36932  dent  of  the  United  States  or  any  agent  designated  by  him  for 

36933  that  purpose  by  the  said  Ogden  and  Fellows,  which  amount  shall 

36934  be  paid  over  to  the  Indian  entitled  to  the  same,  under  the  direc- 

36935  tions  of  the  War  Department. 

36936  "ARTICLE  6.  It  is  hereby  agreed  and  declared  to  be  the 

36937  understanding  and  intent  of  the  parties  hereto,  that  such  of  the 

36938  said  Seneca  Nation  as  shall  remove  from  the  State  of  New  York 

36939  under  the  provisions  of  any  treaty  made  or  to  be  made  between 

36940  the  United  States  and  the  said  Indians,  shall  be  entitled  in  pro- 

36941  portion  to  their  relative  numbers  to  the  funds  of  the  Seneca 

36942  Nation,  and  that  the  interest  and  income  of  such  their  share  and 

36943  proportion  of  the  said  funds,  including  the  consideration  money 

36944  to  be  paid  to  the  said  nation  in  pursuance  of  this  indenture,  and 

36945  of  all  annuities  belonging  to  the  said  nation,  shall  be  paid  to  the 

36946  said  Indians  so  removing  at  their  new  homes ;  and  whenever 

36947  the  said  tracts  called  the  Allegheny  and  the  Cattaraugus  reserva- 

36948  tions,  or  any  part  thereof,  shall  be  sold  and  conveyed  by  the 

36949  Indians  remaining  in  the  State  of  New  York,  the  Indians  so  re- 

36950  moving  shall  be  entitled  to  share  in  the  proceeds  of  said  sales  in 


828 

36951  the  like  proportion.     And  it  is  further  agreed  and  declared  that 

3G952  such  Indians  owning  improvements  in  the  Cattaraugus  and 

36953  Alleghany  tracts  as  may  so  remove  from  the  State  of  New  York 

36954  shall  be  entitled  on  such  removal,  and  surrendering  their  im- 

36955  provements  to  the  Seneca  Nation  for  the  benefit  of  the  nation,  to 

36956  receive  the  like  compensations  for  the  same,  according  to  their 

36957  relative  values,  as  in  the  third  and  fourth  articles  of  this  treaty 

36958  are  stipulated  to  be  paid  to  the  owners  of  improvements  in  the 

36959  Buffalo  Creek  and  Tonnewaufla  tracts  on  surrendering  their  im- 

36960  provemeuts,  which  compensations  may  be  advanced  by  the 

36961  President  of  the  United  States  out  of  any  funds  in  the  hands  of 

36962  the  Government  of  the  United  States  belonging  to  the  Seneca 

36963  Nation,  and  the  value  of  these  improvements  shall  be  ascertained 

36964  and  reported  by  the  arbitrators  to  be  appointed  in  pursuance  of 

36965  the  fourth  article. 

36966  "ARTICLE  7.  This  indenture  is  to  be  deemed  to  be  in  lieu 

36967  of  and  as  a  substitute  for  the  above-recited  indenture  made  and 

36968  dated  the  fifteenth  day  of  January,  one  thousand  eight  hundred 

36969  and  thirty-eight,  so  far  as  the  provisions  of  the  two  instruments 

36970  may  be  inconsistent  or  contradictory,  and  the  said  indenture,  so 

36971  far  as  the  same  may  be  inconsistent  with  the  provisions  of  this 

36972  compact,  is  to  be  regarded  and  is  hereby  declared  to  be  rescinded 

36973  and  released. 

36974  "ARTICLE  8.  All  the  expenses  attending  the  execution  of  this 

36975  indenture  and  compact,  including  those  of  the  arbitration  and 

36976  surveys  hereinbefore  referred  to,  and  also  those  of  holding  the 

36977  treaty  now  in  negotiation  between  the  United  States  and  the 

36978  said  Seneca  Nation,  except  so  far  as  may  be  provided  for  by  the 

36979  United  States,  shall  be  ad\7anced  and  paid  by  the  said  Ogden 

36980  and  Fellows. 

36981  "ARTICLE  9.  The  parties  to  this  compact  mutually  agree  to 

36982  solicit  the  influence  of  the  Government  of  the  United  States  to 

36983  protect  such  of  the  lands  of  the  Seneca  Indians,  within  the  State 

36984  of  New  York,  as  may  from  time  to  time  remain  in  their  possession 

36985  from  all  taxes,  and  assessments  for  roads,  highways,  or  any  other 

36986  purpose  until  such  lands  shall  be  sold  and  conveyed  by  the  said 

36987  Indians,  and  the  possession  thereof  shall  have  been  relinquished 

36988  by  them. 

36989  "In  witness  whereof  the  parties  to  these  presents  have  here- 

36990  unto,  and  to  three  other  instruments  of  the  same  tenor  and  date, 

36991  one  to  remain  with  the  United  States,  one  to  remain  with  the 

36992  State  of  Massachusetts,  one  to  remain  with  the  Seneca  Nation 

36993  of  Indians,  and  one  to  remain  with  the  said  Thomas  Ludlow 

36994  Ogden  and  Joseph  Fellows,  interchangeably  set  their  hands  and 

36995  seals  the  day  and  year  first  above  written  •» 

Therefore,  taking  into  consideration  the  premises,  it  is  agreed 


829 


36997 
36998 
36999 
37000 
37001 
37002 
37003 
37004 
37005 
37006 
37007 
37008 
37009 
37010 
37011 
37012 
37013 
37014 
37015 
37016 
37017 
37018 
37019 

37020 


and  stipulated,  by  and  between  the  United  States  of  America 
and  the  Seneca  Nation  of  Indians,  as  follows,  to  wit: 

First.  The  United  States  of  America  consent  to  the  several 
articles  and  stipulations  contained  in  the  last-recited  indenture 
between  the  said  nation  and  the  said  Thomas  Ludlow  Ogden 
and  Joseph  Fellows,  above  set  forth. 

Second.  The  United  States  further  consent  and  agree  that 
any  number  of  the  said  nation  who  shall  remove  from  the  State 
of  New  York  under  the  provisions  of  the  above-mentioned 
treaty,  proclaimed  as  aforesaid  on  the  fourth  day  of  April,  one 
thousand  eight  hundred  and  forty,  shall  be  entitled,  in  pro 
portion  to  their  relative  numbers,  to  all  the  benefits  of  the  said 
treaty. 

Third.  The  United  States  of  America  further  consent  and 
agree  that  the  tenth  article  of  said  treaty,  proclaimed  as  aforesaid 
on  the  fourth  day  of  April,  one  thousand  eight  hundred  and 
forty,  be  deemed  and  considered  as  modified  in  conformity  with 
the  provisions  of  the  indenture  liereinabove  set  forth,  so  far  as 
that  the  United  States  will  receive  and  pay  the  sum  stipulated 
to  be  paid  as  the  consideration  money  of  the  improvements 
therein  specified,  and  will  receive,  hold,  and  apply  the  sum  to  be 
paid,  or  the  securities  to  be  given  for  the  lands  therein  mentioned, 
as  provided  for  in  such  indenture. 

Proclaimed  August  26,  1842. 


37021 


SENEGAS,   TONNEWANDA  BAND. 


37022  Treaty  between  the  United  States  and  the  Tonaicanda  band  of  Seneca 

37023  Indians,  concluded  at  the  meeting-house  on  the   Tonaicanda 

37024  reservation,  November  5,  1857  $    supplementary  articles  con- 

37025  eluded  at  the  same  time  and  place  ;  ratified  by  the  Senate  June 

37026  4,  1858. 

37027  JAMES  BUCHANAN,  President  of  the  United  States  of  America, 

37028  to  all  and   singular  to  whom   these  presents   shall  come, 

37029  greeting: 

37030  Whereas  a  treaty  was  made  and  concluded  at  the  meeting- 

37031  house  on  the  Tonawanda  reservation,  in  the  county  of  Genesee, 

37032  and  State  of  New  York,  on    the  fifth  day  of  November,  one 

37033  thousand  eight  hundred  and  fifty-seven,  by  Charles  E.  Mix,  as 

37034  commissioner  on  behalf  of  the  United  States,  and  the  following 

37035  persons,  viz  :  Jabez  Ground,  Jesse  Spring,  Isaac  Shanks,  George 

37036  Sky,  and  Ely  S.  Parker,  duly  authorized  thereunto  by  the  Tona- 

37037  wanda  band  of  Seneca  Indians,  which  treaty  is  in  the  following 
3T038  words,  to  wit : 


830 

3/039  Articles  of  agreement  aiid  convention  made  this  fifth  day  of 

37040  [November,  in  the  year  one  thousand  eight  hundred  and 

37041  fifty-seven,  at  the  meeting-house  on  the  Tonawauda  reser- 

37042  vation,  in  the  county  of  Geuesee,  and  State  of  New  York, 

37043  between  Charles  E.  Mix,  commissioner  on  behalf  of  the 

37044  United  States,  and  the  following  persons,  duly  authorized 

37045  thereto  by  the  Tonawanda  band  of  Seneca  Indians,  viz  : 

37046  Jabez  Ground,  Jesse  Spring,  Isaac  Shanks,  George  Sky, 

37047  and  Ely  S.  Parker. 

37048  Whereas  a  certain  treaty  was  heretofore  made  between  the 

37049  Six  Nations  of  New  York  Indians  and  the  United  States  on  the 

37050  15th  day  of  January,  1838,  (see  page  548,)  and  another  between 

37051  the  Seneca  Nation  of  Indians  and  the  United  States  on  the  20th 

37052  day  of  May,  1842,  (next  preceding  treaty,)  by  which,  among 

37053  other  things,  the  Seneca  Nation  of  Indians  granted  and  con- 

37054  veyed  to  Thomas  Ludlow  Ogdeu  and  Joseph  Eellows  the  two 

37055  certain  Indian  reservations  in  the  State  of  New  York  known  as 

37056  the  Buffalo  Creek  and  the  Tonawanda  reservations,  to  be  sur- 

37057  rendered  to  the  said  Ogden  and  Fellows  on  the  performance  of 

37058  certain  conditions-precedent  defined  in  said  treaties;  and 

37059  Whereas  in  and  by  the  said  treaties  there  were  surrendered 

37060  and  relinquished  to  the  United  States  500,000  acres  of  land  in 

37061  the  then  Territory  of  Wisconsin  ;  and 

37062  WThereas  the  United  States,  in  and  by  said  treaties,  agreed 

37063  to  set  apart  for  said  Indians  certain  lands  in  the  Indian  Terri- 

37064  tory  immediately  west  of  the  Missouri,  and  to  grant  the  same 

37065  to  them,  to  be  held  and  enjoyed  in  fee-simple,  the  quantity 

37066  of  said  lands   being    computed  to   afford  320  acres  to   each 

37067  soul  of  said  Indians,  and  did  agree  that  any  individual,  or  any 

37068  number  of  said  Indians,  might  remove  to  said  Territory,  and 

37069  thereupon  be  entitled  to  hold  and  enjoy  said  lands,  and  all  the 

37070  benefits  of  said  treaties,  according  to  numbers,  respectively  j 

37071  and 

37072  Whereas  the  United  States  did  further  agree  to  pay  the  sum 

37073  of  8400,000  for  the  removal  of  the  Indians  of  New  York  to  the 

37074  said  Territory,  and  for  their  support  and  assistance  during  the 

37075  first  year  of  their  residence  in  said  Territory  ;  and 

37076  Whereas  the  said  Ogdeu  and  Fellows  did  agree  to  pay  to 

37077  the  said  Seneca  Nation  of  Indians,  as  the  consideration  of  the 

37078  surrender  and  relinquishment  of  the  said  two  reservations  known 

37079  as  the  Buffalo  Creek  and  Touawanda  reservations,  certain  suras 

37080  of  money,  one  part  of  which  was  to  be  paid  to  the  individual 

37081  Indians  residing  upon  said  reservations,  for  the  improvements 

37082  held  and  owned  by  them  in  several ty,  the  amount  of  which 

37083  « improvement  money"  heretofore  apportioned  to  those  residing 

37084  upon   the    Tonawanda   reservation  being  $15,01ST3(fo,    which 


831 

37085  money  has  been  paid  into  and  still  remains  in  the  Treasury  of 

37086  the  United  States  ;  and 

37087  Whereas,  for  divers  reasons  and  differences,  the  said  treaties 

37088  remain  unexecuted  as  to  the  said  Tonawanda  reservation  and 

37089  the  baud  of  Senecas  residing  thereon ;  and 

37090  Whereas  it  is  ascertained,  at  the  date  of  these  articles,  that 

37091  the   Seneca  Indians,  composing  the  Tonawanda  band  and  re- 

37092  siding  upon  the  Tonawanda  reservation,  amount  to  G50  souls  in 

37093  number  ;  and 

37094  Whereas  the  United  States  are  willing  to  exercise  the  lib- 

37095  eral  policy  which  has  heretofore  been  exercised  in  regard  to  the 

37096  Senecas,  and  for  the  purpose  of  relieving  the  Tonawandas  of  the 

37097  difficulties  and  troubles  under  which  they  labor, 

37098  These  articles  are  entered  into  : 

37099  ARTICLE  1.  The  said  persons,  authorized  as  in  the  caption 

37100  hereof  stated,  hereby  surrender  and  relinquish  to  the  United 

37101  States  all  claims  severally  and  in  common  as  a  band  of  Indians, 

37102  and  as  a  part  of  the  Seneca  Nation,  to  the  -lands  west  of  the 

37103  State  of  Missouri,    and    all   right  and   claim   to  be  removed 

37104  thither,  and  for  support  and  assistance  after  such  removal,  and 

37105  all  other  claims  against  the  United  States  under  the  aforesaid 

37106  treaties  of  1838  and  1842,  except,  however,  such  moneys  as  they 

37107  may  be  entitled  to  under  said  treaties,  paid  or  payable  by  the 

37108  said  Ogdeu  and  Fellows. 

37109  ARTICLE  2.  In  consideration  of  which  aforesaid  surrender 

37110  and  reliuquishment,  the  United  States  agree  to  pay  and  invest, 

37111  in  the  manner  hereinafter  specified,  the  sum  of  $256,000  for  the 

37112  said  Tonawanda  band  of  Indians. 

37113  ARTICLE  3.  It  is  hereby  agreed  that  the  Tonawanda  band 

37114  may  purchase  of  the  said  Ogden  and  Fellows,  of  the  survivor  of 

37115  them,  or  of  their  heirs  or  assigns,  the  entire  Tonawanda  reserva- 

37116  tion,  or  such  portions  thereof  as  they  may  be  willing  to  sell  and 

37117  said  band  may  be  willing  to  purchase,-  and  the  United  States 

37118  undertake  and  agree  to  pay  for  the  same  out  of  the  said  sum  of 

37119  $256,000,  upon  the  express  condition  that  the  rate  of  purchase 

37120  shall  not  exceed,   on   an   average,   $20  per  acre.      The  land 

37121  so  purchased   shall  be  taken  by  deed  of   conveyance  to  the 

37122  Secretary  of  the  Interior  of  the  United   States,  and  his  suc- 

37123  cessors  in  office,  in  fee,  to  be  held  by  him  in  trust  for  the  said 

37124  Touawauda  band  of  Indians  and  their  exclusive  use,  occupation, 

37125  and  enjoyment,  until  the  legislature  of  the  State  of  New  York 

37126  shall  pass  an  act  designating  some  persons  or  public  officer  of 

37127  that  State  to  take  and  hold  said  land  upon  a  similar  trust  for  said 

37128  Indians;  whereupon  they  shall  be  granted  by  the  said  Secretary 

37129  to  such  persons  or  public  officer. 

37130  ARTICLE  4.  And  the  said  Tonawauda  baud  of  Indians  here- 


832 

37131  by  agree  to  surrender,  relinquish,  and  give  up  to  the  said  Ogden 

37132  and  Fellows,  the  survivor  of  them,  or  their  assigns— provided 

37133  the  whole  reservation  shall  not  be  purchased— the  unimproved 

37134  lauds  which  they  shall  not  purchase,  as  aforesaid,  within  thirty 

37135  days  after  this  treaty  shall  be  proclaimed  by  the  President  of 
3713G  the  United  States,  and  the  improved  lands  which  they  shall  not 

37137  purchase,  as  aforesaid,  on  the  1st  day  of  June,  1859. 

37138  ARTICLE  5.  For  the  purpose  of  contracting  for  and  making 

37139  purchase  of  the  lands  contemplated  herein,  a  majority  of  the 

37140  chiefs  and  head-men  of  said  Tonawauda  band,  in  council  asseui- 

37141  bled,  may  appoint  one  or  more  attorneys  with  adequate  powers, 

37142  which  appointment  must  be  approved  by  the  Secretary  of  the 

37143  Interior  before  such  attorney  or  attorneys  can  have  power  to 

37144  act  in  the  premises. 

37145  ARTICLE  6.  Whenever  a  quantity  of  said  lands,  amounting 

37146  to  6,500  acres  at  the  least,  upon  the  terms  hereinbefore  provided, 

37147  may  be  purchased,  written  notice,  executed  by  the  chiefs  and 

37148  head-men  in  council,  and  acknowledged  before  a  justice  of  the 

37149  supreme  court  of  New  York,  or  judge  of  the  superior  court  of 

37150  the  city  of  Buffalo,  shall  be  given  to  the  Secretary  of  the  Interior, 

37151  whereupon  the  portion  of  said  sum  of  $256,000  not  expended  in 

37152  the  purchase  of  lands,  as  aforesaid,  shall  be  invested  by  the  said 

37153  Secretary  of  the  Interior  in  stocks  of  the  United   States,  or  in 

37154  stocks  of  some  of  the  States,  at  his  discretion;  and  the  increase 

37155  arising  from  such  investment  shall  be  paid  to  the  said  Tonawanda 

37156  Indians  at  the  time  and  in  the  manner  that  the  annuities  are 

37157  paid  which  said  Indians  are  now  entitled  to  receive  from  the 

37158  United  States. 

37159  ARTICLE  7.  It  is  hereby  agreed  that  the  sum  of  $15,018/0%, 

37160  "  improvement  money,"  heretofore  apportioned  to  the  Indians 

37161  upon  the  Tonawanda  reservation,  shall  be  again  apportioned  by 

37162  an  agent,  to  be  appointed  by  the  chiefs  and  head-rnen  in  council 

37163  assembled,  to  be  approved  by  the  Secretary  of  the  Interior,  which 

37164  agent  shall  make  a  report  of  such  apportionment  to  the  said  Sec- 

37165  retary  of  the  Interior,  and  if  he  concur  therein  the  shares  so  as- 

37166  certained  shall  be  paid  to  the  individual  Indians  entitled  thereto, 

37167  who  shall  surrender  and  relinquish  to  the  said  Ogden  and  Fel- 

37168  lows,  or  the  survivor  of  them,  or  their  assigns,  their  improve. 

37169  ments,  and  any  balance  remaining  shall  be  paid  to  the  chiefs  and 
I5!1™  lieatl-men  ()f  the  band,  to  be  disbursed  by  them  in  payment  of 

37171  the  debts  or  for  the  use  of  the  band.    The  services  of  the  agent 

37172  to  be  thus  appointed,  and  all  other  expenses  attending  the  execu- 
3^3  tion  of  these  articles,  are  to  be  paid  by  the  United  States  out  of 
37174  any  moneys  coming  to  tbe  Tonawandas. 


833 

37175  Supplemental  articles  of  agreement  and  convention,  made  this  fifth 

3717G  day  of  November,  in  the  year  one  thousand  eight  hundred  and 

37177  fifty-seven,  at  the  meeting-house  on  the  Tonaicanda  reservation, 

37178  in  the  county  of  Genesee,  State  of  New  York,  between  Charles 

37179  E.  Mix,  commissioner  on  behalf  of  the  United  States,  of  the 

37180  first  part,  and  the  following  persons,  duly  authorized  thereunto 

37181  by  the    Tonawanda    band    of  Seneca    Indians,   viz :    Jabez 

37182  Ground,  Jesse  Spring,  Isaac  Shanks,  George  Sky,  and  Ely  S. 

37183  Parker  j  of  the  second  part. 

37184  Whereas,  at  the  date  hereof  and  concurrent  with  the  exe- 

37185  cution  of  this  instrument,  articles  of  agreement  and  convention 
37180  have  been  entered  into  between  the  parties  aforesaid,  in  and  by 

37187  which  articles  it  is  provided  that  the  said  Tonawanda  band  of 

37188  Seneca  Indians  may  purchase  portions  of  the  Tonawanda  reser- 

37189  vation,  "upon  the  express  condition  that  the  rate  of  purchase 

37190  shall  not  exceed  $20  per  acre  on  an  average." 

37191  And  whereas  the  President  of  the  United  States  may  deem 

37192  it  discreet  and  expedient  that  certain  portions  of  said  reserva- 

37193  tions,  held  in  several ty  by  the  assigns  of  said  Ogden  and  Fellows, 
37191  should  be  purchased  by  said  Indians  if  it  shall  be  necessary  so 
37195  to  do,  at  a  rate  exceeding  $20  per  acre  on  an  average. 

3719G  Now,  therefore,  the  said  parties  of  the  second  part  agree 

37197  that  portions  of  said  reservation  may  be  purchased  by  the  au- 

37198  thorized  agents  of  said  Indians  for  them,  and  paid  for  out  of 

37199  said  sum  of  $256,000,  at  a  rate  exceeding  $20  per  acre  on  an 

37200  average,  provided  the  contract  or  contracts  therefor  shall  be 

37201  first  submitted  to  and  approved  by  the  President,  or  some  pub- 

37202  lie  officer  to  be  designated  by  him. 

37203  And  the  said  parties  of  the  second  part  solicit  the  President 

37204  to  accept  and  adopt  this  supplement  as  a  part  of  the  said  arti- 

37205  cles  of  agreement  and  convention  entered  into  concurrent  with 

37206  the  execution  of  this  agreement. 

37207  Proclaimed  March  31,  1859. 


37208  SENEGAS     RES  [DING    ON     THE     SANDUSKY    RIVER, 

37209  OHIO. 

37210  Articles  of  agreement  and  convention  made  and  concluded  at  the 

37211  city  of  Washington  on  the  twenty-eighth  day  of  February,  in 

37212  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty  one, 

37213  %  and  between  James  B.  Gardiner,  specially  appointed  com- 

37214  missioner  on  the  part  of  the  United  States,  of  the  one  part,  and 

37215  the  undersigned,  principal  chiefs  and  warriors  of  the  Seneca 

37216  tribe  of  Indians,  residing  on  the  Sandusky  River,  in  the  State 

105  I  T 


834 

37217  of  Ohio,  on  the  part  of  said  tribe,  of  the  other  part,  for  the 

37218  cession  of  the  lands  noiv  owned  and  occupied  by  the  said  tribe 
37211)  of  Indians  lying  on  the  waters  of  the  Sandusky  River,  and  sit- 

37220  uate  within  the  territorial  limits  of  the  organized  counties  of 

37221  Seneca  and  Sandusky,  in  said  State  of  Ohio. 

37222  Whereas  the  tribe  of  Seneca  Indians,  residing  on  Sandusky 

37223  River,  in  the  State  of  Ohio,  have  earnestly  solicited  the  Presi- 

37224  dent  of  the  United  States  to  negociate  with  them  for  an  exchange 

37225  of  the  lands  now  owned  and  occupied  by  them  for  lands  of  the 
3722G  United  States  Avest  of  the  river  Mississippi,  and  for  the  removal 

37227  and  permanent  settlement  of  said  tribe : 

37228  Therefore,  in  order  to  carry  into  effect  the  aforesaid  objects, 

37229  the  following  articles  have  been  agreed  upon : 

37230  ARTICLE  1.  The  Seneca  tribe  of  Indians,  in  consideration 

37231  of  the  stipulations  herein  made  on  the  part  of  the  United  States, 

37232  do  forever  cede,  release,  and  quit-claim  to  the  United  States  the 

37233  lands  granted  to  them  by  patent,  in  fee-simple,  by  the  sixth  sec- 

37234  tiou  of  the  treaty  made  at  the  foot  of  the  Rapids  of  the  Miami 

37235  River  of  Lake  Erie  on  the  twenty-ninth  day  of  September,  in 
3723G  the  year  1817,  (see  page  197,)  containing  thirty  thousand  acres,  and 

37237  described  as  follows:  " Beginning  on  the  Saudusky  River  at  the 

37238  lower  corner  of  the  section  granted  to  William  Spicer ;  thence  down 

37239  the  river  on  the  east  side,  with  the  meanders  thereof  at  high- 

37240  water  mark,  to  a  point  east  of  the  mouth  of  Wolf  Creek;  thence, 

37241  and  from  the  beginning,  east,  so  far  that  a  north  line  will  include 

37242  the  quantity  of  thirty  thousand  acres."    And  said  tribe  also  cede, 

37243  as  aforesaid,  one  other  tract  of  land,  reserved  for  the  use  of  the  said 

37244  Senecas  by  the  second  article  of  the  treaty  made  at  St.  Mary's, 

37245  in  the  State  of  Ohio,  on  the  seventeenth  day  of  September,  in 
37240  the  year  1818,  which  tract  is  described  in  said  treaty  as  follows : 

37247  «  Ten  thousand  acres  of  land,  to  be  laid  off  on  the  east  side  of 

37248  the  Sandusky  River,  adjoining  the  south  side  of  their  reserva- 

37249  tion  of  thirty  thousand  acres,  which  begins  on  the  Sandusky 

37250  River  at  the  lower  corner  of  William  Spicer's  section,  and  ex- 

37251  eluding  therefrom  the  said  William  Spicer's  section  ;"  making, 

37252  in  the  whole  of  this  cession,  forty  thousand  acres. 

•'*7253  ARTICLE  2.  In  consideration  of  the  cessions  stipulated  in 

37254  the  foregoing  article,  the  United  States  agree  to  cause  the  said 

37255  tribe  of  Senecas,  consisting  of  about  four  hundred  souls,  to  be 
3725G  removed,  in  a  convenient  and  suitable  manner,  to  the  western 

37257  side  of  the  Mississippi  River,  and  will  grant  them,  by  patent, 

37258  in  fee  simple,  as  long  as  they  shall  exist  as  a  nation  and  remain 

37259  on  the  same,  a  tract  of  land  situate  on  and  adjacent  to  the 
372CO  northern  boundary  of  the  lauds  heretofore  granted  to  the  Chero- 
372G1  kee  Nation  of  Indians,  and  adjoining  the  boundary  of  the  State 


835 

37262  of  Missouri,  which  tract  shall  extend  fifteen  miles  from  east  to 

37263  west  and  seven  miles  from  north  to  south,  containing  about  sixty- 

37264  seven  thousand  acres,  be  the  same  more  or  less,  for  which  the 

37265  President  of  the  United  States  shall  cause  letters-patent  to  be 

37266  issued,  in  due  form  of  law,  agreeably  to  the  act  of  the  last  ses- 

37267  sion  of  Congress. 

37268  ARTICLE  3.  The  United  States  will  defray  the  expenses  of 

37269  the  removal  of  the  said  Seuecas,  and  will  moreover  supply  them 

37270  with  a  sufficiency  of  wholesome  provisions  to  support  them  for 

37271  one  year  after  their  arrival  at  their  new  residence. 

37272  ARTICLE  4.  Out  of  the  first  sales  to  be  made  of  the  lands 

37273  herein  ceded  by  the  Senecas,  the  United  States  will  cause  a  grist- 

37274  mill,  a  saw-niill,  and  a  blacksmith-shop  to  be  erected  on  the 

37275  lands  herein  granted  to  the  Seuecas,  with  all  necessary  tools,  to 

37276  be  supported  and  kept  in  operation,  at  the  expense  of  the  United 

37277  States,  for  the  sole  benefit  of  the  said  Senecas,  and  for  these  pur- 

37278  poses  the  United  States  will  employ  a  miller  and  a  blacksmith 

37279  for  such  term  as  the  President  of  the  United  States,  in  his  dis- 

37280  cretion,  may  think  proper. 

37281  ARTICLE  5.  As  the   Seneca  Indians  on  their  removal  will 

37282  stand  in  need  of  funds  to  make  farms  and  erect  houses,  it  is 

37283  agreed  that  the  United  States  will  advance  them  six  thousand 

37284  dollars,  in  lieu  of  the  improvements  which  they  have  made  on 

37285  the  lauds  herein  ceded  to  the  United  States,  which  sum  shall  be 

37286  reimbursed  from  the  sales  of  the  lauds  ceded.     An  equitable 

37287  distribution  of  this  sum  shall  be  made  by  the  chiefs,  with  the 

37288  consent  of  the  tribe,  in  general  council  assembled,  to  such  indi- 

37289  viduals  of  the  tribe  as,  having  left  improvements,  may  bo  prop- 

37290  erly  entitled  to  receive  the  same. 

37291  ARTICLE  6.  The  live  stock,   farming  utensils,   and  other 

37292  chattel  property  which  the  Senecas  now  own,  and  may  not  be 

37293  able  to  take  with  them,  shall  be  sold  by  some  agent,  to  be  ap- 

37294  pointed  by  the  President,  and  the  proceeds  paid  to  the  owners 

37295  of  such  property,  respectively. 

37296  ARTICLE  7.  The  expenses  of  the  chiefs  in  coming  to  and  re- 

37297  maiuing  at  Washington  and  returning  to  Ohio,  as  well  as  the 

37298  expenses  and  per  diem  pay  of  the  native  interpreter  accompany- 

37299  ing  them,  shall  be  paid  by  the  United  States. 

37300  ARTICLE  8.  The  United  States  will  expose  to  public  sale 

37301  to  the  highest  bidders,  at  such  time  and  in  such  manner  as  the 

37302  President  may  direct,  the  tracts  of  land  herein  ceded  by  the 

37303  Seneca  Indians ;  and,  after  deducting  from  the  proceeds  of  such 

37304  sale  the  minimum  price  of  the  public  lands,  the  cost  of  building  - 

37305  the  saw  and  grist  mills  and  blacksmith-shop  for  the  Seuecas, 

37306  the  cost  of   surveying  the    lauds,  and   the  sum  of  six  thou- 

37307  sand   dollars  to  be  advanced  in    lieu    of   their    present  im- 


830 


37308 
37309 
37310 
37311 
373113 
37313 
37314 
37315 
37310 
37317 
37318 
37319 
37320 
37321 
37322 
37323 
37324 
37325 

;;;;52<; 
37327 

;;:;52S 

3732!) 
37330 
37331 
;;;;;;;2 
37333 
37334 
37335 


37338 
37339 
37340 
37341 
37342 
37343 
37344 
37345 
37346 
37347 
37348 
37349 
37350 
37351 
37352 
37353 


improvements,  it  is  agreed  that  any  balance  which  may  remain 
of  the  avails  of  the  lands  after  sale  as  aforesaid  shall  constitute 
a  fund  for  the  future  exigencies  of  the  tribe,  on  which  the  Gov 
ernment  of  the  United  States  consent  and  agree  to  pay  to  the 
chiefs  of  the  nation,  for  the  use  and  general  benefit  of  the  nation, 
annually,  live  per  cent,  on  said  balance,  as  an  annuity;  and  if, 
at  any  time  hereafter,  the  Seneca  chiefs,  by  and  with  the  con 
sent  of  their  tribe  in  general  council  assembled,  shall  make 
known  to  the  President  their  desire  that  the  fund  thus  to  be 
created  should  be  dissolved  and  given  to  the  tribe,  the  Presi 
dent  shall  cause  the  same  to  be  paid  over  to  them,  in  such  man 
ner  as  he  may  direct ;  provided  he  shall  become  satisfied  of  the 
propriety  of  so  doing. 

ARTICLE  I).  It  is  agreed  that  any  annuity  accruing  to  the 
Senecas  by  former  treaties  shall  be  paid  to  them  at  their  in 
tended  residence  west  of  the  Mississippi,  under  the  direction  of 
the  President. 

ARTICLE  10.  The  United  States  hereby  agree  to  give  to  the 
Senecas,  as  presents,  one  hundred  ritles,  as  soon  as  practicable, 
and  four  hundred  blankets  for  the  use  of  the  tribe,  to  be  deliv 
ered  to  them  at  such  time  and  place  as  may  be  directed  by  the 
Secretary  of  War.  Also  fifty  ploughs,  fifty  hoes,  and  fifty  axes 
will  be  given  to  the  tribe,  as  aforesaid,  to  assist  them  in  com 
mencing  farming. 

AKTICLEH.  The  chiefs  of  the  Senecas,  being  impressed 
with  gratitude  towards  Henry  0.  JBrish,  their  sub-agent,  for  his 
private  advances  of  money  and  provisions,  and  numerous  other 
acts  of  kindness  towards  them,  as  well  as  his  extra  services  in 
coming  with  them  to  Washington,  and  having  expressed  a 
wish  that  a  quarter  section  of  a  hundred  and  sixty  acres  of  the 
lands  ceded  by  them  should  be  granted  to  him  in  consideration 
thereof,  the  same  is  hereby  granted  to  him  and  his  heirs,  to  be 
located  under  the  direction  of  the  President  of  the  United 
States. 

ARTICLE  12.  The  lands  granted  by  this  agreement  and  con 
vention  to  the  Seneca  tribe  of  Indians  shall  not  be  sold  or  ceded 
by  them  except  to  the  United  States. 

ARTICLE  13.  It  is  communicated  by  the  chiefs  here  that, 
in  council,  before  they  left  home,  it  was  agreed  by  the  tribe 
that,  for  their  services  in  coming  to  the  city  of  Washington, 
each  should  receive  one  hundred  dollars,  to  be  paid  by  said 
tribe.  At  the  request  of  said  chiefs,  it  is  agreed  that  the 
United  States  will  advance  the  amount,  to  wit,  five  hundred 
dollars,  to  be  hereafter  reimbursed  from  the  sale  of  their  lands  in 
Ohio. 

Proclaimed  March  24, 1831, 


837 


37354 


SENEGAS  AND  SHAWNEES. 


37355 
37356 
37357 
37358 
37359 
37300 
37361 
37362 

37363 
37364 
37365 
37366 
37367 
37368 
37369 
37370 
37371 
37372 
37373 
37374 
37375 
37376 
37377 
37378 
37379 
37380 
37381 
37382 
37383 
37384 
37385 
37386 
37387 
37388 
37389 
37390 
37391 
37392 
37393 
37394 
37395 


Articles  of  agree  me  at  made  and  concluded  at  the  Seneca  ayency,  on 
the  head-waters  of  the  Cowskin  River,  this  29th  day  of  Decem 
ber,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-two,  by  and  between  Henry  L.  Ellsworth  and  John  F. 
Schermerhorn,  commissioners  on  behalf  of  the  United  States, 
and  the  chiefs  and  headmen  of  the  "  United  Nation'''  of  the 
Senecas  and  Shaw  nee  Indians,  on  behalf  of  said  tribe  or  na 
tion. 

Wliereas  certain  articles  of  agreement  ami  convention  were 
concluded  at  Lewistown,  Ohio,  oh  the  20th  day  of  July,  A.  D. 
1831,  by  and  between  the  United  States  and  the  chiefs  and  war 
riors  of  the  mixed  band  of  .the  Senecas  and  Shawnee  Indians, 
residing  at  or  near  Lewistown,  in  the  State  of  Ohio;  and 

Whereas,  by  the  2nd  article  of  said  agreement,  the  United 
States  stipulated  and  agreed  with  said  tribe  in  the  words  follow 
ing,  to  wit:  "  to  grant  by  patent,  in  fee-simple,  to  them  and  their 
heirs  forever,  as  long  as  they  shall  exist  as  a  nation  and  remain  on 
the  same,  a  tract  of  land,  to  contain  sixty  thousand  acres,  to  be 
located  under  the  direction  of  the  President  of  the  United 
States,  contiguous  to  the  lands  granted  to  the  Seuecas  of  San- 
dusky  by  the  treaty  made  with  them  at  the  city  of  Washington 
on  the  28th  of  February,  1831,  and  the  Cherokee  settlements. 
The  east  line  of  said  tract  shall  be  within  two  miles  of  the  west 
line  pf  the  lands  granted  to  the  Senecas  of  Saudusky ;  and  the 
south  line  shall  be  within  two  miles  of  the  north  line  of  the 
lauds  held  by  the  Cherokees ;  and  said  two  miles  between  the 
aforesaid  lines  shall  serve  as  a  common  pass  way.  between  the 
before-mentioned  tribes,  to  prevent  them  from  intruding  upon 
the  lauds  of  each  other."  And  the  treaty  aforesaid  was  ratified 
and  confirmed  by  the  President  and  Senate  of  the  United  States 
on  the  6th  day  of  April,  A.  D.  1832 ;  and 

Whereas  the  said  mixed  band  of  Seuecas  and  Shawuees 
removed  from  their  homes  in  Ohio,  to  settle  upon  the  lands 
assigned  them  west  of  the  Mississippi,  in  pursuance  of  the  pro 
visions  and  stipulations  of  the  treaty  aforesaid ;  and 

Whereas  the  said  Senecas  from  Sandusky  and  the  mixed 
band  of  Senecas  and  Shawnees  have  lately  formed  a  confederacy, 
and  have  expressed  their  anxiety  to  unite  as  one  tribe  or  nation, 
to  be  called  the  "  United  Nation  of  Senecas  and  Shawnees,"  to 
occupy  their  lands  as  tenants  in  common,  and  have  the  whole  of 
the  country  provided  for  them  by  the  United  States  located  on 


838 

37>30G  "the  east  side  of  Ne-o-sho  or  Grand  lUver,  which  rims  through 
17397    and  now  divides  the  same  : 

37398  For  the  purpose  of  affording  a  more  convenient  and  satistae 

37399  tory  location   to  said  united  nation,  the  parties  aforesaid  do, 

37400  therefore,  hcreby>tipulate  and  agree  as  follows  : 

J7401  ARTICLE  1.  The  united  tribe  of  Senecas  and  Shawnee  In- 

37402  diaus  do  hereby  cede,  relinquish,  and  forever  quit-claim  to  the 

37403  rnilrd  Slates,  all  the  land  granted  to  them  on  the  west  side  of 

37404  NY-o-shp  or  Grand  lliver,  by  treaties  made  respectively  with  the 

37405  Senecas  of  Sandusky  and  the  mixed  band  of  Senecas  and  Shaw- 

37406  nces  of  Lewistown,  Ohio,  on  the  20th  day  of  July,  1831,  and  on 

37407  the  28th  day  of  February,  1831.    (See  next  preceding  treaty.) 

37408  ARTICLE  2.  In  consideration  of  said  lands,  described  and 
37 401)  ceded   as  aforesaid,  the  United  States  will   grant,  by  letters- 
37410  patent,  to  the,  tribe  or  nation  of  Indians  aforesaid,  in  manner  as 
;;741 1  hereinafter  mentioned,  the  following  tract  of  land  lying  on  the 
;J7  1  111  east  side  of  Ne-o-sho  or  Grand  Eiver,  viz:  Bounded  on  the  east 
.17 1  13  by  the  west  line  of  the  State  of  Missouri ;  south,  by  the  present 
37414  established  line  of  the  Cherokee  Indians  5  west,  by  Ne-o-sho  or 
.",7115  Grand  Kiver;  and  north  by  a  line  running  parallel  with  said 
3741  (>  south  line,  and  extending  so  far  from  the  present  north  line  of 
37417  the  Seneca  Indians  from  Sandusky  as  to  contain  sixty  thousand 
37  118  acres,  exclusive  of  the  land  now  owned  by  said  Seneca  Indians, 
37411)  which  said  boundaries  include,  however,  all  the  land  heretofore 
37120  granted  said  Senecas  of  Sandusky  on  the  east  side  of  Grand 
37  121  liiver.    And  the  United  States  will  grant  said  tract  of  land  by 
37  122  two  letters-patent ;  the  north  half,  in  quantity,  to  be  granted  to 
37 123  the  mixed  band  of  the  Senecas  and  Shawuees  of  Ohio,  and  the 
37-  24  south  half  to  the  Senecas  from  Sandusky,  aforesaid ;  the  whole 
37  25  to  be  occupied  in  common  so  long  as  the  said  tribes  or  bands 
37  20  shall  desire  the  same.    The  said  patents  shall  be  granted  in  fee- 
37  27  simple;  but  the  lauds  shall  not  be  sold  or  ceded  without  the 

37428  consent  of  the  United  States. 

37429  ARTICLE  3.  The   United   States,  at   the   request   of  said 

37430  "United  Nation,"  agree  to  erect  immediately  a  grist-mill,  a  saw- 

37431  mill,  and  a  blacksmith-shop,  and  furnish  the  necessary  tools 

37432  and  machinery  in  anticipation  of  a  re-imbursemcnt  from  sales  of 

37433  land  ceded  to  the  United  States  by  the  treaties  aforesaid,  of 

37434  28th  of  February,  1831,  and  July  20th,  1831,  and  so  far  in  fulnl- 

37435  ment  of  the  same. 

3743G  ARTICLE  4.  The  United  Nation  of  Seneca  and  Shawnees 

37437    having  presented  a  claim  for  money  advanced  by  them  for  for 
age  while  removing  to  their  new  homes  in  the  West,  and  for 
37430    horses  and  other  property  lost  on  the  journey,  the  United  States, 

37440  in  order  to  a  final  settlement  of  such  claim,  agree  to  pay  one 

37441  thousand  dollars,  as  follows,  viz :    Six  hundred  dollars  to  the 


839 

37442  Seneca  tribe  of  Indians  from  Sandusky ;  and  the  sum  of  four 

37443  hundred  dollars  to  the  Senecas  and  Shawnees  from  Lowistown, 

37444  Ohio,  to  be  distributed  by  their  respective  tribes  among  the 

37445  claimants,  as  they  may  deem  just  and  equitable;  and  to  be 

37446  received  by  them  in  full  payment  and  satisfaction  of  all  the 

37447  claims  aforesaid. 

37448  ARTICLE  5.  Nothing  in,  these  articles  of  agreement  shall  be 

37449  construed  to  effect  the  respective  rights  of  the  Seneca  tribe  of 

37450  Indians  from  Sandusky,  and  the  Senecas  and  Shawnees  from 

37451  Lewistown,  Ohio,  as  secured  by  existing  treaties,  except  so  far 

37452  as  said  treaties  are  inconsistent  with  the  provisions  of  the  arti- 

37453  cles  aforesaid. 

3^454  ARTICLE  G.  This  agreement   and  treaty  shall  be  binding 

37455  and  obligatory  upon  the  contracting  parties  from  and  after  its 

37456  ratification  by  the  President  and  Senate  of  the  United  States. 

37457  Proclaimed  March  22,  1833. 


37458  SENECAS,  MIXED   SENECAS   AND    SHAWNEES,  QUA 

37450  PAWS,  ETC. 

37460  Treaty  between    the  United  States  of  America  and  the  Senecas, 

37461  Mixed  Senecas  and  Shaivnees,  Quapatvs,  Confederated  Peorias, 

37462  Kaskaskias,  Weas.  and  Piarikesliaws,  Ottaicas  of  BlancJiartfs 
3746:5  Fork  and  Roche  de  l>ocuf\  and  certain  Wt/andottes  ;  concluded 

37464  February  23,  1867  j  ratification  advised,  with  amendments, 

37465  June  18,1868;    amendments  accepted  September  1,  7,  8,  and 

37466  15,  1868. 

37467  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

37468  to  all  and  singular  to  whom  these  presents  shall  come,  greet- 

37469  ing  : 

37470  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

37471  Washington,  in  the  District  of  Columbia,  on  the  twenty-third 

37472  day  of  Februaiy,  in  the  year  of  our  Lord  one  thousand  eight 

37473  hundred  and  sixty-seven,  by  and  between  Lewis  V.  Bogy,  Will- 

37474  iam  II.  Watson,  Thomas  Murphy,  George  C.  Snow,  and  G.  A. 

37475  Colton,  commissioners  on  the  part  of  the  United  States,  and 

37476  certain  chiefs,  delegates,  and  head-men  of  the  Senecas,  Mixed 

37477  Senecas  and  Shawnees,  Quapaws,  Confederated  Peorias,  Kas- 

37478  kaskias,  Wcas,  and  Piankeshaws,  Miamies,  Ottowas  of  Blanch- 

37479  ard's  Fork  and  Koche  de  BuMif,  and  certain  AVyandottes,  on  the 

37480  part  of  said   Indians,  and  duly  authorized   thereto  by  them, 

37481  which  treaty  is  in  tfie  words  and  figures  following,  to  wit: 

37482  Articles  of  agreement,  concluded  at  Washington,   D.  C.,  the 


840 

37483  twenty-third  day  of  February,  one  thousand  eight  hundred 

37484  and  sixty-seven,  between  the  United  States,  represented  by 

37485  Lewis  V.  Bogy,  .Commissioner  of  Indian  Affairs,  \V.  H.  Wat- 
374SO           son,  special  commissioner,  Thomas  Murphy,  superintendent 

37487  of  Indian  affairs,  George  C.  Snow,  and  G.  A.  Colton,  U.  S- 

37488  Indian  agents,  duly  authorized,  and  the   Senecas,  repre- 
374SO  sentcd  by  George  Spicer  and  John  Mush ;  the  Mixed  Seue- 
37400  cas  and  Shawnees,  by  John  Whitetrce,  John  Young,  and 
,",7401  Lewis  Davis;  the  Quapaws,  by  S.  G.  Vallier  and  Ka-zhe- 

37402  call ;  the  Confederated  Teorias,  Kaskasldas,  AVeas,  and  Pi- 

37403  ankeshaws,  by  Baptiste  Peoria,  John  Mitchell,  and  Edward 
3741)4  P>lack;  the  Miamies,  by  Thomas  Metosenyah  and  Thomas 
37405            Richard  ville;   and  the  Ottawas  of  Blanchard's  Fork  and 
371%           Roche  de  B(euf,  by  John  White  and  J.  T.  Jones,  and  iu- 
37  IH7            eluding  certain  Wyandottjejs,  represented  by  Tauromee,  or 
37408            John  Hat,  and  John  Karaho. 

37  100  Whereas  it  is  desirable  that  arrangements  should  be  made 

37500  by  which  portions  of  certain  tribes,  parties  hereto,  now  residing 

37501  in  Kansas,  should  be  enabled  to  remove  to  other  lauds  in  the 

37502  Indian  country  south  of  that  State,  while  other  portions  of  said 

37503  tribes  desire  to  dissolve  their  tribal  relations,  and  become  citi- 
.'17501  /ens;  and 

37505  "Whereas  it  is  necessary  to  provide  certain  tribes,'  parties 

.'5750<;  hereto,   now   residing   in  the    Indian  country,  with  means  of 

:575<>7  rebuilding  their  houses,  re-opening  their  farms,  and  supporting 

37UOS  their  families,  they  having  been  driven  from  their  reservations 

37500  early  in  the  late  war,  and  suffered  greatly  for  several  years,  and 

37510  being  willing  to  sell  a  portion  of  their  lands  to  procure  such  re- 

3751 1  lief;  and 

Whereas   a   portion   of    the   Wyandottes,    parties    to   the 

.'{7513  treaty  of  one  thousand  eight  hundred  and  fifty-five,  although 

.'57514  taking  lands  in  several  ty,  have  sold  said  lands,  and  are  still 

37515  poor,  and  have  not  been  compelled  to  become  citizens,  but  have 

375NJ  remained  without  clearly  recognized  organization,  while  others 

37517  who  did  become  citizens  are  unfitted  i'or  the  responsibilities  of 

37518  citizenship;  and 

Whereas  the  Wyandottes,  treated  with  in  eighteen  hundred 

•7520  and  fifty  five,  have  just  claims  against  the  Government,  which 

•7521  will  enable  the  portion  of  their  people  herein  referred  to  to  begin 

37521*  anew  a  tribal  existence: 
37523  Therefore  it  is  agreed  : 

AKTirLK  1.  The  Senecas  cede  to  the  United  States  a  strip 

37;>25  of  land  on  the  north  side  of  their  present  reservation  in  the  In 

37526  (lilln  (;(m"try  5  tho  1{lll<1  «o  ceiled  to  be  bounded  on  the  east  by 

37527  the  State  of  Missouri,  on  the  north  by  the  north  line  of  the  res 
ervation,  on  the  west  by  the  Keosho  River,  and  running  south 


841 

37529  for  the  necessary  distance,  to  contain  twenty  thousand  acres ; 

37530  for  which  the  Government  is  to  pay  twenty  thousand  dollars 

37531  upon  the  ratification  of  this  treaty  ;  the  south  line  of  said  tract 

37532  to  be  ascertained  by  survey,  at  the  cost  of  the  United  States. 

37533  ARTICLE  2.  The  Senecas  now  confederated  with  the  Shaw- 

37534  nees,  and  owning  an  undivided  half  of  a  reservation  in  the  In 

37535  dian  country  immediately  north  of  the  Seneca  reservation  men- 

37536  tioned  in  the  preceding  article,  cede  to  the  United  States  one- 

37537  half  of  said  Seneca  and  Shawnee  reserve,  which  it  is  mutually 

37538  agreed  shall  be  the  north  half,  bounded  on  the  east  by  the  State 

37539  of  Missouri,  north  by  the  Quapaw  reserve,  west  by  the  Keosho 

37540  Kiver,  and  south  by  an  east  and  west  line  bisecting  the  present 

37541  Seneca  and  Shawuee  reserve  into  equal  parts,  the  said  line  to  be 

37542  determined  by  survey,  at  the  expense  of  the  United  States ;  for 

37543  which  tract  of  land,  estimated  to  contain  about  thirty  thousand 

37544  acres,  the  United  States  will  pay  the  sum  of  twenty-four  tliou- 

37545  sand  dollars. 

3754G  ARTICLE  3.   The  Shawnees,  heretofore  confederated  with 

37547  the  Senecas,  cede  to  the  United  States  that  portion  of  their  re 

37548  mainiug  lands,  bounded  as  follows:  Beginning  at  a  point  where 

37549  Spring  Kiver  crosses  the  south  line  of  the  tract  in  the  second 

37550  article  ceded  to  the  United  States;  thence  down  said  river  to 

37551  the  south  line  of  the  Shawnee  reserve  ;  thence  west  to  the  ISTeo- 

37552  sho  Eiver ;  thence  up  said  river  to  the  south  line  of  the  tract 

37553  ceded  in  the  second  article  ;  and  thence  east  to  the  place  of  be- 

37554  ginning,  supposed  to  contain  about  twelve  thousand  acres,  the 

37555  area  to  be  ascertained  by  survey,  at  the  expense  of  the  United 
3755G  States ;  the  United  States  to  pay  for  the  same  at  the  rate  of  one 

37557  dollar  per  acre,  as  soon  as  the  area  shall  be  ascertained. 

37558  ARTICLE  4.  The  Quapaws  cede  to  the  United  States  that 

37559  portion  of  their  land  lying  in  the  State  of  Kansas,  being  a  strip 

37560  of  land  on  the  north  line  of  their  reservation,  about  one  half 

37561  mile  in  width,  and  containing  about  twelve  sections  in  all,  ex- 

37562  cepting  therefrom  one  half  section  to  be  patented  to  Samuel  G. 

37563  Vallier,  including  his  improvements.    Also,  the  further  tract 

37564  within  their  present  reserve,  bounded  as  follows  :  Beginning  at 

37565  a  point  in  the  Xeosho  Eiver  where  the  south  line  of  the  Quapaw 

37566  reserve  strikes  that  stream  ;  thence  east  three  miles ;  thence 

37567  north  to  the  Kansas  boundary -line ;  thence  west  on  said  line  to 

37568  the  Neosho  Kiver;  thence  down  said  river  to  the  place  of  begin- 

37569  uing;  and  the  United  States  will  pay  to  the  Quapaws  for  the 

37570  half-mile  strip  lying  in  Kansas  at  the  rate  of  one  dollar  and 

37571  twenty-five  cents  per  acre  whenever  the  area  of  the  same  shall 

37572  be  ascertained  ;  and  for  the  other  tract  described  in  this  article 

37573  at  the  rate  of  one  dollar  and  fifteen  cents  per  acre  whenever 

37574  the  area  of  the  same  shall  be  ascertained  by  survey,  said  survey 

106  I  T 


842 

37575  to  be  made  at  the  cost  of  the  tribe  to  which  said  tract  is  herein 

37576  provided  to  be  sold  under  the  pre-emption  laws  of  the  United 

37577  States;  but  all  such  pre-emption  shall  be  paid  in  the  money  of 

37578  the  United  States,  at  the  proper  land-office  within  one  year  from 
37570  the  date  of  entry  and  settlement. 

;^7580  PROVISIONS  RELATING  TO  THE  SENEGAS. 

37381  ARTICLE  5.  The  Senecas  now  confederated  with  the  Shaw- 

37582  nees,  the  said  Shawnees  thereto  consenting,  agree  to  dissolve  their 

37583  connection  with  the  said  Shawnees,  and  to  unite  with  the  Senecas, 

37584  parties  to  the  treaty  of  February  twenty-eighth,  one  thousand 

37585  eight  hundred  and  thirty-one,  (see  page  833,)  upon  their  reserva- 
3758G  tion  described  in  article  second  of  said  treaty ;  and  the  several 

37587  bands  of  Senecas  will  unite  their  funds  into  one  common  fund  for 

37588  the  benefit  of  the  whole  tribe ;  and  an  equitable  division  shall  be 

37589  made  of  all  funds  or  annuities  now  held  in  common  by  the  Sene- 

37500  cas  and  Shawnees. 

37501  ARTICLE  G.  Of  the  sum  of  twenty-four  thousand  dollars  to 

37502  be  paid  to  the  Senecas,  as  provided  in  the  second  article,  the 

37503  sum  of  four  thousand  dollars  shall  be  paid  to  them  immediately 
.  i7.v.)4  after  the  ratification  of  this  treaty,  to  enable  them  to  re-establish 

37505  their  homes  and  provide  themselves  with  agricultural  imple- 

37506  ments,  seed,  and  provisions  for  themselves  and  their  families  ; 

37507  and  the  balance  of  the  said  first-mentioned  sum,  being  twenty 

37508  thousand  dollars,  shall  be  consolidated  with  the  twenty  thousand 
37500  dollars  in  the  first  article  provided  to  be  paid,  and  invested  for 

37600  the  tribe  of  Senecas,  as  constituted  by  this  treaty,  at  five  per 

37601  cent,  interest,  to  be  paid  per  capita  semi-annually ;  and  their 

37602  annuity  of  five  hundred  dollars  in  specie,  provided  by  article 

37603  four  of  the  treaty  of  September  twenty-ninth,  one  thousand 

37604  eight  hundred  and  seventeen,  shall  likewise  become  the  property 

37605  of  the  tribe. 

37606  ARTICLE  7.  The  amount  annually  due  the  Senecas  under 

37607  the  provisions  of  article  four  of  the  treaty  of  February  twenty  - 

37608  eight,  one  thousand  eight  hundred  and  thirty-one,  for  black- 
37600  smith,  after  their  separation  from  the  Shawnees,  shall  be  annu- 

37610  ally  paid  to  them  as  a  national  fund,  to  enable  them  to  purchase 

37611  such  articles  for  their  wants  and  improvements  in  agriculture  as 

37612  the  chiefs,  with  the  consent  of  their  agent,  may  designate;  and 

37613  this  provision  shall  apply  also  to  the  fund  for  support  of  a  miller 

37614  belonging  to  the  Senecas  heretofore  occupying  the  southernmost 

37615  reserve  referred  to  in  this  treaty ;  and  there  shall  be  added  to 

37616  the  said  fund  whatever  amount  belonging  to  either  band  of  the 
3 < 617  Seuecas  shall  be  found  due  and  unpaid  upon  an  examination  of 
37618  their  accounts  with  the  Gorernment,  and  particularly  the  amount 
37610  of  bonds  and  stocks  invested  in  their  name ;  and  the  interest 


843 


37620 
37621 

37622 

37623 
37624 
37625 
37626 
37627 
37628 
37629 
37630 
37631 
37632 
37633 
37634 
37635 
37636 
37637 
37638 

37639 

37640 
37641 
37642 
37643 
37644 
37645 
37646 
37647 
37648 
37649 
37650 
37651 
37652 
37653 
37654 
37655 
37656 
37657 
37658 
37659 
37660 
37661 


thereon  shall  be  annually  paid  to  the  said  Senecas  for  the  pur 
poses  mentioned  in  this  article. 

PROVISIONS  RELATING  TO  THE  SHAWNEES. 

ARTICLE  8.  Of  the  amount  in  the  third  article  provided  to 
be  paid  to  the  Shawnees  by  the  United  States  for  the  lands 
therein  ceded,  the  sum  of  two  thousand  dollars  shall  be  advanced 
to  them  to  be  used  in  establishing  their  homes,  and  the  balance 
of  the  said  amount  shall  be  invested  for  the  said  tribe,  under 
the  name  of  Eastern  Shawnees,  and  five  per  cent,  be  paid  semi- 
annually  thereon ;  and  the  amount  due  and  unpaid  upon  the  bonds 
or  stocks  invested  in  their  name  shall  be  paid  to  them,  as  well  as 
the  interest  thereon  hereafter  to  become  due,  to  be  used  under 
the  direction  of  the  chiefs,  with  the  consent  of  the  agent,  for  the 
purchase  of  agricultural  implements  or  other  articles  necessary 
for  the  general  welfare  of  the  people  j  and  the  one-half  of  the 
blacksmith  fund  remaining  after  the  division  to  be  made  with 
the  Senecas  provided  for  in  article  five  shall  remain  devoted  to 
the  same  purpose  and  the  Government  will  add  thereto  the  sum 
of  five  hundred  dollars  annually  for  five  years. 

PROVISIONS  RELATING  TO  THE  QUAPAWS. 

ARTICLE  9.  Of  the  amount  to  be  paid  to  the  Quapaws  for 
the  lands  ceded  by  them  in  the  fourth  article  of  this  treaty,  the 
sum  of  five  thousand  dollars  shall  be  paid  to  them  upon  the  rati 
fication  of  this  treaty,  to  assist  them  in  re-establishing  them 
selves  at  their  homes  upon  their  remaining  reservation;  and  the 
balance  of  said  amount  shall  be  invested  as  a  permanent  fund  at 
five  per  cent,  interest,  payable  per  capita,  semi-annually. 

ARTICLE  10.  If  the  Osage  mission  school  should  be  closed, 
so  that  the  school  fund  of  the  Quapaws  cannot  be  used  for  them 
to  advantage  at  that  institution,  the  said  fund  shall  remain  in 
the  Treasury  of  the  United  States  until  such  time  as  it  can, 
under  the  direction  of  the  Secretary  of  the  Interior,  with  the 
consent  of  the  chiefs,  be  used  to  advantage  in  establishing  a 
school  upon  their  reservation. 

ARTICLE  11.  The  amount  now  due  and  unpaid  for  a  farmer, 
under  the  provisions  of  the  third  article  of  their  treaty  of  May 
thirteen,  one  thousand  eight  hundred  and  thirty-eight  [three], 
may  be  used  by  the  chiefs  and  council  for  the  purchase  of  pro 
visions,  farming-implements,  seed,  and  otherwise  for  the  pur 
pose  of  assisting  the  people  in  agriculture ;  and  their  annual  in 
come  now  paid  for  farmer  shall  hereafter  be  set  apart  for  the 
purposes  of  assistance  and  improvement  in  agriculture. 


844 

37662  CLAIMS  FOR  LOSSES  BY  THE  WAR. 

37663  ARTICLE  12.  Whereas  the  aforesaid  Senecas,  Mixed  Seuecas 

37664  and  Shawnees,  and  Quapaws  were  driven  from  their  homes  during 

37665  the  late  war,  and  their  property  destroyed,  it  is  agreed  that  a 
3766G  commission  of  not  to  exceed  two  persons  shall  be  appointed  by 
376G7  the  Secretary  of  the  Interior  who  shall  proceed  to  their  country 
376G8  and  make  careful  investigation  of  their  claims  for  losses,  and 
376G9  make  full  report  of  the  same  to  the  Department :  and  the  Secre- 

37670  tary  of  the  Interior  shall,  upon  such  report,  make  such  awards 

37671  as  he  may  deem  equitable  and  just;    and  upon  such  award 

37672  the  United  States  will  pay  the  claimants  the  amounts  declared 

37673  to  be  due,  and  report  the  same  to  Congress. 

37674  PROVISIONS  IN    RELATION   TO   THE   WYANDOTTES. 

37675  ARTICLE  13.  The  United  States  will  set  apart  for  the  Wy- 

37676  andottes  for  their  future  home  the  laud  ceded  by  the  Senecas  in 

37677  the  first  article  hereof,  and  described  in  said  article,  to  be  owned 

37678  by  the  said  Wyandottes  in  common  ;  "  and  the  Secretary  of  the 

37679  Interior  is  hereby  authorized  and  required  to  appoint  three  per- 

37680  sons,  whose  duty  it  shall  be  to  ascertain  and  report  to  the  De- 

37681  partment  the  amount  of  money,  if  any,  due  by  the  United 

37682  States  to  the  Wyaudottfe]  Indians  under  existing  treaty  stipula- 

37683  tions,  and  the  items  mentioned  in  Schedule  A,  appended  to  this 

37684  treaty,  and  the  report  of  the  persons  so  appointed,  with  the  evi- 

37685  deuce  taken,  shall  be  submitted  to  Congress  for  action  at  its 

37686  next  session. n    A  register  of  the  whole  people,  resident  in  Kan- 

37687  sas  and  else\vhere,-shall  be  taken  by  the  agent  of  the  Delawares, 

37688  under  the  direction  of  the  Secretary  of  the  Interior,  on  or  before 

37689  the  first  of  July,  one  thousand  eight  hundred  and  sixty-seven, 

37690  which  shall  show  the  names  of  all  who  declare  their  desire  to  be 

37691  and  remain  Indians,  and  in  a  tribal  condition,  together  with  iu- 

37692  competents  and  orphans,  as  described  in  the  treaty  of  one  thon- 

37693  sand  eight  hundred  and  fifty-five  ;  and  all  such  persons,  and 

37694  those  only,  shall  hereafter  constitute  the  tribe  :  Provided,  That 
37095  no  one  who  has  heretofore  consented  to  become  a  citizen,  nor 
37696  the  wife  or  children  of  any  such  person,  shall  be  allowed  to  be 
37G97  come  members  of  the  tribe  except  by  the  free  consent  of  the 

tribe  after  its  new  organization,  and  unless  the  agent  shall  cer- 

37099  tify  that  such  party  is  through  poverty  or  incapacity  unfit  to 

37700  continue  in  the  exercise  of  the  responsibilities  of  citizenship  of 

37701  the  United  States  and  likely  to  become  a  public  charge. 

ARTICLE  14.  Whenever  the  register  in  the  next  preceding 

3^703  article  shall  have  been  completed  and  returned  to  the  Commis- 

3<i  -(04  siouer  of  Indian  Affairs,  the  amount  of  money  in  said  article 

37705  acknowledged  to  be  due  to  the  Wyandott[e]s  shall  be  divided, 


845 

. 

37706  aiul  that  portion  equitably  due  to   the  citizens  of  said  people 

37707  shall  be  paid  to  them  or  their  heirs,  under  the  direction  of  the 

37708  Secretary  of  the  Interior ;  and  the  balance,  after  deducting  the 

37709  cost  of  the  land  purchased  from  the  Senecas  by  the  first  article 

37710  hereof,  and  the  sum  of  five  thousand  dollars  to  enable  the  Wy- 

37711  andott[e]s  to  establish  themselves  in  their  new  homes,  shall  be 

37712  paid  to  the  Wyandottfe]  tribe  per  capita. 

37713  ARTICLE  15.  All  restrictions  upon  the  sale  of  lands  as- 

37714  signed  and  patented  to  "  incompetent"  Wyandott[e]s  under  the 

37715  fourth  article  of  the  treaty  of  one  thousand  eight  hundred  and 

37716  fifty-five,  shall  be  removed  after  the  ratification  of  this  treaty, 

37717  but  no  sale  of  lands  heretofore  assigned  to  orphans  or  incompe- 

37718  tents  shall  be  made  under  decree  of  any  court,  or  otherwise,  for 

37719  or  on  account  of  any  claim,  judgment,  execution,  or  order,  or  for 

37720  taxes,  until  voluntarily  sold  by  the  patentee,  or  his  or  her  heirs, 

37721  with  the  approval  of  the  Secretary  of  the  Interior;  and  whereas 

37722  many  sales  of  land  belonging  to  this  class  have  heretofore  been 

37723  made,  contrary  to  the  spirit  and  intent  of  the  treaty  of  one 

37724  thousand  eight  hundred  and  fifty-five,  it  is  agreed  that  a  thor- 

37725  ough  examination  and  report  shall  be  made,  under  direction  of 

37726  the  Secretary  of  the  Interior,  in  order  to  ascertain  the  facts  re- 

37727  lating  to  all  such  cases;  and,  upon  a  full  examination  of  such  re- 

37728  port  and  hearing  of  the  parties  interested,  the  said  Secretary 

37729  may  confirm  the  said  sales,  or  require  an  additional  amount  to 

37730  be  paid,  or  declare  such  sales  entirely  void,  as  the  very  right  of 

37731  the  several  cases  may  require. 

37732  PROVISIONS   RELATING   TO   THE   OTTAWAS. 

37733  ARTICLE  16.  The  west  part  of  the  Shawuee  reservation, 

37734  ceded  to  the  United  States  by  the  third  article,  is  hereby  sold 

37735  to  the  Ottawas,  at  one  dollar  per  acre;  and  for  the  purpose  of 

37736  paying  for  said  reservation  the  United  States  shall  take  the 

37737  necessary  amount,  whenever  the  area  of  such  land  shall  be  found 

37738  by  actual  survey,  from  the  funds  in  the  hands  of  the  Government 

37739  arising  from  the  sale  of  the  Ottawa  trust-lands,  as  provided  in 

37740  the  ninth  article  of  the  treaty  of  one  thousand  eight  hundred 

37741  and  sixty-two,  and  the  balance  of  said  fund,  after  the  payment 

37742  of  accounts  provided  for  in  article  five  of  the  treaty  of  one 

37743  thousand  eight  hundred  and  sixty-two,  shall  be  paid  to  the  tribe 

37744  per  capita. 

37745  ARTICLE  17.  The  provisions  of  the  Ottawa  treaty  of  one  thou- 

37746  sand  eight  hundred  and  sixty-two,  (see  page  599,)  under  which  all 

37747  the  tribe  were  to  become  citizens  upon  the  sixteenth  of  July,  one 

37748  thousand  eight  hundred  and  sixty-seven,  are  hereby  extended  for 

37749  two  years,  or  until  July  sixteenth,  one  thousand  eight  hundred  and 

37750  sixty-nine;  but  any  time  previous  to  that  date  any  member  of 


846 

37751  the  tribe  may  appear  before  the  United  States  district  court  for 

37752  Kansas,  and  declare  his  intention  to  become  a  citizen,  when  he 

37753  shall  receive  a  certificate  of  citizenship,  which  shall  include  his 

37754  family,  and  thereafter  be  disconnected  with  the  tribe,  and  shall 

37755  be  entitled  to  his  proportion  of  the  tribal  fund;   and  all  who 

37756  shall  not  have  made  such  declaration  previous  to  the  last-men- 

37757  tioned  date  shall  still  be  considered  members  of  the  tribe.     In 

37758  order  to  enable  the  tribe  to  dispose  of  their  property  in  Kansas, 

37759  and  remove  to  their  new  homes  and  establish  themselves  thereon, 

37760  patents  in  fee-simple  shall  be  given  to  the  heads  of  families  and 

37761  to  all  who  have  come  of  age  among  the  allottees  under  the 

37762  the  treaties  of  one  thousand  eight  hundred  and  sixty-two,  so  that 

37763  they  may  sell  their  lauds  without  restriction  ;  but  the  said  lands 

37764  shall  remain  exempt  from  taxation  so  long  as  they  may  be  retained 

37765  by  members  of  the  tribe  down  to  the  said  sixteenth  of  July,  one 

37766  thousand  eight  hundred  and  sixty-nine;    and  the  chiefs  and 

37767  council  of  the  said  tribe  shall  decide  in  the  case  of  disputed 

37768  heirship  to  real  estate,  taking  as  a  rule  the  laws  of  inheritance 

37769  of  the  State  of  Kansas. 

37770  ARTICLE  18.    The  United  States  agree   to  pay  claim  of 

37771  J.  T.  Jones,  for  which  a  bill  of  appropriation  has  passed  one  of 

37772  the  branches  of  Congress,  but  which  has  been  withdrawn  from 

37773  before  Congress,  being  for  destruction  by  fire  of  his  dwelling 

37774  and  other  property  by  whites,  in  one  thousand  eight  hundred 

37775  and  fifty-six,  shall  be  allowed  and  paid  to  him,  amounting  to  six 

37776  thousand  seven  hundred  dollars. 

37777  ARTICLE  19.  The  sixth  article  of  the  treaty  of  one  thousand 

37778  eight  hundred  and  sixty-two  (see  page  601)  shall  remain  unchanged 

37779  except  as  provided  in  this  article.     The  children  of  the  tribe  be- 

37780  tween  the  ages  of  six  and  eighteen  (6  and  18)  shall  be  entitled  to  be 

37781  received  at  said  institution,  and  to  be  subsisted,  clothed,  edu- 

37782  cated,  and  attended  in  sickness,  where  the  sickness  is  of  such  a 

37783  nature  that  the  patient  promises  a  return  to  study  within  a 

37784  reasonable  period;  the  children  to  be  taught  and  practised  in 

37785  industrial  pursuits  suitable  to  their  age  and  sex,  and  both  sexes 

37786  in  such  branches  of  learning,  and  to  receive  such  advantages  as 

37787  the  means  of  the  institution  will  permit;  these  rights  and  privi 
leges  to  continue  so  long  as  any  children  of  the  tribe  shall 

37789  present  themselves  for  their  exercise.    And  the  Secretary  of  the 

37790  Interior  and  the  senior  corresponding  secretary  of  the  American 

37791  Baptist  Home  Mission  Society  shall  be  members  ex  offcio  of  the 
board  of  trustees,  with  power  to  vote  in  person  or  by  proxy,  it 

3n93  being  the  special  intention  of  this  provision  to  furnisiTadditional 

•J7794  supervision  of  the  institution,  so  that  the  provisions  of  this 
article  may  be  carried  into  effect  in  their  full  spirit  and  intent. 
ARTICLE  20.  It  is  further  agreed  that  the  remaining  unsold 


37797 

37798 
37799 
37800 
37801 
37802 
37803 
37804 
37805 
37806 
37807 


847 

portion  of  trust-lands  of  the  Ottawas,  amounting  to  seven  thou 
sand  two  hundred  and  twenty-one  and  twenty  one-hundredths 
acres,  shall  be  sold  to  the  trustees  of  Ottawa  University,  to  be 
disposed  of  far  the  benefit  of  said  institution  at  the  appraised 
value  thereof,  and  that  the  said  trustees  shall  have  until  July 
sixteenth,  one  thousand  eight  hundred  and  sixty-nine,  to  dispose 
of  the  same  and  pay  to  the  Government  the  value  of  said  lands  : 
Provided,  That  the  said  trustees  shall  furnish,  within  thirty 
days  after  the  ratification  of  this  treaty,  to  the  Secretary  of  the 
Interior,  a  satisfactory  bond  for  the  fulfilment  of  their  obliga 
tions. 


37808  PROVISIONS  RELATING  TO    THE  PEORIAS,   KASKASKIAS,   WEAS, 

37809  AND    PIANKESHAWS. 

37810  ARTICLE  21.    Whereas  certain  arrangements  have    been 

37811  made  by  the  chiefs  of  the  confederated  tribes  of  Peorias,  Kas- 

37812  kaskias,  Weas,  and  Piankeshaws  for  the  sale  to  actual  settlers 

37813  of  the  lands  held  by  them  in  common,  being  nine  and  one-half 

37814  sections,  for  a  reasonable  consideration,  according  to  the  terms 

37815  of  a  certain  petition  of  the  said  tribe,  with  schedule  annexed, 

37816  (which   schedule  is  annexed  to  this  treaty,  and  marked  "B,") 

37817  dated  December  twenty-sixth,  one  thousand  eight  hundred  and 

37818  sixty-six,   filed  in   the   office  of  the  Commissioner  of  Indian 

37819  Affairs,  it  is  agreed  that  the  said  arrangements  shall  be  carried 

37820  into  full  effect,  and   the  purchasers  thereunder  shall  receive 

37821  patents  from  the  United  States  for  the  lands  so  purchased,  upon 

37822  making  full  payment  for  the  same  to  the  Secretary  of  the  Inte- 

37823  rior,  and  the  amount  already  paid  by  said  purchasers,  as  appears 

37824  from  said  schedule  and  in  the  hands  of  the  chiefs,  shall  be  paid 

37825  to  the  Secretary  of  the  Interior,  and  the  whole  amount  of  the 

37826  purchase-money  shall  also  be  paid  to  the  said  Secretary  on  or 

37827  before  the  first  day  of  June,  one  thousand  eight  hundred  and 

37828  sixty-seven,  and  shall  be  held  by  him  for  the  benefit  of  the  tribe, 

37829  subject  to  the  provisions  of  this  treaty. 

37830  ARTICLE  22.  The  land  in  the  second  and  fourth  articles  of 

37831  this  treaty  proposed  to  be  purchased  from  the  Senecas  and  Qua- 

37832  paws,  and  lying  south  of  Kansas,  is  hereby  granted  and  sold 

37833  to  the  Peorias,  &c.,  and  shall  be  pail  for,  at  the  rate  paid  for 

37834  the  same  by  the  Government,  out  of  the  proceeds  of  the  nine 

37835  and  a  half  sections  referred   to  in  the  last  preceding  article, 

37836  adding  thereto  whatever  may  be  necessary  out  of  other  moneys 

37837  in  the  hands  of  the  United  States  belonging  to  said  Peorias,  &c. 

37838  ARTICLE  23.   The  said  Indians  agree  to  dispose  of  their 

37839  allotments  in  Kansas  and  remove  to  their  new  homes  in  the 

37840  Indian  country  within  two  years  from  the  ratification  of  this 

37841  treaty  ;  and  to  that  end  the  Secretary  of  the  Interior  is  author- 


848 

3784°  ized  to  remove  altogether  the  restrictions  upon  the  sales  of  their 

37843  lands  provided  under  authority  of  the  third  article  of  the  treaty 

37844  of  May  thirtieth,  one  thousand  eight  hundred  and  fifty-four,  in 

37845  such  manner  that  adult  Indians  may  sell  their  own  lands,  and  that 

37846  the  lands  of  minors  and  incompetents  may  be  sold  by  the  chiefs, 

37847  with  the  consent  of  the  agent,  certified  to  the  Secretary  of  the 

37848  Interior  and  approved  by  him.     And  if  there  should  be  any 

37849  allotments  for  which  no  owner  or  heir  thereof  survives,  the  chiefs 

37850  may  convey  the  same  by  deed,  the  purchase-money  thereof  to  be 

37851  applied,  under  the  direction  of  the  Secretary,  to  the  benefit  of 

37852  the  tribe ;  and  the  guardianship  of  orphan  children  shall  remain 

37853  in  the  hands  of  the  chiefs  of  the  tribe,  and  the  said  chiefs  shall 

37854  have  the  exclusive  right  to  determine  who  are  members  of  the 

37855  tribe  and  entitled  to  be  placed  upon  the  pay-rolls. 

37856  ARTICLE  24.  An  examination  shall  be  made  of  the  books 

37857  of  the  Indian  Office,  and  an  account-current  prepared,  stating 

37858  the  condition  of  their  funds,  and  the  representations   of  the 

37859  Indians  for  overcharges  for  sales  of  their  lands  in  one  thousand 

37860  eight  hundred  and  fifty-seven  and  one  thousand  eight  hundred 

37861  and  fifty-eight  shall  be  examined  and  reported  to  Congress ;  and 

37862  in  order  further  to  assist  them  in  preparing  for  removal  and  in 

37863  paying  their  debts,  the  further  amount  of  twenty -five  thousand 

37864  dollars  shall  be  at  the  same  time  paid  to  them  per  capita  from 

37865  the  sum  of  one  hundred  and  sixty-nine  thousand  six  hundred 

37866  and  eighty  six  dollars  and  seventy-five  cents,  invested  for  said 

37867  Indians  under  act  of  Congress  of  July  twelfth,  one  thousand 

37868  eight  hundred  and  sixty-two ;  and  the  balance  of  said  sum  .of 

37869  one  hundred  and  sixty-nine  thousand  six  hundred  and  eighty  - 

37870  six  dollars  and  seventy-five  cents,  together  with  the  sum  of 

37871  ninety-eight  thousand  dollars  now  invested  on   behalf  of  the 

37872  said  Indians  in  SJbate  stocks  of  Southern  States,  and  the  sum  of 

37873  three  thousand  seven  hundred  dollars,  being  the  balance  of  in  - 

37874  terest,  at  five  per  cent,  per  annum,  on  thirty-nine  thousand  nine 

37875  hundred  and  fifty  dollars  held  by  the  United  States,  from  July, 

37876  one  thousand  eight  hundred  and  fifty-seven,  till  vested  in  Kan- 

37877  sas  bonds  in  December,  one  thousand  eight  hundred  and  sixty  - 

37878  one,  after  crediting  five  thousand  dollars  thereon  heretofore 

37879  receipted  for  by  the  chiefs  of  said  Indians,  shall  be  and  remain 

37880  as  the  permanent  fund  of  the  said  tribe,  and  five  per  cent,  be 

37881  paid  semi-annually  thereon,  per  capita,  to  the  tribe;  and  the 

37882  interest  due  upon  the  sum  of  twenty-eight  thousand  five  huu- 

37883  died  dollars  in  Kansas  bonds,  and  upon  sixteen  thousand  two 

37884  hundred  dollars  in  United  States  stocks,  now  held  for  their 

37885  benefit,  shall  be  paid  to  the  tribe  semi-annually,  in  two  equal 

37886  payments,  as  a  permanent  school-fund  income  :  Provided,  That 

37887  there  shall  be  taken  from  the  said  invested  fund  and  paid  to 


849 

37888  the  said  tribe,  per  capita,  on  the  first  of  July,  one  thousand 

37889  eight  hundred  and  sixty-eight,  the   sum  of  thirty    thousand 

37890  dollars,  to  assist  them  in  establishing  themselves  upon  their 

37891  new  homes ;   and  at    any  time    thereafter,   when    the    chiefs 

37892  shall  represent  to  the  satisfaction  of  the  Secretary  of  the  Inte- 

37893  rior  that  an  additional  sum  is  necessary,  such  sum  may  be  taken 

37894  from  their  invested  fund  :  And  provided  also,  That  the  said  in 

37895  vested  fund  shall  be  subject  to  such  division  and  diminution  as 

37896  may  be  found  necessary  in  order  to  pay  those  who  may  become 

37897  citizens  their  share  of  the  funds  of  the  tribe. 

37898  ARTICLE  25.  Whereas  taxes  have  been  levied  by  the  au- 

37899  thority  of  the  State  of  Kansas  upon  lauds  allotted  to  members 

37900  of  the  tribe,  the  right  and  justice  of  which  taxation  is  not  ac- 

37901  knowledged  by  the  Indians,  and  on  which  account  they  have 

37902  suffered  great  vexation  and  expense,  and  which  is  now  a  matter 

37903  in  question  in  the  Supreme  Court  of  the  United  States,  it  is 

37904  agreed  that,  in  case  that  court  shall  decide  such  taxes  unlawful, 

37905  the  Government  will  take  measures  to  secure  the  refunding  of 

37906  said  taxes  to  such  of  the  Indians  as  have  paid  them. 

37907  ARTICLE  26.  The  Feorias,  Kaskaskias,  Weas,  and  Pianke- 

37908  shaws  agree  that  the  Miarnies  may  be  confederated  with  them 

37909  upon  their  new  reservation,  and  own  an  undivided  right  in  said 

37910  reservation  in  proportion  to  the  sum  paid,  upon  the  payment 

37911  by  the  said  Miarnies  of  an  amount  which,  in  proportion  to  the 

37912  number  of  the  Miamies  who  shall  join  them,  will  be  equal  to 

37913  their  share  of  the  purchase-money  in  this  treaty  provided  to  be 

37914  paid  for  the  land,  and  also  upon  the  payment  into  the  common 

37915  fund  of  such  amount  as  shall  make  them  equal  in  annuities  to 

37916  the  said  Peorias,  &c.,  the  said  privilege  to  remain  open  to  the 

37917  Miamies  two  years  from  the  ratification  of  this  treaty. 

37918  ARTICLE  27.  The  United  States  agree  to  pay  the  said 

37919  Indians  the  sum  of  one  thousand  five  hundred  dollars  per  year 

37920  for  six  years  for  their  blacksmith  and  for  necessary  iron  and 

37921  steel  and  tools  ;  in  consideration  of  which  payment  the  said  tribe 

37922  hereby  relinquish  all  claims  for  damages  and  losses  during  the 

37923  late  war,  and  at  the  end  of  the  said  six  years  any  tools  or  ma- 

37924  terials  remaining  shall  be  the  property  of  the  tribe. 

37925  ARTICLE 28.  Inasmuch  as  there  may  be  those  among  them 

37926  who  may  desire  to  remain  in  Kansas  and  become  citizens  of  the 

37927  United  States,  it  is  hereby  provided  that,  within  six  months 

37928  after  the  ratification  of  this  treaty,  a  register  shall  be  taken  by 

37929  the  agent,  which  shall  show  the  names  separately  of  all  who 

37930  voluntarily  desire  to  remove,  and  all  who  desire  to  remain  and 

37931  become  citizens 5  and  those   who  shall   elect  to  remain    may 

37932  appear  before  the  judge  of  the  United  States  district  court  for 

37933  Kansas  and  make  declaration  of  their  intention  to  become  citi- 

107  I  T 


850 

37934  zens,  and  take  the  oatli  to  support  the  Constitution _of  the  United 

37935  States;  and  upon  filing  of  a.  certificate   of    such   declaration 
37930  and  oath  in  the  office  of  the  Commissioner  of  Indian  Affairs 

37937  they  shall  be  entitled  to  receive  the  proportionate  share  of  them- 

37938  selves  and  their  children  in  the  invested  funds  and  other  com- 

37939  mon  property  of   the   tribe ;    and  therefrom   they    and  their 

37940  children  shall  become  citizens,  and  have  no  further  rights  in  the 

37941  tribe  ;  and  all  the  females  who  are  heads  of  families,  and  single 

37942  women  of  full  age,  shall  have  the  right  to  make  such  declaration 

37943  and  become  disconnected  from  the  tribe. 

37944  Articles  29  to  39,  inclusive,  stricken  out. 

37945  ARTICLE  40.  If    any  amendments  shall   be  made  to  this 
37940  treaty  by  the  Senate,  it  shall  only  be  necessary  to  submit  the 

37947  same  for  the  assent  of  the  particular  tribe  or  tribes  interested  ; 

37948  and  should  any  such  amendments  be  made,  and  the  assent  of 

37949  the  tribe  or  tribes  interested  not  obtained,  the  remainder  of  the 

37950  treaty  not  affected  by  such  amendment  shall  nevertheless  take 

37951  effect  and  be  in  force. 

37952  ARTICLE  41.  The  expenses  of  negotiating  this  treaty,  not 

37953  exceeding  twelve  thousand  dollars,   shall  be  paid  by  the  United 

37954  States. 


37955      !*• — Xttnics  of  settlers,  JVo.s.  of  land  and  price  thereof,  together  icilli  the  amount 
37950         deposited  by  each  settler,  on  the  ten-section  reserve  in  Miami  County,  Kansas. 


i  ~_ 

1  'o 

s 

i 

37957                 Names.                     (Quarter. 

.~  a 

111 

gi 

'SJ         1 

II 

«    !* 

£ 

02 

37958     Andrew  J.  Sinclair.    E.  J 

23  16 

24       320 

$4  00 

$426  66  ,f  1,280  00 

37959      Zarheus  Hays  .... 

NW.  and  E.  ^.^ 

2616 

-.1       160 

4  75 

SW.and  SE.  \ 

22  -  - 

..'       120 

4  50 

433  00      1,300  00 

of  NW.         j 

1 

•'57960      Kandolnh  Jioyd... 

NE  

26-.  ..j       KJO 

4  75 

253  33         760  00 

.')79G1     John  Nichols  and 

W.  .4  RE 

80 

.,  ~,- 

100  00         300  00 

William  Gray. 

37962     John  Martin  !  SE  

19  .  .  25        1()()|     5  25 

379G3             Same  

S.  i  SE  

1- 

..j        80     5  00 

500  00      1,240  00 

379C4     David  II.  Baiitu.  .. 

SVV  

19.. 

...       160 

5  00 

267  00,        800  00 

.'57965      Reuben  Fellows.. 

S\V  

2?  .. 

24       160 

4  00 

214  00         640  00 

37960     J.  T.  Piter  

NW 

i«n 

•i    r.t) 

1  ^fi  00           rifiO   0(1 

37907     Leroy  W.Martin.. 

NE. 

19  .  .  25!       160 

•j    OU 

r.   t)^ 

J.CU    UU                *)f)U     I/'  ' 

onn  nfi          w-<n  nn 

37968     Charles  Converse. 

E.^NW.andW. 

30  ..  .  J      200 

O       -^O              /i'V'W       W                         LJ-1V/       VV/ 

4  25                          850  00 

h  and  NE  i 

i 

i 

ofNE. 

j 

851 

37909  Ji.—yainiv  of  settlers,  Nos.  of  laud  and  price  thereof,  tf-f.— Continued. 


37970  Names.  Quarter.          c  1   9    J  |    !        £        Jig 

« 


"| 
- 


37971  Hen  jam  in  Win-     SE  ............  31....        Kid     4  25 

grove.  j-226 

37972  Same  ........    SW.  of  SE  .....  30!..:..         40;    4  00  j 

37973  Samuel  McKiuney      SW  ...........  31.  J..        IfiOi     400'     21333         64000 

37974  Squire  James  Wai-     NE  ............    (517..        160     330     10500         52800 

ler. 

37975  George  A.  Whitta-      E.  £  ...........  271624       320'     450     48000     1,44000 

ker. 
37970      William  Smith  ____    E.    .\   SE.    and    '28....        120     400  ........          48000 

SE.  of  NE. 

37977  Edward   Morgan..    X.  -|  and    SW.      61725        160     4  00     215  00         640  00 

iofNW.,and 
NW.iofSW. 

37978  Albert    Ueiindorf..    S.  -i  NE  ........  221624          HO     350       1)500         28000 

37979  Charles  Martin  ____    N\V.,  S.  -i,  and      11625       280     350  ........          98000 

NW.iofSW. 

37980  Francis   Hastings      Half  ..........  23  ..  24        320     400     42(50(5      1,28000 

and  William 
Morgan,  jr. 

37981  Joel  O.  Loveridge,      E.  i  and  S\V.  |      t  ..  760     4001,01333      3,04000 

i 

Geo.  W.  Lover-         ofSW. 
idge,  Alfred  Lov- 
eridgo,  jointly. 

37982  Isaac  Shaw  ........  NE  ............     1  17  24  1(50  5  00     250  00  800  00 

37983  Jacob  Sims  .......  SE  ............  131624  160  350  ........  56000 

37984  Zachens  Hays  .....  S  W  ...........  -26  16  24  160  3  50  ........  560  00 

37985  Town  tract*  ......  N.  -i  ...........  31  .  .  25  320  4  00  ........  1  ,  280  00 

37986  Ambrose  Shields  .  .  NE  ............  34  16  24  1(50  3  50  ........  560  00 

379S7  Anthony  Cott  .....  SE  ............  22  16  24  160  3  00  ........  480  00 

37988  Edward  Dagenett.  ,                               ..1725  80  400..  32000 


37939  Total I     (..    5,680 5,66497   22,27800 


37990  The  three  last-named  are  half-breed  Indians,  who  will  be- 

37991  come  citizen?.     Said   Shields  has  5  children,  said  Cott  3,  and 

37992  Dagenette  2.     William  Smith,  the  settler  aforesaid,  has  a  half- 

37993  breed  wife  and  2  children.   He  takes  said  120  acres  in  full  of  the 


*  This  tract  to  be  conveyed  to  David  Perry  and  Chas.  Sims,  on  payment  of  said 
one  thousand  two  hundred  and  eighty  dollars  by  June  first. 

1 19  and  18.  1 24  and  13. 


852 

3709-1  interest  of  his  family  in  net  proceeds  of  the  reserve,  and  is  to 

37995  pay  one  hundred  and  sixty  dollars  ($160)  besides. 

37990        *  Said  Shields,  Cott,  and  Dagenett  take  their  respective  tracts 

37997  at  the  price'stated,  in  lien  of  a  like  sum  of  the  shares  of  the  in  - 

37998  selves  and  families  in  the  net  proceeds  of  the  reserve:  Provided, 

37999  That,  should  the  share  of  cither  family  in  the  net  proceeds  of 

38000  the  reserves  be  less  than  the  price  agreed  for  the  land  taken  by 

38001  the  head  of  such  family,  then  the  deficit  to  be  paid  in  money  as 

38002  by  other  settlers.    The  title  in  each  of  the  four  cases  last  uien- 

38003  tioned  to  be  made  jointly  to  the  various  members  of  the  family, 

38004  by  name,  whose  shares  in  said  proceeds  pay  for  same. 

38005  Joshua  Clayton  takes  SE.  J  section  30,  township  1G,  range 
38000  24,  100  acres,  at  -"H  por  acre,  and  deposits  $213  ;  total  payment, 

38007  $040.00. 

38008  Kuoles  Shaw,  W.  i  of  SE.  J  section  0,  town[ship],17,  range 

38009  25,  SO  acres ;  has  deposited  $94 ;  total  payment,  $280.00. 

38010  Thos.  Morgan  and  John  W.  Majors  takeE.  j-  of  said  quarter, 

38011  at  $3  per  acre;  deposited,  $9;  total,  $240.00. 

38012  There  in  [are]  80  acres  un taken,  for  which  a  purchaser  will 

38013  be  named  by  the  chiefs  before  1st  June  next. 

38014  Total  land  disposed  of,  0,000  acres. 

38015  Total  money  deposited,  $5,970.00. 
38010  Total  amount  at  prices  agreed,  23,438.00. 

.'58017  The  above  lands  to  be  patented  to  the  persons  aforesaid,  or 

,'58018  their  representatives,  on  prompt  payment  of  the  price  agreed,  by 

38019  1st  June,  1807:  Provided.  That  if  any  settler  refuse  or  neglect 

38020  to  pay  as  aforesaid,  then  the  tract  of  land  by  him  claimed  to  be 

38021  sold  under  sealed  bids. 

38022  Proclaimed  October  14,  1808. 


38023  SEVEN  NATIONS  OF  CANADA. 

38024  At  a  treaty  held  at  the  city  of  New  York  with  the  nations  or  tribes 

38025  of  Indians  denominating  themselves  the  Seven  Nations  of  Can- 
38020  ada,  Abraham   Ogden,  commissioner  appointed  under  the  au- 
38027  thority  of  the    United  States  to  hold  the  treaty ;  Ohnaiceio, 

alias  Goodstream,  Teharagwanegen,   alias  Thomas  Williams, 
t (co  chiefs  of  the  Caghnawagas  ;  Atiatoharong wan,  alias   Col- 

38030  oncl  Lewis  Coolc,  a  chief  of  the   St.  Regis  Indians,  and  Wil- 

38031  Ham  Gray,  deputies  authorized  to  represent  these  Seven  Na 
tions  or  triles  of  Indians  at  the  treaty,  and  Mr.  Gray  serving 
also  as  interpreter  ;   Egbert  Benson,  Richard    Varick,   and 
James  Waston,  agents  for  the  State  of  New  Tor'k  ;   William 


853 

38035  Constable  and  Daniel  MCormwk,  purchasers  under  Alexander 

3803G  Macomb. 

38037  The  agents  lor  the  State  having,  in  the  presence  and  with 

38038  the  approbation  of  the  commissioner,  proposed  to  the  deputies 

38039  for  the  Indians  the  compensation  hereinafter  mentioned  for  the 

38040  extinguishment  of  their  claim  to  all  lauds  within  the  State,  and 

38041  the  said  deputies  being  willing  to  accept  the  same,  it  is  there  - 

38042  upon  granted,  agreed,  and  concluded  between  the  said  deputies 

38043  and  the  said  agents,  as  follows  :  The  said  deputies  do,  for  and 

38044  iii  the  name  of  the  said  Seven  Nations  or  tribes  of  Indians,  cede, 

38045  release,  and  quit-claim  to  the  people  of  the  State  of  New  York, 
3804G  forever,  all  the  claim,  right,  or  title  of  them,  the  said  Seven 

38047  Nations  or  tribes  of  Indians,  to  lands  within  the  said  State  : 

38048  Provided,  nevertheless,  That  the  tract  equal  to  six  miles  square, 
38040  reserved  in  the  sale  made  by  commissioners  of  the  land-office  of 

38050  the  said  State  to  Alexander  Macomb,  to  be  applied  to  the  use 

38051  of  the  Indians  of  the  village  of  St.  Regis,  shall  still  remain  so 

38052  reserved.    The  said  agents  do,  for  and  in  the  name  of  the  people 

38053  of  the  State  of  New  York,  grant  to  the  said  Seven  Nations  or 

38054  tribes  of  Indians  that  the  people  of  the  State  of  New  York 

38055  shall  pay  to  them,  at  the  mouth  of  the  river  Chazy,  on   Lake 
3805G  Champlain,  on  the  third  Monday  in  August  next,  the  sum  of  one 

38057  thousand  two  hundred  and  thirty-three  pounds  six  shillings  and 

38058  eight  pence,  and  the  further  sum  of  two  hundred  and  thirteen 

38059  pounds  six  shillings  and  eight  pence,  lawfull  money  of  the  said 
380GO  State,  and  on  the  third  Monday  in  August,  yearly,  forever  there- 

38061  after,  the  like  sum  of  two  hundred   and  thirteen   pounds   six 

38062  shillings  and  eight  pence  :  Provided,  nevertheless ,  That  the  peo. 

38063  pie  of  the  State  of  New  Y^ork  shall  not  be  held  to  pay  the  said 

38064  sums,  unless  in  respect  to  the  two   sums  to  be  paid  on  the 

38065  third  Monday   in  August  next,   at    least  twenty,   and  in  re- 

38066  spect  to  the  said  yearly  sum  to  be  paid  thereafter,  at  least 

38067  five  of  the  principal  men  of  the  said  Seven  Nations  or  tribes 

38068  of  Indians  shall  attend  as  deputies  to  receive  and  give  receipts 

38069  for  the   same.      The    said    deputies    having    suggested    that 

38070  the  Indians  of  the  village  of  St.  Eegis  have  built  a  mill  on 

38071  Salmon  Eiver,  and  another  on  Grass  Eiver,  and  that  the  mead- 

38072  ows  on  Grass  Eiver  are  necessary  to  them  for  hay,  in  order, 

38073  therefore,  to  secure  to  the  Indians  of  said  village  the  use  of  the 

38074  said  mills  and  meadows,  in  case  they  should  hereafter  appear 

38075  not  to  be  included  within  the  above  tract  so  to  remain  reserved, 

38076  it  is,  therefore,  also  agreed  and  concluded  between  the  said 

38077  deputies,  the  said  agents,  and  the  said  William  Constable  and 

38078  Daniel  M'Cormick,  for  themselves  and  their  associates,  pur- 

38079  chasers  under  the  said  Alexander  Macomb,  of  the  adjacent  lands, 


,",8080 
38081 
38082 
38083 
33084 
38085 


854 

that  there  shall  be  reserved,  to  be  applied  to  the  use  of  the  In 
dians  of  the  said  village  of  St.  Eegis,  in  like  manner  as  the  said 
tract  is  to  remain  reserved,  a  tract  of  one  mile  square  at  each  of 
tlie  said  mills,  and  the  meadows  on  both  sides  of  the  said  Grass 
Kiver  from  the  said  mill  thereon  to  its  confluence  with  the  river 
St.  Lawrence. 

Ratified  January  31,  1797. 


;;sns- 


SIOUX— VAN KTOX  TRIBE. 


35058  A  treaty  of  peace  and  friendship  made  and  concluded  between  Wil- 

35059  Uam  Clark,  Ninian  Edwards,  and  Auguste  Choutcau,  commis- 

38090  loners  plenipotentiary  of  the  United  States  of  America,  on  the 

38091  part  and  behalf  of  the  said  States,  of  the  one  part,  and  the 

38092  undersigned  chiefs  and  warriors  of  the  Yancton  tribe  of  Indi- 

38093  ans,  on  the  part  and  behalf  of  their  said  tribe,  of  the  other  part. 

38094  The  parties  being  desirous  of  re  establishing   peace   and 

38095  friendship  between  the  United  States  and  the  said  tribe,  and  of 
38090  being  placed,  in  all  things  and  in  every  respect,  on  the  same 

38097  footing  upon  which  they  stood  before  the  late  war  between  the 

38098  United  States  and  Great  Britain,  have  agreed  to  the  following 

38099  articles: 

38100  ARTICLE  1.  Every  injury  or  act  of  hostility  committed  by 

38101  one  or  either  of  the  contracting  parties  against  the  other,  shall 

38102  be  mutually  forgiven  and  forgot. 

38103  ARTICLE  2.  There  shall  be  perpetual  peace  and  friendship 

38104  between  all  the  citizens  of  the  United  States  of  America  and  all 

38105  the  individuals  composing  the  said  Yanctou  tribe,  and  all  the 
3810G  friendly  relations  that  existed  between  them  before  the  war  shall 

38107  be,  and  the  same  are  hereby,  renewed. 

38108  ARTICLE  3.  The  undersigned  chiefs  and  warriors,  for  them- 

38109  selves  and  their  said  tribe,  do  hereby  acknowledge  themselves  to 

38110  be  under  the  protection  of  the  United  States  of  America,  and 

38111  of  no  other  nation,  power,  or  sovereign  whatsoever. 

38112  Proclaimed  July  19,  1815. 


38113    Articles  of  a  treaty  made  at  the  city  of  Washington,  between  Carey 
A.  Harris,  thereto  specially  authorised  by  the  President  of  the 
115  United  States,  and  the  Yankton  tribe  of  Sioux  Indians,  by  their 

381 1C  chiefs  and  delegates^ 

ARTICLE  1.  The  Yankton  tribe  of  Sioux  Indians  cede  to  the 
38118    United  States  all  the  right  and  interest  in  the  land  ceded  by  the 


855 

3811!)  treaty  concluded  with  them  aiid  other  tribes  on  the  fifteenth  of 

38120  July,  1830,  (proclaimed  February  24,  1831,)  which  they  might 

38121  be  entitled  to  claim  by  virtue  of  the  phraseology  employed  in 

38122  the  second  article  of  said  treaty. 

38123  ARTICLE  2.  In  consideration  of  the  cession  contained  in  the 

38124  preceding  article,  the  United  States  stipulate  to  pay  them  four 

38125  thousand  dollars,  ($4,000.)     It  is  understood  and  agreed  that 

38126  fifteen  hundred  dollars  ($1,500)  of  this  sum  shall  be  expended  in 

38127  the  purchase  of  horses  and  presents,  upon  the  arrival  of  the 

38128  chiefs  and  delegates  at  St.  Louis  ;  two  thousand  dollars  ($2,000) 

38129  delivered  to  them  in  goods,  at  the  expense  of  the  United  States, 

38130  at  the  time  their  annuities  are  delivered  next  year  5  and  five 

38131  hundred  dollars  ($500)  be  applied  to  defray  the  expense  of  re- 

38132  moving  the  agency  building  and  blacksmith's  shop  from  their 

38133  present  site. 

38134  ARTICLE  3.  The  expenses  of  this  negotiation  and  of  the 

38135  chiefs  and  delegates  signing  this  treaty  to  this  city  and  to  their 
3813G  homes  to  be  paid  by  the  United  States. 

38137  ARTICLE  4.  This  treaty  to  be  binding  upon  the  contracting 

38138  parties  when  the  same  shall  be  ratified  by  the  United  States. 

38139  Proclaimed  February  21,  1838. 

38140  Treaty  between  the  United  States  of  America  and  the  Yancton  tribe 

38141  of  Sioux  or  Daeotah  Indians,  concluded  at  Washington  April 

38142  19,  1858 ;  ratified  by  the  Senate  February  16,  1859. 

38143  JAMES  BUCHANAN,  President  of  the  United  States  of  America, 

38144  to  all  and  singular  to  whom   these  presents  shall  come, 

38145  greeting : 

38146  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

38147  Washington  on  the  nineteenth  day  of  April,  one  thousand  eight 

38148  hundred  and  fifty-eight,  by  Charles  F.  Mix,  as  a  commissioner  on 

38149  the  part  of  the  United  States,  and  the  following-named  chiefs 

38150  and  delegates  of  the  Yancton  tribe  of  Sioux  or  Daeotah  Indians, 

38151  viz : 

38152  Pa-la-ne-a-^M-pe,  the  man  that  was  struck  by  the  Ree. 

38153  Ma-to-sa-be-c/*e-a,  the  smutty  bear. 

38154  Charles  F.  Picotte,  Et-ke-cha. 

38155  Ta-tou-ka-tt'£te-co,  the  crazy  bull. 

38156  Pse-cha-wa-A:e«,  the  jumping  thunder. 

38157  Ma-ra-/ia-tou,  the  iron  horn. 

38158  Xombe-kah-pah,  one  that  knocks  down  two. 

38159  Ta-ton-ka-e-yah-ka,  the  fast  bull. 

38160  A-ha-ka-ma-ne,  the  walking  elk. 

38161  A-ha-ka-na-zhe,  the  standing  elk. 

33162  A-ha-ka-ho-che-cha,  the  elk  with  a  bad  voic3. 


856 

38163  Cha-tou-wo-ka-pii,  the  grabbing  liawk. 

38164  E-ha-we-cha-sha,  the  owl  man. 

38165  Pla-son-wa-AYifl-Mff-ge,  the  white  medicine  cow  that  stands. 

38166  Ma-ga-scha-c7ie-ka,  the  little  white  swan. 

38167  Oke-c/te-Zrt-wash-ta,  the  pretty  boy. 

38168  They  being  thereto  duly  authorized  by  said  tribe,  which 
38160  treaty  is  in  the  following  words,  to  wit : 

38170  Articles  of  agreement  and  convention  made  and  concluded  at 

38171  the  city  of  Washington,  this  nineteenth  day  of  April,  A.  D. 

38172  one  thousand  eight  hundred  and  fifty-eight,  by  Charles  E. 

38173  Mix,  commissioner  on  the  part  of  the  United  States,  and  the 

38174  following-named  chiefs  and  delegates  of  the  Yancton  tribe 

38175  of  Sioux  or  Dacotah  Indians,  viz  : 

38176  Pa-la-ne-a-jM-pe,  the  man  that  was  struck  by  the  Ree. 

38177  Ma-to-sa-be-c7ie-a,  the  smutty  bear. 

38178  Charles  F.  Picotte,  Eta-ke-cha, 

38179  Ta-tou-ka-?rete-co,  the  crazy  bull. 

38180  Pse-cha-wa-7^m,  the  jumping  thunder. 

38181  Ma  ra-7m-ton,  the  iron  horn. 

38182  Xornbe-kah-pah,  one  that  knocks  down  two. 

38183  Ta-ton-ka-e-?/rt7i-ka,  the  fast  bull. 

38184  A-7tfl-ka-?/m-ne,  the  walking  elk. 

38185  A-/ta-ka-na-zhe,  the  standing  elk. 

38186  A-7m-ka-ho-c7ie-cha,  the  elk  with  a  bad  voice. 

38187  Cha-ton-wo-frfl-pa,  the  grabbing  hawk. 

38188  E-ha-we-c7ta-sha,  the  owl  man. 

38189  Pl&'Son-wsi'lcan-na-gej  the  white  medicine  cow  that  stands. 

38190  Ma-ga-scha-c7ie-A*j,  the  little  white  swan. 

38191  Oke-t'7te-7a-wash-ta,  the  pretty  boy. 

38192  (The  three  last    names    signed   by  their    duly-authorized 

38193  agent  and  representative,  Charles  E.  Picotte,)  they  being  thereto 

38194  duly  authorized  and  empowered  by  said  trioe  of  Indians. 

38195  ARTICLE  1.  The  said  chiefs  and  delegates  of  said  tribe  of 

38196  Indians  do  hereby  cede  and  relinquish  to  the  United  States  all 

38197  the  lands  now  owned,  possessed,  or  claimed  by  them  wherever 

38198  situated,  except  four  hundred  thousand  acres  thereof  situated 

38199  and  described  as  follows,  to  wit :  Beginning  at  the  mouth  of  the 
8200  Xaw-izi-wa-koo-pah  or  Chouteau  Kiver  and  extending  up  the 

38201  Missouri  River  thirty  miles;    thence  due  north  to  a  point; 

8202  thence  easterly  to  a  point  on  the  said  Chouteau  River ;  thence 

8203  down  said  river  to  the  place  of  beginning,  so  as  to  include  the 
!04  said  quantity  of   four   hundred  thousand   acres.      They  also 
505  hereby  relinquish  and  abandon  all  claims  and  complaints  about 
106  or  growing  out  of  any  and  all  treaties  heretofore  made  by  them 
207  or  other  Indians,  except  their  annuity  rights  under  the  treaty  of 

38208  Laramie  of  September  17,  A,  D.  1851. 


857 

38209  N.  B.— This  treaty  of  Laramie  is  understood  not  to  "have  been 

38210  ratified,  and  is  not  in  print ;  it  is  given  at  the  end  of  the  volume. 

38211  ARTICLE  2.  The  laud    so  ceded  and   relinquished  by  the 

38212  said  chiefs   and   delegates   of   the  said   tribe   of  Yanctons  is 

38213  and  shall  be  known  and  described  as  follows,  to  wit : 

38214  "  Beginning    at    the    mouth    of    the  Tchan-kas-au-data  or 

38215  Calumet  or  Big   Sioux  River;  thence   up  the   Missouri  River 

38216  to  the  mouth  of   the  Pa-hah-wa-kan  or  East  Medicine  Knoll 

38217  River ;  thence  up  said  river  to  its  head  ;    thence  in  a  direc- 

38218  tion  to  the  head  of  the  main  fork  of  the  Wan-dush-kah-for  or 

38219  Snake  River;  thence  down  said  river  to  its  junction  with  the 

38220  Tchan-san-san  or  Jaques  or  James  River;    thence  in  a  direct 

38221  line  to  the  northern  point  of  Lake  Kampeska;  thence  along  the 

38222  northern  shore  of   said  lake  and  its  outlet  to  the  junction  of 

38223  said  outlet  with  the  said  Big  Sioux  River;  thence  down  the 

38224  Big  Sioux  River  to  its  junction  with  the  Missouri  River.-7 

38225  And  they  also  cede  and  relinquish  to  the  United  States  all 

38226  their  right  and  title  to  and  in  all  the  islands  of  the  Missouri 

38227  River,  from  the  mouth  of  the  Big  Sioux  to  the  mouth  of  the 

38228  Medicine  Knoll  River. 

38229  And  the  said  chiefs  and  delegates  hereby  stipulate  and  agree 

38230  that  all  the  lands  embraced  in  said  limits  are  their  own,  and 

38231  that  they  have  full  and  exclusive  right  to  cede  and  relinquish 

38232  the  same  to  the  United  States. 

38233  ARTICLE  3.  The  said  chiefs  and  delegates  hereby  further 

38234  stipulate  and  agree  that  the  United  States  may  construct  and 

38235  use  such  roads  as  may  be  hereafter  necessary  across  their  said  res- 

38236  ervation  by  the  consent  and  permission  of  the  Secretary  of  the  In- 

38237  terior,  and  by  first  paying  the  said  Indians  all  damages  and  the 

38238  fair  value  of  the  land  so  used  for  said  road  or  roads,  which  said 

38239  damages  and  value  shall  be  determined  in  such  manner  as  the 

38240  Secretary  of  the  Interior  may  direct.    And  the  said  Yanctons 

38241  hereby  agree  to  remove  and  settle  and  reside  on  said  reservation 

38242  within  one  year  from  this  date,  and,  until  they  do  so  remove, 

38243  (if  within  said  year,)  the  United  States  guarantee  them  in  the 

38244  quiet  and  undisturbed  possession  of  their  present  settlements. 

38245  ARTICLE  4.  In  consideration  of  the  foregoing  cession,  relin* 

38246  quishment,  and  agreements,  the  United  States  do  hereby  agree 

38247  and  stipulate  as  follows,  to  wit: 

38248  1st.  To  protect  the  said  Yauctons  in  the  quiet  and  peaceable 

38249  possession  of  the  said  tract  of  four  hundred  thousand  acres  of 

38250  land  so  reserved  for  their  future  home,  and  also  their  persons 

38251  and  property  thereon  during  good  behavior  on  their  part. 

38252  2d.  To  pay  to  them,  or  expend  for  their  benefit,  the  sum  of 

38253  sixty^five  thousand  dollars  per  annum,  for  ten  years,  coininene* 

38254  ing  with  the  year  in  which  they  shall  remove  to  and  settle  and 

108  I  T 


858 

33255  reside  upon  their  said  reservation  ;  forty  thousand  dollars  per 

38266  annum  for  and  during  ten  years  thereafter  5  twenty-five  thou- 

38^57  sand  dollars  per  annum  for  and  during  ten  years  thereafter ; 

38238  and  fifteen  thousand  dollars  per  annum  for  and  during  twenty 

38259  vears  thereafter ;  making  one  million  and  six  hundred  thousand 

3S2GO  dollars  in  annuities  in  the  period  of  fifty  years,  of  which  sums  the 

38261  President  of  the  United  States  shall,  from  time  to  time,  deter- 

382G2  mine  what  proportion  shall  be  paid   to  said  Indians  in  cash, 

382G3  and  what  proportion  shall  be  expended  for  their  benefit,  and  also 

3S2G4  in  what  manner  and  for  what  objects  such  expenditure  shall  be 

38265  made,  due  regard  being  had  in  making  such  determination  to 

382GG  the  best  interests  of  said  Indians.    He  shall  likewise  exercise 

382G7  the  power   to  make  such  provision  out  of    said  sums  as  he 

382G8  may  deem  to  be  necessary  and  proper  for  the  support  and  corn- 

382G9  fort  of  the  aged  or  infirm  and  helpless  orphans  of  the   said 

38270  Indians.    In  case  of  any  material  decrease  of  said  Indians  in 

38271  number  the  said  amounts  may,  in  the  discretion  of  the  Presi- 

38272  dent  of  the  United  States,  be  diminished  and  reduced  in  propor- 

38273  tion  thereto ;  or  they  may,  at  the  discretion  of  the  President  of 

38274  the  United  States,  be  discontinued  entirely,  should  said  Indians 

38275  fail  to  make  reasonable  and  satisfactory  efforts  to  advance  and 
3827G  improve  their  condition,  in  which  case  such  other  provisions 

38277  shall  be  made  for  them  as  the  President  and  Congress  may 

38278  judge  to  be  suitable  and  proper. 

38279  3d.  In  addition  to  the  foregoing  sum  of  one  million  and  six 

38280  hundred  thousand  dollars  as  annuities  to   be  paid  to  or  ex- 

38281  pended  for  the  benefit  of  said  Indians  during  the  period  of  fifty 

38282  years,  as  before  stated,  the  United  States  hereby  stipulate  and 

38283  agree  to  expend  for  their  benefit  the  sum  of  fifty  thousand  dol- 

38284  lars  more,  as  follows,  to  wit :  Twenty-five  thousand  dollars  in 

38285  maintaining  and  subsisting  the  said  Indians  during  the  first  year 
3828G  after  their  removal  to  and  permanent  settlement  upon  their  said 

38287  reservation,  in  the  purchase  of  stock,  agriculturalimplements,  or 

38288  other  articles  of  a  beneficial  character,  and  in  breaking  up  and 

38289  fencing  land;  in  the  erection  of  houses,  store-houses,  or  other 

38290  needful  buildings,  or  in  making  such  other  improvements  as 

38291  may  be  necessary  for  their  comfort  and  welfare. 

4th.  To  expend  ten  thousand  dollars  to  build  a  school-house 

!93  or  school-houses,  and  to  establish  and  maintain  one  or  more 

J94  normaMabor  schools  (so  far  as  said  sum  will  go)  for  the  educa- 

|95  tion  and  training  of  the  children  of  said  Indians  in  letters,  agri- 

|96  culture,  the  mechanics  arts,  and  housewifery,  which  school  or 

297  schools  shall  be  managed  and  conducted  in  such  manner  as  the 

Secretary  of  the  Interior  shall  direct,    The  said  Indians  hereby 

stipulating  to  keep  constantly  thereat  during  at  least  nine  months 

m  the  year,  all  their  children  between  the  ages  of  seven  and  eight- 


859 

38301  een  years ;  and  if  any  of  the  parents,  or  others  having  the  care  of 

38302  children,  shall  refuse  or  neglect  to  send  them  to  school,  such 

38303  parts  of  their  annuities  as  the  Secretary  of  the  Interior  may 

38304  direct,  shall  be  withheld  from  them  and  applied  as  he  may  deem 

38305  just  and  proper;  and  such  further  sum,  in  addition  to  the  said 

38306  ten  thousand  dollars,  as  shall  be  deemed  necessary  and  proper 

38307  by  the  President  of  the  United  States,  shall  be  reserved  and 

38308  taken  from  their  said  annuities  and  applied  annually  during 

38309  the  pleasure  of  the  President  to  the  support  of  said  schools,  and 

38310  to  furnish  said  Indians  with  assistance  and  aid  and  instruction 

38311  in  agricultural  and  mechanical  pursuits,  including  the  working 

38312  of  the  mills,  hereafter  mentioned,  as  the  Secretary  of  the  Inte- 

38313  rior  may  consider  necessary  and  advantageous  for  said  Indians ; 

38314  and  all  instruction  in  reading  shall  be  in  the  English  language. 

38315  And  the  said  Indians  hereby  stipulate  to  furnish  from  amongst 

38316  themselves  the  number  of  young  men  that  may  be  required  as  ap- 

38317  prentices  and  assistants  in  the  mills  and  mechanic  shops,  and  at 

38318  least  three  persons  to  work  constantly  with  each  white  laborer  em- 

38319  ployed  for  them  in  agriculture  and  mechanical  pursuits,  it  being 

38320  understood  that  such  white  laborers  and  assistants  as  may  be 

38321  so  employed  are  thus  employed  more  for  the  instruction  of  the 

38322  said  Indians  than  merely  to  work  for  their  benefit ;  and  that 

38323  the  laborers  so  to  be  furnished  by  the  Indians  may  be  allowed 

38324  a  fair  and  just  compensation  for  their  services,  to  be  fixed  by 

38325  the  Secretary  of  the  Interior,  and  to  be  paid  out  of  the  shares 

38326  of  annuity  of  such  Indians  >s  are  able  to  work  but  refuse  or 

38327  neglect  to  do  so.    And  whenever  the  President  of  the  United 

38328  States  shall  become  satisfied  of  a  failure  on  the  part  of  said  In- 

38329  dians  to  fulfil  the  aforesaid  stipulations  he  may,  at  his  discre- 

38330  tion,  discontinue  the  allowance  and  expenditure  of  the  sums  so 

38331  provided  and  set  apart  for  said  school  or  schools  and  assistance 

38332  and  instruction. 

38333  5th.  To  provide  the  said  Indians  with  a  mill  suitable  for 

38334  grinding  grain  and  sawing  timber ;  one  or  more  mechanic  shops? 

38335  with  the  necessary  tools  for  the  same;  and  dwelling-houses  for 

38336  an  interpreter,  miller,  engineer  for  the  mill,  (if  one  be  necessary,) 

38337  a  farmer,  and  the  mechanics  that  may  be  employed  for  their 

38338  benefit,  and  to  expend  therefor  a  sum  not  exceeding  fifteen  thou- 

38339  sand  dollars. 

38340  ARTICLE  5.  Said  Indians  further  stipulate  and  bind  thein- 

38341  selves  to  prevent  any  of  the  members  of  their  tribe  from  destroy  - 

38342  ing  or  injuring  the  said  houses,  shops,  mills,  machinery,  stock, 

38343  farming-utensils,  or  any  other  thing  furnished  them  by  the  Gov- 

38344  ernment,  and  in  case  of  any  such  destruction  or  injury  of  any  of 

38345  the  things  so  furnished,  or  their  being  carried  off  by  any  member 

38346  or  members  of  their  tribe,  the  value  of  the  same  shall  be  deducted 


860 

18347  from  their  general  annuity  5  and  whenever  the  Secretary  of  the 

•8348  Interior  shall  be  satisfied  that  said  Indians  have  become  suffi- 

38349  cieutly  confirmed  in  habits  of  industry  and  advanced  in  the  ac- 

38350  quisition  of  a  practical  knowledge  of  agriculture  and  the  mechanic 

38351  arts  to  provide  for  themselves,  he  may,  at  his  discretion,  cause 

38352  to  be  turned  over  to  them  all  of  the  said  houses  and  other  prop- 

38353  erty  furnished  them  by  the  United  States,  and  dispense  with  the 

38354  services  of  any  or  all  persons  hereinbefore  stipulated  to  be  em- 

38355  ployed  for  their  benefit,  assistance,  and  instruction. 

38356  ARTICLE  6.   It  is  hereby  agreed  and  understood  that  the 

38357  chiefs  and  head-men  of  said  tribe  may,  at  their  discretion,  in  open 

38358  council,  authorize  to  be  paid  out  of  their  said  annuities  such  a  sum 

38359  or  sums  as  may  be  found  to  be  necessary  and  proper,  not  exceeding 

38360  in  the  aggregate  one  hundred  and  fifty  thousand  dollars,  to  satisfy 

38361  their  just  debts  and  obligations,  and  to  provide  for  such  of  their 

38362  half-breed  relations  as  do  not  live  with  them,  or  draw  any  part  of 

38363  the  said  annuities  of  said  Indians :  Provided,  lioicever,  That  their 

38364  said  determinations  shall  be  approved  by  their  agent  for  the  time 

38365  being  and  the  said  payments  authorized  by  the  Secretary  of  the 

38366  Interior:  Provided,  also,  That  there  shall  not  be  so  paid  out  of 

38367  their  said  annuities  in  any  one  year  a  sum  exceeding  fifteen 

38368  thousand  dollars. 

38369  ARTICLE  7.  On  account  of  their  valuable  services  and  lib, 
33370  erality  to  the  Yanctons,  there  shall  be  granted  in  fee  to  Charles 

38371  F.  Picotte  and  Zephyr  Rencontre,  each,  one  section  of  six  hun* 

38372  dred  and  forty  acres  of  land ;  and  to  Paul  Dorian  one-half  a  sec* 

38373  tiou ;  and  to  the  half-breed  Yancton,  wife  of  Charles  Beulo,  and 

38374  her  two  sisters,  the  wives  of  Eli  Bedaud  and  Augustus  Traverse, 

38375  and  to  Louis  Le  Count,  each,  one-half  a  section.    The  said  grants 

38376  shall  be  selected  in  said  ceded  territory,  and  shall  not  be  within 

38377  said  reservation,  nor  shall  they  interfere  in  any  way  with  the 

38378  improvements  of  such  persons  as  are  on  the  lands  ceded  above 

38379  by  authority  of  law  ;  and  all  other  persons  (other  than  Indians 

38380  or  mixed-bloods)  who  are  now  residing  within  said  ceded  coun- 

38381  try,  by  authority  of  law,  shall  have  the  privilege  of  entering 
33382  one  hundred  and  sixty  acres  thereof,  to  include  each,  of  their 

38383  residences  or  improvements,  at   the  rate    of  one    dollar  and 

38384  twenty -five  cents  per  acre. 

ARTICLE  8.  The  said  Yaucton  Indians  shall  be  secured  in 

38386  the  free  and  unrestricted  use  of  the  red  pipe-stone  quarry,  or 

S387  so  much  thereof  as  they  have  been  accustomed  to  frequent  and 

*388  use  for  the  purpose  of  procuring  stone  for  pipes  5  and  the  United 

|89  States  hereby  stipulate  and  agree  to  cause  to  be  surveyed  and 

33390  marked  so  much  thereof  as  shall  be  necessary  and  proper  for 

38391  that  purpose,  and  retain  the  same  and  keep  it  open  and  free  to 


861 

38392  the  Indians  to  visit  and  procure  stone  for  pipes  so  long  as  they 

38303  shall  desire, 

38394  ARTICLE  9.  The  United  States  shall  have  the  right  to  estab- 

38395  lish  and  maintain  such  military  posts,  roads,  and  Indian  agen- 

38396  cies  as  may  be  deemed  necessary  within  the  tract  of  country 

38397  herein  reserved  for  the  use  of  the  Yauctons ;  but  no  greater 

38398  quantity  of  land  or  timber  shall  be  used  for  said  purposes  than 

38399  shall  be  actually  requisite ;    and  if,  in  the   establishment   or 

38400  maintenance  of  such  posts,  roads,  and  agencies  the  property  of 

38401  any  Yancton  shall  be  taken,  injured,  or  destroyed,  just  and 

38402  adequate  compensation  shall  be  made  therefor  by  the  United 

38403  States. 

38404  ARTICLE  10.  No  white  person,  unless  in  the  employment  of 

38405  the  United  States,  or  duly  licensed  to  trade  with  the  Yanctons, 

38406  or  members  of  the  families  of  such  persons,  shall  be  permitted 

38407  to  reside  or  make  any  settlement  upon  any  part  of  the  tract 

38408  herein  reserved  for  said  Indians,  nor  shall  said  Indians  alienate, 

38409  sell,  or  in  any  manner  dispose  of  any  portion  thereof  except  to 

38410  the  United  States.   Whenever  the  Secretary  of  the  Interior  shall 

38411  direct,  said  tract  shall  be  surveyed  and  divided  as  he  shall  think 

38412  proper  among  said  Indians,  so  as  to  give  to  each  head  of  a  fam- 

38413  ily  or  single  person  a  separate  farm,  with  such  rights  of  posses- 

38414  sion  or  transfer  to  any  other  member  of  the  tribe  or  of  descent 

38415  to  their  heirs  and  representatives  as  he  may  deem  just. 

38416  ARTICLE  11.  The  Yanctons  acknowledge  their  dependence 

38417  upon  the  Government  of  the  United  States,  and  do  hereby 

38418  pledge  and  bind  themselves  to  preserve  friendly  relations  with 

38419  the  citizens  thereof,  and  to  commit  no  injuries  or  depredations 

38420  on  their  persons  or  property,  nor  on  those  of  members  of  any 

38421  other  tribe  or  nation  of  of  Indians ;  and  in  case  of  any  such  iu- 

38422  juries  or  depredations    by  said  Yanctous,  full  compensation 

38423  shall,  as  far  as  possible,  be  made  therefor  out  of  their  tribal  an- 

38424  unities,  the  amount  in  all  cases  to  be  determined  by  the  Secre- 

38425  tary  of  the  Interior.    They  further  pledge  themselves  not  to 

38426  engage  in  hostilities  with  any  other  tribe  or  nation,  unless  in 

38427  self-defence,  but  to  submit,  through  their  agent,  all  matters  of 

38428  dispute  and  difficulty  between  themselves  and  other  Indians  for 

38429  the  decision  of  the  President  of  the  United  States,  and  to  acqui- 

38430  esce  in  and  abide  thereby.    They  also  agree  to  deliver  to  the 

38431  proper  officer  of  the  United  States  all  offenders  against  the 

38432  treaties,  laws,  or  regulations  of  the  United  States,  and  to  assist 

38433  in  discovering,  pursuing,  and  capturing  all  such  offenders  who 

38434  may  be  within  the  limits  of  their  reservation  whenever  required 

38435  to  do  so  by  such  officer. 

38436  ARTICLE  12.  To  aid  in  preventing  the  evils  of  intemperance, 

38437  it  is  hereby  stipulated  that  if  any  of  the  Yanctons  shall  drink, 


862 

38438  or  procure  for  others,  intoxicating  liquor,  their  proportion  of  the 

38439  tribal  annuities  shall  be  withheld  from  them  for  at  least  one  year  ; 

38440  and  for  a  violation  of  any  of  the  stipulations  of  this  agreement 

38441  on  the  part  of  the  Yanctoiis,  they  shall  be  liable  to  have  their 

38442  annuities  withheld,  in  whole  or  in  part,  and  for  such  length  of 

38443  time  as  the  President  of  the  United  States  shall  direct. 

38444  ARTICLE  13.  N o  part  of  the  annuities  of  the  Yanctons  shall 

38445  be  taken  to  pay  any  debts,  claims,  or  demands  against  them, 
3844G  except  such  existing  claims  and  demands  as  have  been  herein 

38447  provided  for,  and  except  such  as  may  arise  under  this  agree- 

38448  uient,  or  under  the  trade  and  intercourse  laws  of  the  United 

38449  States. 

38450  ARTICLE  14.  The  said  Yanctons  do  hereby  fully  acquit  and 

38451  release  the  United  States  from  all  demands  against  them  on  the 

38452  part  of  said  tribe,  or  any  individual  thereof,  except  the  before- 

38453  mentioned  right  of  the  Yanctons  to  receive  an  annuity  under 

38454  said  treaty  of  Laramie,  and  except,  also,  such  as  are  herein  stip- 

38455  ulated  and  provided  for. 

38456  ARTICLE  15.  For  the  special  benefit  of  the  Yanctons,  parties 

38457  to  this  agreement,  the  United  States  agree  to  appoint  an  agent 

38458  for  them,  who  shall  reside  on  their  said  reservation,  and  shall 

38459  have  set  apart  for  his  sole  use  and  occupation,  at  such  a  point 

38460  as  the  Secretary  of  the  Interior  may  direct,  one  hundred  and 

38461  sixty  acres  of  land. 

38462  ARTICLE  16.  All  the  expenses  of  the  making  of  this  agree 

38463  ment,  and  of  surveying  the  said  Yanctou  reservation,  and  of 

38464  surveying  and  marking  said  pipe-stone  quarry,  shall  be  paid  by 

38465  the  United  States. 

38466  ARTICLE  17.  This  instrument  shall  take  eftect  and  be  obli- 

38467  gatory  upon  the  contracting  parties  whenever  ratified  by  the 

38468  Senate  and  the  President  of  the  United  States. 

38469  Proclaimed  February  26,  1859. 


38470  SIOUX—YANKTONAI  BAND. 

38471  Treaty  between  the  United  States  of  America  and  the  YanJctonai 

38472  land  of  Dakota  or  Sioux  Indians,  concluded  October  20, 1865 ; 

38473  ratification  advised,  icith  amendment,  March  5,  1866. 

$474    ANDREW  JOHNSON,  President  of  the  United  States  of  America, 
to  all  and  singular  to  whom  these  presents  shall  come, 
38476  greeting: 

Whereas  a  treaty  was  made  and  concluded  at  Fort  Sully, 
3478    in  the  Territory  of  Dakota,  on  the  twentieth  day  of  October,  in 


863 

38479  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty-five, 

38480  by  and  between  Newton  Edmunds,  Edward  B.  Taylor,  Major- 

38481  General  S.  K.  Curtis,  Brigadier-General  H.  H.  Sibley,  Henry 

38482  W.  Eeed,  and  Orrin  Guernsey,  commissioners  on  the  part  of 

38483  the  United  States,  and  M'Doka,  (the  Buck,)  Mah-to-wak-kouah, 

38484  (He  that  runs  the  Bear,)  and  other  chiefs  and  head-men  of  the 

38485  Yanktonai  band  of  Dakota  or  Sioux  Indians,  on  the  part  of  said 

38486  band  of  Indians,  and  duly  authorized  thereto  by  them,  which 

38487  treaty  is  in  the  words  and  figures  following,  to  wit : 

38488  Articles  of  a  treaty  made  and  concluded  at  Fort  Sully,  in  the 

38489  Territory  of  Dakota,  by  and  between  Newton  Edmunds, 

38490  governor  and  ex-officio  superintendent  of  Indian  affairs  of 

38491  Dakota  Territory,  Edward  B.  Taylor,  superintendent  of  In- 

38492  dian  affairs  for  the  northern  superiii tendency,  Major  General 

38493  S.  E.  Curtis,  Brigadier-General  H.  H.  Sibley,  Henry  W. 

38494  Reed,  and  Orrin  Guernsey,  commissioners  on  the  part  of 

38495  the  United  States,  duly  appointed  by  the  President,  and 

38496  the  undersigned  chiefs  and  head-men  of  the  Yanktonai  band 

38497  of  Dakota  or  Sioux  Indians. 

38498  ARTICLE  1.  The  Yauktonai  band  of  Dakota  or  Sioux  In- 

38499  dians,  represented  in  council,  hereby  acknowledge  themselves 

38500  to  be  subject  to  the  exclusive  jurisdiction  and  authority  of  the 

38501  United  States,  and  hereby  obligate  and  bind  themselves,  indi- 

38502  vidnally  and  collectively,  not  only  to  cease  all  hostilities  against 

38503  the  persons  and  property  of  its  citizens,  but  to  use  their  influ- 

38504  ence,  and,  if  requisite,  physical  force,  to  prevent  other  bands 

38505  of  Dakota  Indians,  or  other  adjacent  tribes,  from  making  hostile 

38506  demonstrations  against  the  Government  or  people  of  the  United 

38507  States. 

38508  ARTICLE  2.  Inasmuch  as  the  Government  of  the  United 

38509  States  is  desirous  to  arrest  the  effusion  of  blood  between  the 

38510  Indian  tribes  within  its  jurisdiction  hitherto  at  war  with  each 

38511  other,  the  Yanktonai  band  of  Dakota  or  Sioux  Indians,  repre- 

38512  sented  in  council,  anxious  to  respect  the  wishes  of  the  Govern- 

38513  ineiit,  hereby  agree  to  discontinue  for  the  future  all  attacks  upon 

38514  the  persons  or  property  of  other  tribes,  unless  first  attacked  by 

38515  them,  and  to  use  their  influence  to  promote  peace  everywhere  in 

38516  the  region  occupied  or  frequented  by  them. 

38517  ARTICLE  3.  All  controversies  or  differences  arising  between 

38518  the  Yanktonai  band  of  Dakota  or  Sioux  Indians,  represented  in 
'38519  council,  and  other  tribes  of  Indians,  involving  the  question  of 

38520  peace  or  war,  shall  be  submitted  for  the  arbitrament  of  the 

38521  President,  or  such  person  or  persons  as  may  be  designated  by 

38522  him,  and  the  decision  or  award  shall  be  faithfully  observed  by 

38523  the  said  band  represented  in  council. 

38524  ARTICLE  4.  The  said  band,  represented  in  council)  shall 


864 

38525  withdraw  from  the  routes  overland  already  established,  or  here- 

38526  after  to  be  established,  through  their  country;  and,  in  considera- 

38527  tion  thereof,  the  Government  of  the  United  States  agree  to  pay 

38528  the  said  band  the  sum  of  thirty  dollars  for  each  lodge  or  family, 
38520  annually,  for  twenty  years,  in  such  articles  as  the  Secretary  of 

38530  the  Interior  may  direct :  Provided,  That  said  band,  so  repre- 

38531  sen  ted  in  council,  shall  faithfully  conform  to  the  requirements  of 

38532  this  treaty. 

38533  .         ARTICLE  5.  Should  any  individual  or  individuals,  or  portion 
3S534  of  the  band  of  the  Yauktonai  baud  of  Dakota  or  Sioux  Indians, 
38535  represented  in  council,  desire  hereafter  to  locate  permanently 
3853G  upon  any  land  claimed  by  said  band  for  the  purposes  of  agricul- 

38537  tural  or  other  similar  pursuits,  it  is  hereby  agreed  by  the  parties 

38538  to  to  this  treaty  that  such  individuals  shall  be  protected  in  such 

38539  location  against  any  annoyance  or  molestation  on  the  part  of 

38540  whites  or  Indians;  and  whenever  twenty  lodges  or  families  of 

38541  the  Yanktonai  band  shall  have  located  on  lands  for  agricultural 

38542  purposes,  and  signified  the  same  to  their  agents  or  superintend* 

38543  ent,  they,  as  well  as  other  families  so  locating,  shall  receive  the 

38544  sum  of  twenty-five  dollars,  annually,  for  five  years,  for  each 

38545  family,  in  agricultural  implements  and  improvements  ;  and  when 

38546  one  hundred  lodges  or  families  shall  have  so  engaged  in  agricul- 

38547  tural  pursuits  they  sliall  be  entitled  to  a  farmer  and  blacksmith, 

38548  at  the  expense  of  the  Government,  as  also  teachers,  at  the 

38549  option  of  the  Secretary  of  the  Interior,  whenever  deemed  neces 

38550  sary. 

38551  ARTICLE  6.  Any  amendment  or  modification  of  this  treaty 

38552  by  the  Senate  of  the  United  States  shall  be  considered  final  and 

38553  binding  upon  the  said  band,  represented  in  council,  as  a  part  of 

38554  this  treaty,  in  the  same  manner  as  if  it  had  been  subsequently 

38555  presented  and  agreed  to  by  the  chiefs  and  head-men  of  said 

38556  band. 

38557  Proclaimed  March  17,  1866. 


SIOUX-UPPER  YANKTONAI  BAND. 

>8559  Treaty  between  the  United  States  of  America  and  the  Upper  Yank- 
tonais  band  of  Daltota  or  Sioux  Indians,  concluded  October 
28, 1865 ;  ratification  advised,  with  amendment,  March  5, 1866; 
proclaimed  March  17,  1866. 

ANDREW   JOHNSON,  President  of   the    United  States  of 
America,  to  all  and  singular  to  whom  these  presents  shall  come, 
^8060    greeting : 

Whereas  a  treaty  was  made  and  concluded  at  Fort  Sully,  in 


865 

38567  the  Territory  of  Dakota,  on  the  twenty-eighth  day  of  October, 

38568  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 
38560  five,  by  and  between  Newton  Edmunds,  Edward  B.  Taylor,  Ma- 

38570  jor  General  S.  R.  Curtis,  Brigadier-General  H.  H.  Sibley,  Henry 

38571  W.  Eeed,  and  Orrin  Guernsey,  commissioners  on  the  part  of  the 
33572  United   States,  and  Na-su  la-tan-ka,  (Big  Head,)  Na-pa-tan-ka, 

38573  (Big  Hand,)  and  other  chiefs  and  head-men  of  the  Upper  Yank- 

38574  tonais  band  of  Dakota  or  Sioux  Indians,  on  the  part  of  said  band 

38575  of  Indians,  and  duly  authorized  thereto  by  them,  which  treaty 

38576  is  in  the  words  and  figures  following,  to  wit : 

38577  Articles  of  a  treaty  made  and  concluded  at  Fort  Sully,  in  the 

38578  Territory  of  Dakota,  by  and  between  Newton  Edmunds,  gov- 

38579  ernor  and  ex-officio  superintendent  of  Indian  affairs  of  Da- 

38580  kota  Territory,  Edward  B.  Taylor,  superintendent  of  Indian 

38581  affairs  for  the  northern  superin tendency,  Major-General  S- 

38582  II.  Curtis,  Brigadier-General  H.  H.  Sibley,  Henry  W.  Eeed, 

38583  and  Orrin  Guernsey,  commissioners  on  the  part  of  the  United 

38584  States,  duly  appointed  by  the  President  and  the  undersigned 

38585  chiefs  and  head-men  of  the  Upper  Yauktouais  band  of  Dakota 

38586  or  Sioux  Indians. 

38587  ARTICLE  1.   The  Upper  Yanktonais  baud  of  Dakota  or 

38588  Sioux  Indians,  represented  in  council,  hereby  acknowledge  them- 

38589  selves  to  be  subject  to  the  exclusive  jurisdiction  and  authority 
3S590  of  the  United  States,  and  hereby  .obligate  and  bind  themselves 

38591  individually  and  collectively  not   only  to  cease   all  hostilities 

38592  against  the  persons  and  property  of  its  citizens,  but  to  use  their 

38593  influence,  and,  if  necessary,  physical   force,  to   prevent   other 

38594  bands  of  the  Dakota  Indians,  or   other  adjacent   tribes,  from 

38595  making  hostile    demonstrations  against    the   Government    or 

38596  people  of  the  United  States. 

38597  ARTICLE  2.   Inasmuch  as  the  Government  of  the  United 

38598  States  is  desirous  to  arrest  the  effusion  of  blood  between  the 

38599  Indian  tribes  within  its  jurisdiction  hitherto  at  war  with  each 

38600  other,  the  Upper  Yanktonais  band  of  Dakota  or  Sioux  Indians, 

38601  represented  in  council,  anxious  to  respect  the  wishes  of  the  Gov- 

38602  eminent,  hereby  agree  to  discontinue  for  the  future  all  attacks 

38603  upon  the  persons  or  property  of  other  tribes,  unless  first  attacked 

38604  by  them,  and  to  use  their  influence  to  promote  peace  everywhere 

38605  in  the  region  occupied  or  frequented  by  them. 

38606  ARTICLE  3.  All  controversies  or  differenses  arising  between 

38607  the  Upper  Yanktonais  band  of  Dakota  or  Sioux  Indians,  repre- 

38608  sented  in  council,  and  other  tribes  of  Indians,  involving  the 

38609  question  of  peace  or  war,  shall  be  submitted  for  the  arbitrament 
3 S3 10  of  the  President,  or  such  person  or  persons  as  may  be  designated 

38611  by  him,  and  the  decision  or  award  faithfully  observed  by  the  said 

38612  band  represented  in  council. 

109  I  T 


866 

38613  ARTICLE  4.  The  said  band  represented  in  council  shall  with- 

38614  draw  from  the  routes  overland  already  established,  or  hereafter 

38615  to  be  established,  through  their  country;  and  in  consideration 

38616  thereof,  and  of  their  non-interference  with  the  persons  and  pro- 

38617  perty  of  citizens  of  the  United  States  travelling  thereon,  the 

38618  Government  of  the  United  States  agree  to  pay  the  said  band  the 

38619  sum  often  thousand  dollars,  annually,  for  twenty  years,  in  such 

38620  articles  as  the  Secretary  of  the  Interior  may  direct :  Provided, 

38621  That  said  band  so  represented  in  council  shall  faithfully  conform 

38622  to  the  requirements  of  this  treaty. 

38623  ARTICLE  5.  Should  any  individual  or  individuals,  or  portion 

38624  of  the  band  of  the  Upper  Yanktouais  band  of  Dakota  or  Sioux 

38625  Indians,  represented  in  council,  desire  hereafter  to"  locate  per- 

38626  mauently  upon  any  land  claimed  by  said  baud  for  the  purposes  of 

38627  agricultural  or  other  similar  pursuits,  it  is  hereby  agreed  by  the 

38628  parties  to  this  treaty  that  said  individuals  shall  be  protected  in 

38629  such  location  against  any  annoyance  or  molestation  on  the  part 

38630  of  whites  or  Indians;  and  whenever  twenty  lodges  or  families  of 

38631  the  Upper  Yanktonais  baud  shall  have  located  on  laud  for  agri- 

38632  cultural  purposes,  and  signified  the  same  to  their  agent  or  super- 

38633  intendeutj  they,  as  well  as  other  families  so  locating,  shall  receive 

38634  the  sum  of  twenty -five  dollars  annually,  for  five  years,  for  each 

38635  family,  in  agricultural  implements  and  improvements ;  and  when 

38636  one  hundred  lodges  or  families  shall  have  so  engaged  in  agricul- 

38637  tural  pursuits  they  shall  be  entitled  to  a  farmer  and  blacksmith, 

38638  at  the  expense  of  the  Government,  as  also  teachers,  at  the  option 

38639  of  the  Secretary  of  the  Interior,  w[h]enever  deemed  necessary. 

38640  ARTICLE  6.  Any  amendment  or  modification  of  this  treaty 

38641  by  the  Senate  of  the  United  States  shall  be  considered  final  and 

38642  binding  upon  the  said  band,  represented  in  council,  as  a  part  of 

38643  this  treaty,  in  the  same  manner  as  if  it  had  been  subsequently 

38644  presented  and  agreed  to  by  the  chiefs  and  head-men  of  said  band. 

38645  Proclaimed  March  17,  1868. 


38646  SIOUX—  YANKTONS,     TIilTONS,     AND      YANCTONIES 

38647  .  BANDS. 


38648  Treaty  with  the  Teton,  Yancton,  and  Yanctonies  bands  of  the  Sioux 

38649  tribe  of  Indians. 

38650  For  the  purposes  of  perpetuating  the  friendship  which  has 
18651  heretofore  existed,  as  also  to  remove  all  future  cause  of  discus- 

>652  sion  or  dissention,  as  it  respects  trade  and  friendship  between 

S653  the  United  States  and  their  citizens,  and  the  Teton,  Yancton, 

3S654  and  Yanctonies  bands  of  the  Sioux  tribe  of  Indians,  the  Presi- 


867 

38655  dent  of  the  United  States  of  America,  by  Brigadier-General 

38656  Henry  Atkinson,  of  the  United  States  Army,  and  Major  Benja- 

38657  rain  O'Fallon,  Indian  agent,  with  full  powers  and  authority, 

38658  specially  appointed  and  commissioned  for  that  purpose,  of  the 

38659  one  part,  and  the  undersignedjchiefs,  head-men,  and  warriors  of 

38660  the  Teton,  Yancton,  and  Yanctonies  band  of  the  Sioux  tribe  of  In* 

38661  diaus,  on  behalf  of  said  bauds  or  tribe,  of  the  other  part,  have 

38662  made  and  entered  into  the  following  articles  and  conditions, 

38663  which,  when  ratified  by  the  President  of  the  United  States,  by 

38664  and  with  the  advice  and  consent  of  the  Senate,  shall  be  binding 

38665  on  both  parties,  to  wit : 

38666  ARTICLE  1.  It  is  admitted   by  the   Teton,  Yancton,  and 

38667  Yanctonies  band  of  Sioux  Indians,  that  they  reside  within  the 

38668  territorial  limits  of  the  United  States,  acknowledge  their  suprem- 

38669  acy,  and  claim  their  protection.     The  said  bands  also  admit 

38670  the  right  of  the  United  States  to  regulate  all  trade  and  inter- 

38671  course  with  them. 

38672  ARTICLE  2.  The  United  States  agree  to  receive  the  said 

38673  Teton,  Yancton,  and  Yanctonies  bands  of  Sioux  Indians  into 

38674  their  friendship,  and  under  their  protection,  and  to  extend  to 

38675  them,  from  time  to  time,  such  benefits  and  acts  of  kindness  as 

38676  may  be  convenient,  and  seem  just  and  proper  to  the  President 

38677  of  the  United  States. 

38678  ARTICLE  3.  All  the  trade  and  intercourse  with  the  Teton, 

38679  Yancton,  and  Yanctonies  bands  shall   be  transacted  at  such 

38680  place  or  places  as  may  be  designated  and  pointed  out  by  the  Pres. 

38681  ident  of  the  United  States,  through   his  agents ;  and  none  but 

38682  American  citizens,  duly  authorized  by  the  United  States,  shall 

38683  be  admitted  to  trade  or  hold  intercourse  with  said  bands  of  In 

38684  diaus. 

38685  ARTICLE  4.  That  the  Teton,  Yaucton,  and  Yanctonies  bands 

38686  may  be  accommodated   with  such  articles  of  merchandize,  &c., 

38687  as  their  necessities  may  demand,  the  United  States  agree  to  ad- 

38688  mit  and  license  traders  to  hold  intercourse  with  said  tribes  or 

38689  bands,  under  mild  and  equitable  regulations ;  in  consideration 

38690  of  which,  the  Teton,  Yanctou,  and  Yanctonies  bands  bind  them- 

38691  selves  to  extend  protection  to  the  persons  and  property  of  the 

38692  traders,  and  the  persons  legally  employed  under  them,  whilst 

38693  they  remain  within  the  limits  of   their  particular  district  of 

38694  country.     And  the  said  Teton,  Yancton,  and  Yanctonies  bands 

38695  further  agree,  that  if  any  foreigner  or  other  person  not  legally 

38696  authorized  by  the  United  States,  shall  come  into  their  district 

38697  of  country  for  the  purposes  of  trade  or  other  views,  they  will  ap- 

38698  prehend  such  person  or  persons,  and  deliver  him  or  them  to 

38699  some  United  States  superintendent  or  agent  of  Indian  affairs,  or 

38700  to  the  nearest  military  post,  to  be  dealt  with  according  to  law. 


868 

38701  And  they  further  agree  to  give  safe  conduct  to  all  persons  who 

38702  may  be  legally  authorized  by  the  United  States  to  pass  through 
33703  their  country ;  and  to  protect,  in  their  persons  and  property,  all 

38704  agents  or  other  persons  sent  by  the  United  States  to  reside  tetn- 

38705  porarily  among  them. 

38706  ARTICLE  5.  That  the  friendship  which  is  now  established 

38707  between  the  United  States  and   the  Teton,  Yancton,  and  Yanc- 

38708  tonies  bands  should  not  be  interrupted  by  the  misconduct  of 

38709  individuals,    it    is   hereby  agreed    that    for   injuries    done    by 

38710  individuals,  no  private  revenge  or  retaliation  shall  take  place, 
387L1  but  instead  thereof,  complaints  shall  be  made  by  the  party  in- 

38712  jured  to  the  superintendent  or  agent  of  Indian  affairs,  or  other 

38713  person  appointed  by  the  President;  and  it  shall  be  the  duty^of 

38714  the  said  chiefs,  upon  complaint  being  made  as  aforesaid,  to 

38715  deliver  up  the  person  or  persons  against  whom  the  complaint  is 
3871G  made,  to  the  end  that  he  or  they  may  be  punished  agreeably  to 

38717  the  laws  of  the  United  States.     And,  in  like  manner,  if  any 

38718  robbery,  violence,  or  murder,  shall  be  committed  on  any  Indian 

38719  or  Indians  belonging  to  said  bands,  the  person  or  persons  so 

38720  offending  shtill  be  tried,  and,?if  found  guilty,  shall  be  punished 

38721  in  like  manner  as  if  the  injury  had  been  dime  to  a  white  man. 

38722  And  it  is  agreed  that  the  chiefs  of  the  said  Teton,  Yancton,  and 

38723  Yanctonies  bands  shall,  to  the  utmost  of  their  power,  exert 

38724  themselves  to  recover  horses  or  other  property   which  may  be 

38725  stolen  or  taken  from  any  citizen  or  citizens  of  the  United  States 
38720  by  any  individual  or  individuals  of  said  bands;  and  the  prop- 
.">S727  erty  so  recovered  shall  be  forthwith  delivered  to  the  agents,  or 

38728  other  person  authorized  to  receive  it,  that  it  may  be  restored  to 

38729  the  proper  owner.     And  the  United  States  hereby  guaranty  'to 

38730  any  Indian  or  Indians  of  said  bands  a  full  indemnification  for 

38731  any  horses  or  other  property  which  may  be  stolen  from  them  by 

38732  any  of  their  citizens:  Provided,  That  the  property  so  stolen 

38733  cannot  be  recovered,  and  that  sufficient  proof  is  produced  that 

38734  it  was  actually  stolen  by  a  citizen  of  the   United  States.     And 

38735  the  said  Teton,  Yancton,  and  Yanctonies  bauds  engage,  on  the 
3S73G  requisition  or  demand  of  the  President  of  the  United  States,  or 

38737  of  the  agents,  to  deliver  up  any  white  man  resident  among 

38738  them. 

ARTICLE  G.    And  the  chiefs  and  warriors,  as  aforesaid, 

38740  promise  and  engage  their  band  or  tribe  will  never,  by  sale,  ex- 

••S711  change,  or  as  presents,  supply  any  nation  or  tribe  of  Indians, 

not  in  amity  with  the  United  States,  with  guns,  ammunition,  or 

38743  other  implements  of  war. 

38744  Proclaimed  February  G,  1826. 


869 


38745 


SIOUX  OF  THE  RIVER  ST.  PETER'S. 


38746  A  treaty  of  peace  and  friendship  made  and  concluded  between  Will- 

38747  iam  Clark,  A/inian  Edwards,  and  Auguste  Chouteau,  commis- 

38748  sioners  plenipotentiary  of  the  United  States  of  America,  on  the 

38749  part  and  behalf  of  the  said  States,  of  the  one  part,  and  the  chiefs 

38750  and  icarriors  of  th3  Siouxs  of  the  river  St.  Peter's  on  the  part 

38751  and  behalf  of  their  said  tribe,  on  the  other  part. 

38752  The  parties  being  desirous  of  re-establishing  peace  and 

38753  friendship  between  the  United  States  and  the  said  tribe,  and  of 

38754  being-  placed  in  all  things  and  in  every  respect  on  the  same  foot- 

38755  ing  upon  which  they  stood  before  the  late  war  between  the 
3875G  United  States  and  Great  Britain,  have  agreed  to  the  following 

38757  articles : 

38758  ARTICLE  1.  Every  injury  or  act  of  hostility  committed  by 

38759  one  or  either  of  the  contracting  parties  against  the  other  shall 

38760  be  mutually  forgiven  and  forgot. 

387G1  ARTICLE  2.  There  shall  be  perpetual  peace  and  friendship 

38762  between  all  the  citizens  of  the  United  States  of  America  and  all 

38763  the  individuals  composing  the  tribe  of  Siouxs  of  the  river  St. 

38764  Peter's ;  and  all  the  friendly  relations  that  existed  between  them 

38765  before  the  war  shall  be,  and  the  same  are  hereby,  renewed. 

38766  ARTICLE  3.  The  undersigned  chiefs  and  warriors,  for  them- 

38767  selves  and  their  said  tribe,  do  hereby  acknowledge  themselves 

38768  and  their  tribe  to  be  under  the  protection  of  the  United  States, 

38769  and  of  no  other  power,  nation,  or  sovereign  whatsoever. 

38770  Ratified  December  26, 1815. 


38771 


SIOUX  OF  THE  LAKES. 


38772  A  treaty  of  peace  and  friendship  made  and  concluded  between  Will- 

38773  iam  Clark,  Ninian  Edicards,  and  Auguste  Chouteau,  commis- 

38774  sioners  plenipotentiary  of  the  United  States  of  America,  on  the 

38775  part  and  behalf  of  the  said  States,  of  the  one  part,  and  the  un- 

38776  der  signed  chiefs  and  warriors  of  the  Siouxs  of  the  lakes,  on  the 

38777  part  and  behalf  of  their  tribe,  of  the  other  part. 

38778  The  parties  being  desirous  of  re-establishing  peace  and 

38779  friendship  between  the  United  States  and  the  said  tribe,  and  of 

38780  being  placed  in  all  things  and  in  every  respect  on  the  same  foot- 

38781  ing  upon  which  they  stood  before  the  late  war  between  the 

38782  United  States  and  Great  Britain,  have  agreed  to  the  following 

38783  articles : 


870 

38784  ARTICLE  1.  Every  injury  or  act  of  hostility  committed  by 

38785  one  or  either  of  the  contracting  parties  against  the  other  shall 

38786  be  mutually  forgiven  and  forgot, 

38787  ARTICLE  2.  There  shall  be  perpetual  peace  and  friendship 

38788  between  all  the  citizens  of  the  United  States  of  America  and 

38789  all  the  individuals  composing  the  said  tribe  of  the  lakes,  and  all 

38790  the  friendly  relations  that  existed  between  them  before  the  war 

38791  shall  be,  and  the  same  are  hereby,  renewed. 

38792  ARTICLE  3.  The  undersigned  chiefs  and  warriors,  for  them- 

38793  selves  and  their  said  tribe,  do  hereby  acknowledge  themselves 
3879-4  and  their  aforesaid  tribe  to  be  under  the  protection  of  the  United 

38795  States,  and  of  no  other  nation,  power,  or  sovereign  whatsoever. 

38796  Proclaimed  July  19,  1815. 


38797  SIOUX  OF  THE  LEAF,  ETC. 

38798  A   treaty  of  peace  and  friendship  made  and  concluded  between 

38799  William  Clark,  Ninian  Edwards,  and  Auguste  Chouteau,  com- 

38800  missioners  plenipotentiary  of  the  United  States  of  America,  on 

38801  the  part  and  behalf  of  the  said  States,  of  the  one  part,  and  the 

38802  undersigned  chiefs  and  ivarriors,  representing  eight  bands  of  the 

38803  Siouxs,  composing  the  three  tribes  called  the  Siouxs  of  the  Leaf, 

38804  the  Siouxs  of  the  Broad  Leaf,  and  the  Siouxs  who  Shoot  in  the 

38805  Pine  Tops,  on  the  part  and  behalf  of  their  said  tribes,  of  the 

38806  othey  part. 

38807  The  parties  being  desirous  of  re-establishing  peace  and 

38808  friendship  between  the  United  States  and  the  said  tribes,  and  of 

38809  being  placed  in  all  things,  and  in  every  respect,  on  the  same 

38810  footing  upon  which  they  stood  before  the  late  war  between  the 

38811  United  States  and  Great  Britain,  have  agreed  to  the  following 

38812  articles: 

ARTICLE  1.  Every  injury  or  act  of  hostility  committed  by 

38814  one  or  either  of  the  contracting  parties  against  the  other  shall 

38815  be  mutually  forgiven  and  forgot. 

38816  ARTICLE  2.  There  shall  be  perpetual  peace  and  friendship 

517  between  all  the  citizens  of  the   United  States  and  all  the  iudi- 

518  viduals  composing  the  aforesaid  tribes;  and  all  the  friendly  rela- 
58819  tions  that  existed  between  them  before  the  war  shall  be,  and  the 
38820  same  are  hereby,  renewed. 

ARTICLE  3.  The  undersigned  chiefs  and  warriors  for  them 
selves  and  their  tribes  respectively,  do,  by  these  presents,  confirm 

823  to  the  United  States  all  and  every  cession  or  cessions  of  land 

*24  heretofore  made  by  their  tribes  to  the  British,  French,  or  Spanish 


38825 
38826 
38827 
38828 
38829 
38830 
38831 
38832 
38833 
38834 
38835 


871 

government,  within  the  limits  of  the  United  States  or  their  Ter 
ritories;  and  the  parties  here  contracting  do,  moreover,  in  the 
sincerity  of  mutual  friendship,  recognise,  re-establish,  and  con 
firm  all  and  every  treaty,  contract,  and  agreement  heretofore 
concluded  between  the  United  States  and  the  said  tribes  or 
nations. 

ARTICLE  4.  The  undersigned  chiefs  and  warriors  as  afore 
said,  for  themselves  and  their  said  tribes,  do  hereby  acknowledge 
themselves  to  be  under  the  protection  of  the  United  States,  and 
of  no  other  nation,  power,  or  sovereign  whatsoever, 

Proclaimed  December  30,  181G. 


38836 


SIOUX— SIOUNE  AND  OGALLALA  TKIBES. 


38837  TREATY  WITH   THE   SIOUNE  AND  OGALLALA  TRIBES. 

For  the  purpose  of  perpetuating  the  friendship  which  has 

38839  heretofore  existed,  as  also  to  remove  all  future  cause  of  dis- 

38840  cussiou  or  dissension,  as  it  respects  trade  and  friendship  be- 

38841  tween  the  United  States  and  their  citizens,  and  the  Sioune  and 

38842  Ogallala  bands  of  the  Sioux  tribes  of  Indians,  the  President  of 

38843  the   United   States  of  America,  by   Brigadier-General   Henry 

38844  Atkinson,  of  the  United   States   Army,  and   Major  Benjamin 

38845  O'Fallon,  Indian  agent,  with  full  powers  and  authority,  specially 

38846  appointed  and  commissioned  for  that  purpose,  of  the  one  part, 

38847  and  the  undersigned  chiefs,  head-men,  and  warriors  of  the  said 

38848  Siouue  and   Ogallala   bands  of  Sioux  Indians,   on   behalf  of 

38849  their  bands,  of  the  other  part,  have  made  and  entered  into  the 

38850  following  articles  and  conditions,  which,  when  ratified  by  the 

38851  President  of  the  United  States,  by  and  with  the  advice  and  con- 

38852  sent  of  the  Senate,  shall  be  binding  on  both  parties,  to  wit : 

38853  ARTICLE   1.  It  is   admitted   by  the   Siouue  and  Ogallala 

38854  bands  of  Sioux  Indians  that  they  reside  within  the  territorial 

38855  limits  of  the  United  States,  acknowledge  their  supremacy,  and 

38856  claim  their  protection.    The  said  bands  also  admit  the  right  of 

38857  the  United  States  to  regulate  all  trade  and  intercourse  with 

38858  them. 

38859  ARTICLE  2.  The  United  States  agree  to  receive  the  Sioune 

38860  and  Ogallala  bands  of  Sioux  into  their  friendship  and  under 

38861  their  protection,  and  to  extend  to  them,  from  time  to  time,  such 

38862  benefits  and  acts  of  kindness  as  may  be  convenient   and  seem 

38863  just  and  proper  to  the  President  of  the  United  States. 

38864  ARTICLE  3.  All  trade  and  intercourse  with  the  Sioune  and 

38865  Ogallala  bands  shall   be  transacted   at   such  place  or  places  as 


872 

3S8GG  may  be  designated  and  pointed  oat  by  the  Presidentof  the  United 

38867  States,  through  his  agents;  and  none  but  American  citizens, 

388G8  duly  authorized  by  the  United  States,  shall  be  admitted  to  trade 

388G9  or  hold  intercourse  with  said  bauds  of  Indians. 

38870  ARTICLE  4.  That   the  Sioune  and  Ogallala  bands  may  be 

38871  accommodated  with  such  articles  of  merchandize,  &c.,  as  their 

38872  necessaties  may  demand,  the  United  States  agree  to  admit  and 

38873  licence  traders  to  hold  intercourse  with  said  bands,  under  mild 

38874  and  equitable  regulations;  in  consideration  of  which  the  Siouue 

38875  and  Ogallala  bands  bind  themselves  to  extend  protection  to  the 
3887G  persons  and  the  property  of  the  traders,  and  the  persons  legally 

38877  employed  under  them,  whilst  they  remain  within  the  limits  of 

38878  their  particular  district  of  country.     And  the  said  Sioune  and 

38879  Ogallala  bands  farther  agree  that  if  any  foreigner  or  other  per- 

38880  son  not  legally  authorized  by  the  United  States  shall  come  into 

38881  their  district  of  country  for  the  purposes  of  trade  or  other  views, 
3SSS2  they  will  apprehend  such  person  or  persons,  and  deliver  him  or 

38883  them  to  some  United  States  superintendent,  or  agent  of  Indian 

38884  affairs,  or  to  the  commandant  of  the  nearest  military  post,  to  be 

38885  dealt  with  according  to  law.     And  they  further  agree  to  give 
3888G  safe  conduct  to  all  persons  who  may  be  legally  authorized  by 

38887  the  United  States  to  pass  through  their  country;  and  to  pro- 

38888  tect,  in  their  persons  and  property,  all  agents  or  other  persons 

38889  sent  by  the  United  States  to  reside  temporarily  among  them; 

38890  nor  will  they,  whilst  on  their  distant  excursions,  molest  or  inter- 

38891  rupt  any  American  citizen  or  citizens  who  may  be  passing  from 

38892  the  United  States  to  New  Mexico,  or  returning  from  thence  to 

38893  the  United  States. 

38894  ARTICLE  5.  That  the  friendship  which  is  now  established 

38895  between  the  United  States  and   the  Sioune  and  Ogallala  bands 

38896  should  not  be  interrupted  by  the  misconduct  of  individuals,  it 

38897  is  hereby  agreed  that  for  injuries  done  by  individuals,  no  private 

38898  revenge  or  retaliation   shall   take  place,  but   instead  thereof, 

38899  complaints  shall  be  made  by  the  injured  party  to  the  superin- 

38900  tendent  or  agent  of  Indian  affairs,  or  other  person  appointed  by 

38901  the  President;  and  it  shall  be  the  duty  of  said   chiefs,  upon 
8902  complaint  being  made  as  aforesaid,  to  deliver  up  the  person  or 

>903  persons  against  whom  the  complaint  is  made,  to  the  end  that 

38904  he  or  they  may  be  punished  agreeably  to  the  laws  of  the  United 

>05  States.    And,  in  like  manner,  if  any  robbery,  violence,  or  murder 

•06  shall  be  committed  on   any  Indian  or  Indians  belonging  to  the 

)07  said  bands,  the  person  or  persons  so  offending  shall  be  tried,  and 

if  found  guilty  shall  be  punished  in  like  manner  as  if  the  injury 

had  been  done  to  a  white  man.     And  it  is  agreed  that  the 

chiefs  of  said  Sioune  and  Ogallala  bands  shall,  to  the  utmost  of 

their  power,  exert  themselves  to  recover  horses  or  other  prop- 


873 

38912  erty  which  may  be  stolen  or  taken  from  any  citizen  or  citizens 

38913  of  the  United  States  by  any  individual  or  individuals  of  said 

38914  bands;  and  the  property  so  recovered  shall  be  forthwith  de- 

38915  livered  to  the  agents  or  other  person  authorized  to  receive  it, 

38916  that  it  may  be  restored  to  the  proper  owner.    And  the  United 

38917  States  hereby  guaranty  to  any  Indian  or  Indians  of  said  bands  a 

38918  full  indemnification  for  any  horses  or  other  property  which  may 

38919  be  stolen  from  them  by  any  of  their  citizens:  Provided,  The 

38920  property  stolen  cannot  be  recovered,  and  that  sufficient  proff  is 

38921  produced  that  it  was  actually  stolen  by  a  citizen  of  the  United 

38922  States.     And  the  said  Sioune  and  Ogallala  bands  engage,  on  the 

38923  requisition  or  demand  of  the  President  of  the  United  States,  or 

38924  of  the  agents,  to  deliver  up   any  white  man  resident  among 

38925  them. 

38926  ARTICLE  6.   And    the    chiefs   and   warriors  as  afoie^aid 

38927  promise  and  engage  that  their  bands  will  never,  by  sale,  ex- 

38928  change,  or  as  presents,  supply  any  nation,  tribe,  or  band  of 

38929  Indians  not  in  amity  with  the  United  States  with  guns,  anamu- 

38930  nition,  or  other  implements  of  war. 

38931  Proclaimed  February  6,  1826. 


3893: 


SIOUX— HUNKPAPA  BAND. 


38933  Treaty  with  the  Hunkpapas  'band  of  the  Sioux  tribe. 

38934  For  the  purpose  of  perpetuating  the  friendship  which  has 

38935  heretofore  existed,  as  also  to  remove  all  future  cause  of  diseus- 

38936  sion  or  dissension,  as  it  respects  trade  and  friendship  between  the 

38937  United  States  and  their  citizens  and  the  Hunkpapas  band  of  the 

38938  Sioux  tribe  of  Indians,  the  President  of  the  United  States  of 

38939  America,  by  Brigadier-General  Henry  Atkinson,  of  the  United 

38940  States  Army,  and  Major  Benjamin  O'Fallon,  Indian  agent,  with 

38941  full  powers  and  authority,  specially  appointed  and  commissioned 

38942  for  that  purpose,  of  the  one  part,  and  the  undersigned  chiefs, 
33943  head-men,  and  warriors  of  the  said  Hunkpapas  band  of  Sioux 

38944  Indians,  on  behalf  of  their  band,  of  the  other  part,  have  made 

38945  and  entered  into  the  following  articles  and  conditions;  which' 

38946  when  ratified  by  the  President  of  the  United  States,  by  and 

38947  with  the  advice  and  consent  of  the  Senate,  shall  be  binding  on 

38948  both  parties,  to  wit : 

38949  ARTICLE  1.  It  is  admitted  by  the  Huukpapas  baud  of  Sioux 

38950  Indians  that  they  reside  within  the  territorial  limits  of  the  United 

38951  States,  acknowledge  their  supremacy,  and  claim  their  protection. 

38952  The  said  band  also  admit  the  right  of  the  United  States  to  regu- 

38953  late  all  trade  and  intercourse  with  them. 

110  IT 


874 

38954  ARTICLE  2.  The  United  States  agree  to  receive  the  Hunk- 

38955  papas  band  of  Sioux  into  their  friendship,  and  under  their  pre- 
38956  tectiou,  and  to  extend  to  them,  from  time  to  time,  such  benefits 

38957  and  acts  of  kindness  as  may  be  convenient,  and  seem  just  and 

38958  proper  to  the  President  of  the  United  States. 

38959  ARTICLE  .3.  All  trade  and  intercourse  with  the  Hunkpapns 
389CO  band  shall  be  transacted  at  such  place  or  places  as  may  be  desig- 
38961  Dated  and  pointed  out  by  the  President  of  the  United  States, 
3896:2  through  his  agents;  and  none  but  American  citazens,  duly  au- 
3896,3  thorized  by  the  United  States,  shall  be  admitted  to  trade  or  hold 

38964  intercourse  with  said  baud  of  Indians. 

38965  ARTICLE  4.  That  the  Hunkpapas  band  maybe  accommo- 

38960  dated  with  such  articles  of  merchandize,  &c.,  as  their  necessaties 
38967  may  demand,  the  United  States  agree  to  admit  and  licence  traders 
: ;s!)()8  to  hold  intercourse  with  said  band  under  mild  and  equitable  regu - 
3SJMJ9  lationsjin  consideration  of  which  the  Hunkpapas  baud  bind  them- 
38970  selves  to  extend  protection  to  the  persons  and  the  property  of  the 
,38971  traders,  and  the  persons  legally  employed  under  them,  whilst 

38972  they  remain  within  the  limits  of  their  particular  district  of  coun- 

38973  try.    And  the  said  Hunkpapas  baud  further  agree,  that  if  any 

38974  foreigner,  or  other  person  not  legally  authorized  by  the  United 

38975  States,  shall  come  into  their  district  of  country,  for  the  purposes 

38976  of  trade  or  other  views,  they  will  apprehend  such  person  or  per- 
."»S!)77  sons,  and  deliver  him  or  them  to  some  United  States  super! n- 
38978  tendent  or  agent  of  Indian  affairs,  or  to  the  commandant  of  the 
.">S!»7!}  nearest  military  post,  to  be  dealt  with  according  to  law.     And 

38980  they  further  agree  to  give  safe-conduct  to  all  persons  who  may 

38981  be  legally  authorized  by  the  United  States  to  pass  through  their 

38982  country,  and  to  protect  in  their  persons  and  property  all  agents 
:;s!>s;{  or  other  persons  sent  by  the  United  States  to  reside  temporarily 

38984  among  them. 

38985  ARTICLE  5.  That  the  friendship  which  is  now  established 

38986  between  the  United  States  and  the  Hunkpapas  band  should  not 

38987  be  interrupted  by  the  misconduct  of  individuals,  it  is  hereby 

38988  agreed  that,  for  injuries  done  by  individuals,  no  private  revenge 
18989  or  retaliation  shall  take  place,  but  instead  thereof,  complaints 

990  shall  be  made,  by  the  injured  party,  to  the  superintendent  or 

Wl  agent  of  Indian  affairs,  or  other  person  appointed  by  the  Presi- 

38992  dent;  and  it  shall  be  the  duty  of  said  chiefs,  upon  complaint 

•93  being  made  as  aforesaid,  to  deliver  up  the  person  or  persons 

)94  against  whom  the  complaint  is  made,  to  the  end  that  he  or  they 

>95  may  be  punished  agreeably  to  the  laws  of  United  States.     And 

•96  in  like  manner,  if  any  robbery,  violence,  or  murder  shall  be 

)97  committed  on  any  Indian  or  Indians  belonging  to  the  said  band, 

the  person  or  persons  so  offending  shall  be  tried,  and,  if  found 

guilty,  shall  be  punished  in  like  manner  as  if  the  injury  had 


875 

39000  been  done  to  a  white  mail.    And  it  is  agreed  that  the  chiefs  of 

39001  said  Hunkpapas  band  shall,  to  the  utmost  of  their  power,  exert 

39002  themselves  to  recover  horses  or  other  property  which  may  be 

39003  stolen  or  taken  from  any  citizen  or  citizens  of  the  United  States 

39004  by  any  individual  or  individuals  of  said  baud ;  and  the  property 

39005  so  recovered  shall  be  forthwith  delivered  to  the  agents  or  other 
3900(3  person  authorized  to  receive  it,  that  it  may  be  restored  to  the 

39007  proper  owner.    And  the  United  States  hereby  guarranty  to  any 

39008  Indian  or  Indians  of  said  band  a  full  indemnification  for  any 

39009  horses  or  other  property  which  may  be  stolen  from  them  by  any 

39010  of  their  citizens :  Provided,  That  the  property  stolen  cannot  be 

39011  recovered,  and  that  sufficient  proof  is  produced  that  it  was 

39012  actually  stolen  by  a  citizen  of  the  United  States.     And  the  said 

39013  Hunkpapas  band  engage,  on  the  requisition  or  demand  of  the 

39014  President  of  the  United  States,  or  of  the  agents,  to  deliver  up 

39015  any  white  man  resident  among  them. 

39010  ARTICLE  G.   And   the  chiefs   and  warriors,  as  aforesaid, 

39017  promise  and  engage  that  their  band  will  never,  by  sale,  exchange, 

39018  or  as  presents,  supply  any  nation  or  tribe  of  Indians,  not  in 

39019  amity  with  the  United  States,  with  guns,  ammunition,  or  other 

39020  implements  of  war. 

39021  Proclaimed  February  6,  182G. 


SIOUX— WA-HA  SHAW'S  T1UBE. 


39024 
39025 
39020 
39027 
39028 
39029 
39030 
39031 
39032 
39033 
39034 
39035 
39036 
39037 
39038 
39039 
3[)040 


Convention  with  the  Sioux  of  Wa-ha-shawjs  tribe. 

In  a  convention  held  this  tenth  day  of  September,  1830, 
between  Col.  Z.  Taylor,  Indian  agent,  and  the  chiefs,  braves, 
and  principal  men  of  the  Sioux  of  Wa-ha-shaw's  tribe  of  Indians, 
it  has  been  represented  that  according  to  the  stipulations  of  the 
first  article  of  the  treaty  of  Prairie  du  Chieu,  of  the  15th  July, 
1830,  (proclaimed  February  24, 1831,)  the  country  thereby  ceded 
is  "  to  be  assigned  and  allotted  under  the  direction  of  the  Pres 
ident  of  the  United  States  to  the  tribes  now  living  thereon,  or 
to  such  other  tribes  as  the  President  may  locate  thereon,  for 
hunting  and  other  purposes." 

And  whereas  it  is  farther  represented  ( o  us,  the  chiefs,  braves, 
and  principal  men  of  the  tribe  aforesaid,  to  be  desirable  that 
the  lands  lying  between  the  State  of  Missouri  and  the  Missouri 
Biver  should  be  attached  to  and  become  a  part  of  said  State, 
and  the  Indian  title  thereto  be  extinguished,  but  that,  notwith 
standing,  as  these  lands  compose  a  part  of  the  country  embraced 
by  the  provisions  of  said  first  article  of  the  treaty  aforesaid,  the 


876 

39041  stipulations  thereof  will  be  strictly  observed  until  the  assent  of 

39042  the  Indians  interested  is  given  to  the  proposed  measure  : 
'59043  Now  we,  the  chiefs,  braves,  and  principal  men  of  the  above- 

39044  named  tribe  of  Indians,  fully  understanding  the  subject,  and 

39045  well  satisfied  from  the  local  position  of  the  lands  in  question 
39040  that  they  can  never  be  made  available  for  Indian  purposes,  and 

39047  that  an  attempt  to  place  an  Indian  population  on  them  must  in. 

39048  evitably  lead  to  collisions  with  the  citizens  of  the  United  States ; 

39049  and  further  believing  that  the  extension  of  the  State  line  in  the 

39050  direction  indicated  would  have  a  happy  effect,  by  presenting  a 

39051  natural  boundary  between  the  whites  and  Indians  ;  and  willing, 

39052  moreover,  to  give  the  United  States  a  renewed  evidence  of  our 

39053  attachment  &  friendship,  do  hereby  for  ourselves,  and  on  behalf 

39054  of  our  respective  tribes,  (having  full  power  and  authority  to  this 

39055  effect,)  forever  cede,  relinquish,  and  quit-claim  to  the  United 
3905<>  States  all  our  right,  title,  and  interest  of  whatsoever  nature  in 

39057  and  to  the  lands  lying  between  the  State  of  Missouri  and  the 

39058  Missouri  Eiver,  and  do  freely  and  fully  exonerate  the  United 

39059  States  from  any  guarantee,  condition,  or  limitation,  expressed 
390GO  or  implied  under  the  treaty  of  Prairie  du  Chicii  aforesaid  or 
39001  otherwise,  as  to  the  entire  and  absolute  disposition  of  the  said 
39062  land,  fully  authorizing  the  United  States  to  do  with  the  same 
39003  whatever  shall  seem  expedient  or  necessary. 

390G4  Proclaimed  February  13,  1837. 


39065    SIOUX—  WAHPAAKOOTAH,  SUSSETON,  ETC.,  TRIBES. 


39066  Convcniinn  with  the  Wanpaakootahj  Suisseton,  nnd  Upper  Meda- 

39067  waltanton  tribes  of  Sioux  Indians. 

39068  In  a  convention  held  this  thirtieth  day  of  November,  1836, 

39069  between  Lawrence  Taliaferro,  Indian  agent  at  St.  Peter's,  and 

39070  the  chiefs,  braves,  and  principal  men  of  the  Wahpaakootah, 

39071  Susseton,  and  Upper  Medawakanton  tribes  of  Sioux  Indians,  it 

39072  has  been  represented,  that  according  to  the  stipulations  of  the 

39073  first  article  of  the  treaty  of  Prairie  du  Chien  of  the  15th  July, 

39074  1830,  (proclaimed  February  24, 1831,)  the  country  thereby  ceded 

39075  is  "to  be  assigned  and  allotted  under  the  direction  of  the  Pres- 

39076  ident  of  the  United  States  to  the  tribes  now  living  thereon,  or 

39077  to  such  other  tribes  as  the  President  may  locate  thereon,  for 

39078  hunting  or  other  purposes." 

)079  And  whereas  it  is  further  represented  to  us,  the  chiefs,  braves, 

^9080  and  principal  men  of  the  tribes  aforesaid,  to  be  desirable  that 

39081  the  lands  lying  between  the  State  of  Missouri  and  the  Missouri 


877 


39082 
39083 
39084. 
39085 
39086 
39087 
39088 
39089 
39090 
39091 
39092 
39093 
39094 
39095 
39096 
39097 
39098 
39099 
39100 
39101 
39102 
39103 
39104 
39105 
39106 
39107 
39108 
39109 
39110 
39111 
39112 
39113 
39114 
39115 
39116 
39117 
39118 
39119 
39120 
39121 


River  should  be  attached  to,  and  become  a  part  of,  said  State 
and  the  Indian  title  thereto  be  entirely  extinguished;  but  that, 
notwithstanding,  as  these  lands  compose  a  part  of  the  country 
embraced  by  the  provisions  of  said  first  article  of  the  treaty 
aforesaid,  the  stipulations  thereof  will  be  strictly  observed  until 
the  assent  of  the  Indians  interested  is  given  to  the  proposed 
measure: 

Now  we,  the  chiefs,  braves,  and  principal  men  of  the  Wah- 
paakoota,  Susseton,  and  Upper  Medawakanton  tribes  of  Sioux 
Indians,  fully  understanding  the  subject,  and  well  satisfied  from 
the  local  position  of  the  lands  in  question  that  they  can  never 
be  made  available  for  Indian  purposes,  and  that  an  attempt  to 
place  an  Indian  population  on  them  must  inevitably  lead  to  col 
lisions  with  the  citizens  of  the  United  States  ;  and  further  be 
lieving  that  the  extension  of  the  State-line  in  the  direction  indi 
cated  would  have  a  happy  effect,  by  presenting  a  natural 
boundary  between  the  whites  and  Indians  ;  and  willing,  more 
over,  to  give  the  United  States  a  renewed  evidence  of  our 
attachment  and  friendship,  do  hereby,  for  ourselves  and  on 
behalf  of  our  respective  tribes,  (having  full  power  and  authority 
to  this  effect,)  forever  cede,  relinquish,  and  quit  claim  to  the 
United  States  all  our  right,  title,  and  interest,  of  whatsoever 
nature,  in  and  to  the  lauds  lying  between  the  State  of  Missouri 
and  the  Missouri  River,  and  do  freely  and  fully  exonerate  the 
United  States  from  any  guarantee,  condition,  or  limitation,  ex 
pressed  or  implied,  under  the  treaty  of  Prairie  du  Chien  afore 
said,  or  otherwise,  as  to  the  entire  and  absolute  disposition  of 
the  said  lauds,  fully  authorizing  the  United  States  to  do  with 
the  same  whatever  shall  seem  expedient  or  necessary. 

As  a  proof  of  the  continued  friendship  and  liberality  of  the 
United  States  towards  the  Wahpaakootab,  Susseton,  and  Upper 
Medawakanton  tribes  of  Sioux  Indians,  and  as  an  evidence  of 
the  sense  entertained  for  the  good-will  manifested  by  said  tribes 
to  the  citizens  and  Government  of  the  United  States,  as  evinced 
in  the  preceding  cession  or  relinquishment,  the  undersigned 
agrees,  on  behalf  of  the  United  States,  to  cause  said  tribes  to 
be  furnished  with  presents  to  the  amount  of  five  hundred  and 
fifty  dollars,  in  goods,  the  receipt  of  which  is  hereby  acknowl 
edged.  (See  note,  page  890.) 

Proclaimed  February  18,  1837. 


878 

39121'  SIOUX— CERTAIN  CHIEFS  AND  BRAVES. 

39123  Articles  of  a  treaty  made  at  the  city  of  Washington  between  Joel  R. 

39124  Poinsctt,  thereto  specially  authorised  by  the  President  of  the 

39125  United  States,  and  certain  chiefs  and  braves  of  the  Sioux  Na- 
3912G  tion  of  Indians. 

39127  ARTICLE  1.  The  chiefs  and  braves,  representing  the  parties 

39128  having  an  interest  therein,  cede  to  the  United  States  all  their 

39129  land  east  of  the  Mississippi  River  and  all  their  islands  in  the 

39130  said  river. 

39131  ARTICLE  2.  In  consideration  of  the  cession  contained  in 

39132  the  preceding  article,  the  United  States  agree  to  the  following 

39133  stipulations  on  their  part : 

39134  First.  To  invest  the  sum  of  $300,000  (three  hundred  thons- 

39135  and  dollars)  in  such  safe  and  profitable  State  stocks  as  the  Pre- 
39136  sident  may  direct,  and  to  pay  to  the  chiefs  and  braves  as  afore- 

39137  said,  annually,  forever,  an  income  of  not  less  than  five  per  cent. 

39138  thereon,  a  portion  of  said  interest,  not  exceeding  one-third,  to 

39139  be  applied  in  such  manner  as  the  President  may  direct,  and  the 

39140  residue  to  be  paid  in  specie,  or  in  such  other  manner  and  for 

39141  such  objects  as  the  proper  authorities  of  the  tribe  may  designate. 
31)142  Second.  To  pay  to  the  relatives  and  friends  of  the  chiefs  and 

39143  braves,  as  aforesaid,  having  not  less  than  one-quarter  of  Sioux 

39144  blood,  $110,000  (one  hundred  and  ten  thousand  dollars,)  to  be 
.'$9145  distributed  by  the  proper  authorities  of  the  tribe,  upon  principles 

39146  to  be  determined  by  the  chiefs  and  braves  signing  this  treaty 

39147  and  the  War  Department. 

39148  Third.  To  apply  the  sum  of  $90,000  (ninety  thousand  dollars) 

39149  to  the  payment  of  just  debts  of  the  Sioux  Indians  interested  in 
33150  the  lands  herewith  ceded. 

39151  Fourth.  To  pay  the  chiefs  and  braves  as  aforesaid  an  an- 

39152  unity  for  ten  years  of  $10,000,  (ten  thousand  dollars,)  in  goods,  to 

39153  be  purchased  under  the  direction  of  the  President,  and  delivered 

39154  at  the  expense  of  the  United  States. 

39155  Fifth.  To  expend  annually  for  twenty  years  for  the  benefit 

39156  of  Sioux  Indians,  parties  to  this  treaty,  the  sum  of  $8,250  (eight 

39157  thousand  two  hundred  and  fifty  dollars)  in  the  purchase  of  rnedi- 
U58  cines,  agricultural  implements,  and  stock,  and  for  the  support 

39159  of  a  physician,  farmers,  and  blacksmiths,  and  for  other  beneficial 

39160  objects. 

Sixth.  In  order  to  enable  the  Indians  aforesaid  to  break  up 
and  improve  their  lands,  the  United  States  will  supply,  as  soon 
as  practicable  after  the  ratification  of  this  treaty,  agricultural 
implements,  mechanics'  tools,  cattle,  and  such  other  articles  as 


879 

39165  may  be  useful  to  them,  to  an  amount  not  exceeding  $10,000,  (ten 

391GG  thousand  dollars.) 

39167  Seventh.  To  expend  annually  for  twenty  years  the  sum  of 

39168  $5,500  (five  thousand  five  hundred  dollars)  in  the  purchase  of 

39169  provisions,  to  be  delivered  at  the  expense  of  the  United  States. 

39170  Eighth.  To  deliver  to  the  chiefs  and  braves  signing  this 

39171  treaty,  upon  their  arrival  at  St.  Louis,  $6,000,  (six  thousand  dol- 

39172  lars,)  in  goods. 

39173  ARTICLE  3.  This  treaty  shall  be  binding  on  the  contracting 

39174  parties  as  soon  as  it  shall  be  ratified  by  the  United  States. 

39175  Proclaimed  June  15,  1838. 


39176       SIOUX— SEE-SEE-TOX  AND  WAH-PAY-TOAN  BANDS. 


39177  MILLARD  FILLMORE,  President  of  the  United  States  of  Ameri- 

39178  ca,  to  all  and  singular  to  whom  these  presents  shall  come, 

39179  greeting : 

39180  Whereas  a  treaty  was  made  and  concluded  at  Traverse  des 

39181  Sioux,  in  the  Territory  of  Minnesota,  on  the  twenty-third  day 

39182  of  July,  one  thousand  eight  hundred  and  fifty-one,  between  the 

39183  United  States  of  America,  by  Luke  Lea,  Commissioner  of  Indian 

39184  Affairs,  and  Alexander  Ramsey,  governor  and  ex-officio  superin- 

39185  tendent  of  Indian  affairs  in  said  Territory,  acting  as  commis- 

39186  siouers,  and  the  See-see-toan  and  Wah-pay-toan  bands  of  Dako- 

39187  ta  or  Sioux  Indians,  which  treaty  is  in  the  words  following,  to 

39188  wit : 

39189  Articles  of  a  treaty  made  and  concluded  at  Traverse  des  Sioux, 

39190  upon  the  Minnesota  River,  in  the  Territory  of  Minnesota, 

39191  on  the  twenty-third  day  of  July,  eighteen  hundred  and 

39192  fifty-one,  between  the  United  States  of  America,  by  Luke 

39193  Lea,  Commissioner  of  Indian  Affairs,  and  Alexander  Ram- 

39194  sey,  governor  and  ex-officio  superintendent  of  Indian  affairs 

39195  in  said  Territory,  commissioners  duly  appointed  for  that 

39196  purpose,  and  the  See-see-toan  and  Wah-pay-toan  bands  of 

39197  Dakota  or  Sioux  Indians. 

39198  ARTICLE  1.  It  is  stipulated  and  solemnly  agreed  that  the 

39199  peace  and  friendship  now   so  happily   existing  between  the 

39200  United    States   and   the  aforesaid  bands  of  Indians  shall  be 

39201  perpetual. 

39202  ARTICLE  2.  The  said  See  see-toan  and  Wah-pay-toan  bands 

39203  of  Dakota  or  Sioux  Indians  agree  to  cede,  and  do  hereby  cede, 

39204  sell,  and  relinquish  to  the  United  States,  all  their  lands  in  the 

39205  State  of  Iowa,  and  also  all  their  lands  in  the  Territory  of  Min- 

39206  nesota  lying  east  of  the  following  line,  to  wit :  Beginning  at  the 


880 

39^07  junction  of  the  Buffalo  River  with  the  Red  River  of  the  Xorth ; 

39208  thence  along  the  western  bank  of  said  Red  River  of  the  North 

39209  to  the  mouth  of  the  Sioux  Wood  River  ;  thence  along  the  west- 

39210  ern  bank  of  said  Sioux  Wood  River  to  Lake  Traverse  ;  thence 

39211  along  the  western  shore  of  said  lake  to  the  southern  extremity 

39212  thereof;  thence  in  a  direct  line  to  the  junction  of  Kampeska 

39213  Lake  with  the  Tchan-kas-an-data,  or  Sioux  River ;  thence  along 

39214  the  western  bank  of  said  river  to  its  point  of  intersection  with 

39215  the  northern  line  of  the  State  of  Iowa,  including  all  the  islands 
39210  in  said  rivers  and  lake. 

39217  ARTICLE  3.  Stricken  out. 

39218  ARTICLE  4.  In  further  and  full  consideration  of  said  ces- 

39219  sion,  the  United  States  agree  to  pay  to  said  Indians  the  sum 

39220  of  one    million   six  hundred  and  sixty-five   thousand   dollars 

39221  ($1,005,000,)  at  the  several  times,  in  the  manner,  and  for  the  pur- 

39222  poses  following,  to  wit  : 

39223  1st.  To  the  chiefs  of  the  said  bands,  to  enable  them  to  settle 

39224  their  affairs  and  comply  with  their  present  just  engagement, 

39225  and  in  consideration  of  their  removing  themselves  to  the  country 
39220  set  apart  for  them  as  above,  which  they  agree  to  do  within  two 

39227  years,  or  sooner,  if  required'by  the  President,  without  further 

39228  cost  or  expense  to  the  United  States,  and  in   consideration  of 

39229  their  subsisting  themselves  the  first  year  after  their  removal, 

39230  which  they  agree  to  do  without  further  cost  or  expense  on  the 

39231  part  of  the  United  States,  the  sum  of  two  hundred  and  seventy  - 

39232  five  thousand  dollars,  ($275,000  :)  Provided,  That  said  sum  shall 

39233  be  paid  to  the  chiefs  in  such  manner  as  they  hereafter  in  open 
39231  council  shall  request,  and  as  soon  after  the  removal  of  said  In- 
39235  dians  to  the  home  set  apart  for  them  as*  the   necessary  appro- 
39230  priation  therefor  shall  be  made  by  Congress. 

39237  2<L  To  be  laid  out  under  the  direction  of  the  President  for 

39238  the  establishment  of  manual-labor  schools,  the  erection  of  mills 

39239  and  blacksmith  shops,  opening  farms,   fencing  and  breaking 

39240  land,  and  for  such  other  beneficial  objects  as  may  be  deemed 

39241  most  conducive  to  the  prosperity  and  happiness  of  said  Indians, 

39242  thirty  thousand  dollars,  ($30,000.) 

39243  The  balance  of  said  sum  of  one  million  six  hundred  and  six- 

39244  ty-five  thousand  dollars,  ($1,005,000,)  to  wit,  one  million  three 

39245  hundred  and  sixty  thousand  dollars  ($1,300,000)  to  remain  in 
39240  trust  with  the  United  States,  and  five  per  cent,  interest  thereon 
39247  to  be  paid  annually  to  said  Indians,  for  the  period  of  fifty  years, 

)248  commencing  the  first  day  of  July,  eighteen  hundred  and  fifty- 
two,  (1852,)  which  shall  be  in  full  payment  of  said  balance,  prin- 

>250  cipal  and  interest,  the  said  payment  to  be  applied,  under  the 

39251  direction  of  the  President,  as  follows,  to  wit  : 


881 

39252  3d.  For  a  general  agricultural  improvement  and  civilization 

39253  fund,  the  sum  of  twelve  thousand  dollars,  ($12,000.) 

39254  4th.  For  educational  purposes,  the  sum   of  six  thousand 

39255  dollars,  ($6,000.) 

39256  5th.  For  the  purchase  of  goods  and  provisions,  the  sum  of 

39257  ten  thousand  dollars,  ($10,000.) 

39258  6th.  For  money  annuity,  the  sum  of  forty  thousand  dollars, 

39259  ($40,000.) 

39260  ARTICLE  5.  The  laws  of  the  United  States  prohibiting  the 

39261  introduction  and  sale  of  spirituous  liquors  in  the  Indian  country 

39262  shall  be  in  full  force  and  effect  throughout  the  territory  hereby 

39263  ceded  and  lying  in  Minnesota  until  otherwise  directed  by  Con- 

39264  gress  or  the  President  of  the  United  States. 

39265  ARTICLE  6.  Eules  and  regulations  to  protect  the  rights  of 

39266  persons  and  property  among  the  Indians,  parties  to  this  treaty, 

39267  and  adapted  to  their  condition  and  wants,  may  be  prescribed 

39268  and  enforced  in  such  manner  as  the  President  or  the  Congress 

39269  of  the  United  States,  from  time  to  time,  shall  direct. 

39270  SUPPLEMENTAL    ARTICLE. 

39271  1st.  The  United  States  do  hereby  stipulate  to  pay  the  Sioux 

39272  bands  of  Indians,  parties  to  this  treaty,  at  the  rate  of  ten  cents 

39273  per  acre,  for  the  lands  included  in  the  reservation  provided  for 

39274  in  the  third  article  of  the  treaty  as  originally  agreed  upon  in  the 

39275  following  words  : 

39276  "ARTICLE  3.  In  part  consideration  of  the  foregoing  cession, 

39277  the  United  States  do  hereby  set  apart  for  the  future  occupancy 

39278  and  home  of  the  Dakota  Indians,  parties  to  this  treaty,  to  be 

39279  held  by  them  as  Indian  lands  are  held,  all  that  tract  of  country 

39280  on  either  side  of  the  Minnesota  River,  from  the  western  bound - 

39281  ary  of  the  lands  herein  ceded,  east,  to  the  Tchay-tam-bay  River 

39282  on  the  north,  and  to  Yellow  Medicine  River  on  the  south  side, 

39283  to  extend  on  each  side  a  distance  of  not  less  than  ten  miles 

39284  from  the  general  course  of  said  river,  the  boundaries  of  said 

39285  tract  to  be  marked  out  by  as  straight  lines  as  practicable,  when- 

39286  ever  deemed  expedient  by  the  President,  and  in  such  manner  as 

39287  he  shall  direct;"  which  article  has  been  stricken  out  of  the 

39288  treaty  by  the  Senate,  the  said  payment  to  be  in  lieu  of  said  res- 

39289  ervation ;   the  amount,  when  ascertained,  under  instructions 

39290  from  the  Department  of  the  Interior,  to  be  added  to  the  trust 

39291  fund  provided  for  in  the  fourth  article. 

39292  2d.  It  is  further  stipulated  that  the  President  be  authorized, 

39293  with  the  assent  of  the  said  bands  of  Indians,  parties  to  this 

39294  treaty,  and  as  soon  after  they  shall  have  given  their  assent  to 

39295  the  foregoing  article  as  may  be  convenient,  to  cause  to  be  set 

39296  apart,  by  appropriate  landmarks  and  boundaries,  such  tracts  of 

111  i  T 


882 

•59*97  country  without  the  limits  of  the  cession  made  by  the  first  [2<1] 

39298  article  of  the  treaty  as  may  be  satisfactory  for  their  future  oc- 

30209  cupancy  and  home  :  Provided,  That  the  President  may,  by  the 

30300  consent  of  these  Indians/vary  the  conditions  aforesaid,  if  deemed 

30301  expedient.    (See  note  on  page  800.) 

30302  Proclaimed  February  24,  1853. 


30303  S10UX-MED-AY-WA-KAN-TOAN  AND  WAH-PAY-KOO- 

30304  TAY  BANDS. 

30305  MILLARD  FILLXORE,  President/of  the  United  States  of  America, 
3930G  to  all  and  singular  to  whom  these  presents  shall  come, 
30307            greeting : 

3030$  Whereas  a  treaty  was  made  and  concluded  at  Mendota,  in 

30300  tl^e  Territory  of  Minnesota,  on  the  fifth  day  of  August,  one 

30310  thousand  eight  hundred  and  fifty-one,  between  the  United  States 

30311  of  America,  by  Luke  Lea,  Commissioner  of  Indian  Affairs,  and 

30312  Alexander  Ramsey,  governor  and  ex-officio  superintendent  of 

30313  Indian  affairs  in  said  Territory,  acting  as  commissioners,  and 

30314  the  Med-ay-wa-kan  toan  and  Wah-pay-koo-tay  bands  of  Dakota 

30315  or  Sioux  Indians,  which  treaty  is  in  the  words  following,  to 

30316  wit : 

30317  Articles  of  a  treaty  made  and  concluded  at  Mendota,  in  the  Ter- 

30318  ritory  of  Minnesota,  on  the  fifth  day  of  August,  eighteen 
30310  hundred  and  fifty-one,  between  the  United  States  of  America, 

30320  by  Luke  Lea,  Commissioner  of  Indian  Affairs,  and  Alexan- 

30321  der  Ramsey,  governor  and  ex-officio  superintendent  of  In- 

30322  dian  affairs  in  said  Territory,  commissioners  duly  appointed 
for  that  purpose,  and  the  Med-ay-wa-kan-toan  and  Wah  pay- 

30324  koo-tay  bands  of  Dakota  or  Sioux  Indians. 

30325  ARTICLE  1.  The  peace  and  friendship  existing  between  the 

30326  United  States  and  the  Med-ay-wa-kan-toan  and  Wah-pay-koo- 

30327  tay  bands  of  Dakota  or  Sioux  Indians  shall  be  perpetual. 

ARTICLE  2.  The  said  Med-ay-wa-kan-toau  and  Wah-pay- 
30320  koo-tay  bands  of  Indians  do  hereby  cede  and  relinquish  all  their 
30330  lands,  and  all  their  right,  title,  and  claim  to  any  lands  whatever, 
331  in  the  Territory  of  Minnesota  or  in  the  State  of  Iowa. 

ARTICLE  3.  Stricken  out. 

ARTICLE  4.  In  further  and  full  consideration  of  said  cession 
J34  and  relinquish  men  t,  the  United  States  agree  to  pay  to  said 
(35  Indians  the  sum  of  one  million  four  hundred  and  ten  thousand 
>36  dollars,  (81,410,000,)  at  the  several  times,  in  the  manner,  and  for 
337  the  purposes  following,  to  wit : 

1st,  To  the  chiefs  of  the  said  bands,  to  enable  them  to  settle 


883 

303-30  their  affairs  and  comply  witli  their  present  just  engagements, 

30340  and  in  consideration  of  their  removing  themselves  to  the  couu- 

30341  try  set  apart  for  them  as  above,  (which  they  agree  to  do  within 

30342  one  year  after  the  ratification  of  this  treaty,  without  further  cost 

30343  or  expense  to  the  United  States,)  and  in  consideration  of  their 

30344  subsisting  themselves  the  first  year  after  their  removal,  (which 

30345  they  agree  to  do  without  further  cost  or  expense  on  the  part  of 

30346  the  United  States,)  the  sum  of  two  hundred  and  twenty  thou- 

30347  sand  dollars,  ($220,000  :)  Provided,  That  said  sum  shall  be  paid, 

30348  one-half  to  the  chiefs  of  the  Med-ay-wa-kan-toan  band,  and  one- 
30340  half  to  the  chief  and  head-men  of  the  Wah-pay-koo-tay  band,  in 

30350  such  manner  as  they  hereafter  in  open  council  shall  respect- 

30351  ively  request,  and  as  soon  after  the  removal  of  said  Indians  to 

30352  the  home  set  apart  for  them  as  the  necessary  appropriations 

30353  therefor  shall  be  made  by  Congress. 

30354  2d.  To  be  laid  out,  under  the  direction  of  the  President,  for 

30355  the  establishment  of  manual-labor  schools,  the  erection  of  mills 

30356  and  blacksmith   shops,  opening  farms,  fencing  and  breaking 

30357  land,  and  for  such  other  beneficial  objects  as  may  be  deemed 

30358  most  conducive  to  the  prosperity  and  happiness  of  said  Indians, 
30350  thirty  thousand  dollars,  ($30,000.) 

30360  The  balance  of  said  sum  of  one  million  four  hundred  and  ten 

30361  thousand  dollars,  ($1,410,000,)  to  wit,  one  million  one  hundred 

30362  and  sixty  thousand  dollars  ($1,160,000)  to  remain  in  trust  with 

30363  the  United  States,  and  five  per  cent,  interest  thereon  to  be  paid 

30364  annually  to  said  Indians,  for  the  period  of  fifty  years,  comraeuc- 

30365  ing  on  the  first  day  of  July,  eighteen  hundred  and  fifty- two, 

30366  (1852,)  which  shall  be  in  full  payment  of  said  balance,  principal 

30367  and  interest,  said  payments  to  be  made  and  applied,  under  the 

30368  direction  of  the  President,  as  follows,  to  wit  : 

30360  3d.  For  a  general  agricultural  improvement  and  civilization 

30370  fund,  the  sum  of  twelve  thousand  dollars,  ($12,000.)    ' 

30371  4th.  For  educational  purposes,  the  sum  of  six  thousand 

30372  dollars,  ($6,000.) 

30373  5th.  For  the  purchase  of  goods  and  provisions,  the  sum  of 

30374  ten  thousand  dollars,  ($10,000.) 

30375  6th.  For  money  annuity,  the  sum  of  thirty  thousand  dol- 

30376  lars,  ($30,000.) 

30377  ARTICLE  5.  The  entire  annuity,  provided  for  in  the  first 

30378  section  of  the  second  article  of  the  treaty  of  September  twenty- 
30370  ninth,  eighteen  hundred  and  thirty-seven,  (1837,)  including  an 
39380  unexpended  balance  that  may  be  in  the  Treasury  on  the  first  of 

30381  July,  eighteen  hundred  and  fifty-two,  (1852,)  shall  thereafter  be 

30382  paid  in  money. 

30383  ARTICLE  6.  The  laws  of  the  United  States  prohibiting  the 

30384  introduction  and  sale  of  spirituous  liquors  in  the  Indian  country 

30385  shall  be  in  full  force  and  effect  throughout  the  territory  hereby 


884 

39386  coded  and  lying  in  Minnesota  until  otherwise  directed  by  Con- 

39387  gress  or  the  President  of  the  United  States. 

39388  ARTICLE  7.  Rules  and  regulations  to  protect  the  rights  of 

39389  persons  and  property  among  the  Indian  parties  to  this  treaty, 

39390  and  adapted  to  their  condition  and  wants,  may  be  prescribed 

39391  and  enforced  in  such  manner  as  the  President  or  the  Congress 

39392  of  the  United  States,  from  time  to  time,  shall  direct. 

39393  ARTICLE  8.  Stricken  out. 

39394  SUPPLEMENTAL  ARTICLE. 

39395  1st.  The  United  States  do  hereby  stipulate  to  pay  the  Sioux 

39396  bands  of  Indians,  parties  to  this  treaty,  at  the  rate  of  ten  cents 

39397  per  acre  for  the  lands  included  in  the  reservation  provided  for 

39398  in  .the  third  article  of  the  treaty  as  originally  agreed  upon  in  the 

39399  following  words : 

39400  "  ARTICLE  3.  In  part  consideration  of  the  foregoing  cession 

39401  and  relinquishment,  the  United  States  do  hereby  set  apart  for 

39402  the  future  occupancy  and  home  of  the  Dakota  Indians,  parties 

39403  to  this  treaty,  to  be  held  by  them  as  Indian  lands  are  held,  a 

39404  tract  of  country  of  the  average  width  of  ten  miles  on  either  side 

39405  of  the  Minnesota  River,  and  bounded  on  the  west  by  the  Tchay- 
3940G  tain-bay  and  Yellow  Medicine  Rivers,  and  on  the  east  by  the 

39407  Little  Rock  River  and  a  line  running  due  south  from  its  mouth 

39408  to  the  Waraju  River;  the  boundaries  of  said  tract  to  be  marked 

39409  out  by  as  straight  lines  as  practicable,  whenever  and  in  such 

39410  manner  as  the  President  of  the  United  States  shall  direct :  Pro- 

39411  vidcd,  That  said  tract  shall  be  held  and  occupied  by  said  bands 

39412  in  common,  and  that  they  shall  hereafter  participate  equally 

39413  and  alike  in  all  the  benefits  derived  from  any  former  treaty  be- 

39414  tween  said  bands,  or  either  of  them,  and  the  United  States  j" 

39415  which  article  has  been  stricken  out  of  the  treaty  by  the  Senate. 

39416  The  said  payment  to  be  in  lieu  of  said  reservation;  the  amount, 

39417  when  ascertained  under  instructions  from  the  Department  of  the 

39418  Interior,  to  be  added  to  the  trust  fund  provided  for  in  the  fourth 

39419  article. 

39420  2d.  It  is  further  stipulated  that  the  President  be  authorized, 

39421  with  the  assent  of  the  said  bands  of  Indians,  parties  to  this 

39422  treaty,  and  as  soon  after  they  shall  have  given  their  assent  to 

39423  the  foregoing  article  as  may  be  convenient,  to  cause  to  be  set 
t24  apart,  by  appropriate  landmarks  and  boundaries,  such  tracts  of 
425  country  without  the  limits  of  the  cession  made  by  the  first  arti- 

39426  cle  of  the  treaty  as  may  be  satisfactory  for  their  future  occu- 

127  pancy  and  home  :  Provided,  That  the  President  may,  by  the  con- 

28  sent  of  these  Indians,  vary  the  conditions  aforesaid  if  deemed 
expedient.  (See  note  on  page  890.) 

39430  Proclaimed  Feb'y  24, 1853. 


885 

39431     Treaty  between  the   United  States  and  the  MendaivaJcanton  and 
Wahpakoota  bands  of  Dakota  or  Sioux  tribe   of  Indians, 

39433  concluded  at  Washington  June  19, 1858  :  ratified  by  the  Senate 

39434  March  9,  1859. 


39435 

39436 

39437 

39438 

39439 

39440 

39441 

39442 

39443 

39444 

39445 

39446 

39447 

39448 

39449 

39450 

39451 

39452 

39453 

39454 

39455 

39456 

39457 

39458 

39459 

39460 

39461 

39462 

39463 

39464 

39465 

39466 

39467 

39468 

39469 

39470 

39471 

39472 

'39473 

39474 

39475 


JAMES  BUCHANAN,  President  of  the  United  States  of  America, 
to  all  and  singular  to  whom  these  presents  shall  come, 
greeting : 

Whereas  a  treaty  was  made  and  concluded  at  the  city  of 
Washington  on  the  nineteenth  day  of  June,  one  thousand  eight 
hundred  and  fifty-eight,  by  Charles  E.  Mix,  commissioner  on  the 
part  of  the  United  States,  and  the  following-named  chiefs  and 
head-men  of  the  Mendawakanton  and  Wahpakoota  bands  of  the 
Dakota  and  Sioux  tribe  of  Indians,  viz,  Wabashaw>  Chetana- 
kooamonee,  Wasuhiyahidan,  Shakopee,  Wamindeetonkee,  Muz- 
zaojanjan,  Tachunrpeemuz-za,   Wakinyantowa,    Chunrpiyuha, 
Onkeeterhidan,  and  Wamouisa,  braves,  on  the  part  of  the  Men- 
dawakantons,  and  Hushawshaw,  chiefs,  and  Papa  and  Tatae- 
bomdu,  braves,  on  the  part  of  the  Wahpakootas,  they  being 
duly  authorized  and  empowered  to  act  for  said  bauds  j  which 
treaty  is  in  the  words  and  figures  following,  to  wit : 
Articles  of  agreement  and  convention  made  and  concluded  at 
the  city  of  Washington  on  the  nineteenth  day  of  June,  one 
thousand  eight  hundred  and  fifty-eight,  by  Charles  E.  Mix, 
commissioner  on  the  part  of  the  United  States,  and  the 
following-named  chiefs  and  head-men  of  the  Mendawakan 
ton  and  Wahpakoota  bands  of  the  Dakota  or  Sioux  tribe  of 
Indians,  viz,  Wabashaw,  Chetanakooamonee,  Washuhiya- 
hidan,  Shakopee,  Wamindeetonkee.  Muzzaojanjan,  and  Ma- 
kawto,  chiefs,  and  Hinhanduta,  Ha-raka-Muzza,  Wakano- 
jaujan,  Tachuurpee-muz-za,  Wakinyantowa,  Chunrpiyuha, 
Onkeeterhidan,  and  Wa  inouisa,  braves,  on  the  part  of  the 
Mendawakantons,  and  Hushawshaw,  chief,  and  Pa-Pa  and 
Tataebomdu,  braves,  on  the  part  of  the  Wahpakootas,  they 
being  duly  authorized  and  empowered  to  act  for  said  bands. 
ARTICLE  1.  It  is  hereby  agreed  and  stipulated  that,  as  soon 
as  practicable  after  the  ratification  of  this  agreement,  so  much 
of  that  part  of  the  reservation  or  tract  of  land  now  held  and 
possessed  by  the  Mendawakanton  and  Wahpakoota  bands  of  the 
Dakota  or  Sioux  Indians,  and  which  is  described  in  the  third 
article  of  the  treaty  made  with  them  on  the  fifth  day  of  August, 
one  thousand  eight  hundred  and  fifty-one,  which  lies  south  or 
south  west  wardly  of  the  Minnesota  Eiver,  shall  constitute  a  reser 
vation  for  said  bands,  and  shall  be  surveyed,  and  eighty  acres 
thereof,  as  near  as  may  be  in  conformity  with  the  public  surveys, 
be  allotted  in  severalty  to  each  head  of  a  family  or  single  person 


886 

39470  over  the  age  of  twenty-one  years  in  said  baud  of  Indians,  said 

39477  allotments  to  be  so  made  as  to  include  a  proper  proportion  of 

39478  timbered  laud,  if  the  same  be  practicable,  in  each  of  said  allot- 

39479  nieuts.    The  residue  of  said  part  of  said  reservation  not  so 

39480  allotted  shall  be  held  by  said  bauds  in  common  and  as  other 

39481  Indian  lands  are  held  :  Provided,  hoicevcr,  That  eighty  acres,  as 

39482  near  as  may  be,  shall,  in  like  manner  as  above  provided  for,  be 

39483  allotted  to  each  of  the  minors  of  said  bands  on  his  or  her  attain- 

39484  ing  their  majority,  or  on  becoming  heads  of  families  by  contracting 

39485  marriage,  if  neither  of  the.  parties  shall  have  previously  received 
394SG  laud. 

39487  All  the  necessary  expenses  i)f  the  surveys  and  allotments 

39488  thus  provided  for  shall  be  defrayed  out  of  the  funds  of  said 

39489  bauds  of  Indians  in  the  hands  of  the  Government  of  the  United 

39490  States. 

39491  As  the  members  of  said  bands  become  capable  of  managing 

39492  their  business  and  aifairs,  the  President  of  the  United  States 

39493  may,  at  his  discretion,  cause  pa-tents  to  be  issued  to  them  for  the 

39494  tracts  of  laud  allotted  to  them,  respectively,  in  conformity  with 

39495  this  article,  said  tracts  to  be  exempt  from  levy,  taxation,  sale, 

39496  or  forfeiture,  until  otherwise  provided  for  by  the  legislature  of 

39497  the  State  in  which  they  are  situated,  with  the  assent  of  Congress ; 

39498  nor  shall  they  be  sold  or  alienated  in  fee,  or  be  in  any  other 

39499  manner  disposed  of,  except  to  the  United  States  or  to  members 

39500  of  said  bands. 

39501  ARTICLE  2.  Whereas  by  the  treaty  with  the  Mendawakanton 

39502  and  Wahpakoota  bands  of  Sioux  Indians,  concluded  at  Mendota 

39503  on  the  fifth  day  of  August,  one  thousand  eight  hundred  and  fifty- 

39504  one,  (next  preceding  treaty.)  said  bands  retained  for  their  "  future 

39505  occupancy  and  home,"  "  to  be  held  by  them  as  Indian  lands  are 
3950G  held,  a  tract  of  country  of  the  average  width  of  ten  miles  on  either 

39507  side  of  the  Minnesota  River,"  extending  from  Little  Rock  River  to 

39508  the  Tchatamba  and  Yellow  Medicine  Rivers,  which  land  was  to 

39509  "  be  held  by  said  bands  in  common ;"  and  whereas  the  Senate  of 
•9510  the  United  States  so  amended  said  treaty  as  to  strike  therefrom 
39511  the  provision  setting  apart  said  land  as  a  home  for  said  bands, 

and  made  provision  for  the  payment  to  said  bands  "  at  the  rate 

>9513  of  ten  cents  per  acre  for  the  lauds  included  in  the"  said  tract  so 

39514  reserved  and  set  apart  for  the  "occupancy  and  home"  of  said 

>9515  bauds,  and  also  provided,  in  addition  thereto,  that  there  should 

19516  be  "set  apart,  by  appropriate  landmarks  and  boundaries,  such 

517  tracts  of  country  without  the  limits  of  the  cession  made  by  the 

first  article  of  the"  said  treaty  as  should  "  be  satisfactory  for  their 

future  occupancy  and  home,"  said  Senate  amendment  providing 

also  «  that  the  President  may,  with  the  consent  of  these  Indians, 

vary  the  conditions  aforesaid,  if  deemed  expedient,"  all  of  which 


887 


39522 
39523 
39524 
39525 
39526 
39527 
39528 
39529 
39530 
39531 
39532 
39533 
39534 
39535 
39536 
39537 
39538 
39539 
39540 
39541 
39542 
39543 
39544 
39545 
39546 
39547 
39548 
39549 
39550 
39551 
39552 
39553 
39554 
39555 
39556 
39557 
39558 
39559 
39560 
39561 
39562 
39563 
39564 
39565 
39566 
39567 


provisions  in  said  amendment  were  assented  to  by  said  Indians ; 
and  whereas  the  President  so  far  varied  the  conditions  of  said 
Senate  amendment  as  to  permit  said  bauds  to  locate  for  the 
time  being  upon  the  tract  originally  reserved  by  said  bands  for 
a  home,  and  no  "  tracts  of  country  without  the  limits  of  the 
cession"  made  in  the  said  treaty  has  [have]  ever  been  pro 
vided  for  or  offered  to  said  bands  ;  and  whereas  by  the  "  act 
making  appropriations  for  the  current  and  contingent  ex 
penses  of  the  Indian  Department  and  for  fulfilling  treaty 
stipulations  with  various  Indian  tribes,"  approved  July  31, 
1854,  the  President  was  authorized  to  confirm  to  the  Sioux  of 
Minnesota  forever  the  reserve  on  the  Minnesota  Eiver  now 
occupied  by  them,  upon  such  conditions  as  he  may  deem  just; 
and  whereas,  although  the  President  has  not  directly  con 
firmed  said  reserve  to  said  Indians,  they  claim  that  as  they  were 
entitled  to  receive  "  such  tracts  of  country  "  as  should  "  be  satis 
factory  for  their  future  occupancy  and  home,"  and  as  no  such 
country  has  been  provided  for,  or  offered  to,  said  bands,  it  is 
agreed  and  stipulated  that  the  question  shall  be  submitted  to 
the  Senate  for  decision  whether  they  have  such  title  5  and  if 
they  have,  what  compensation  shall  be  made  to  them  for  that 
part  of  said  reservation  or  tract  of  land  lying  on  the  north  side 
of  the  Minnesota  Eiver  5  whether  they  shall  be  allowed  a  specific 
sum  of  money  therefor,  and,  if  so,  how  much ;  or  whether  the 
same  shall  be  sold  for  their  benefit,  they  to  receive  the  proceeds 
of  such  sale,  deducting  the  necessary  expenses  incident  thereto. 
Such  sale,  if  decided  in  favor  of  by  the  Senate,  shall  be  made 
under  and  according  to  regulations  to  be  prescribed  by  the  Sec 
retary  of  the  Interior,  and  in  such  manner  as  will  secure  to  them 
the  largest  sum  it  may  be  practicable  to  obtain  for  said  land. 

ARTICLE  3.  It  is  also  agreed  that  if  the  Senate  shall  au 
thorize  the  land  designated  in  article  two  of  this  agreement  to 
be  sold  for  the  benefit  of  the  said  Mendawakauton  and  Wah- 
pakoota  bands,  or  shall  prescribe  an  amount  to  be  paid  said 
bands  for  their  interest  in  said  tract,  provision  shall  be  made  by 
which  the  chiefs  and  head-men  of  said  bands  may,  in  their  dis 
cretion,  in  open  council,  authorize  to  be  paid  out  of  the  proceeds 
of  said  tract,  such  sum  or  sums  as  may  be  found  necessary  and 
proper,  not  exceeding  seventy  thousand  dollars,  to  satisfy  their 
just  debts  and  obligations,  and  to  provide  goods  to  be  taken  by 
said  chiefs  and  head-men  to  the  said  bauds  upon  their  return  : 
Provided,  hoicever.  That  their  said  determinations  shall  be  ap 
proved  by  the  superintendent  of  Indian  affairs  for  the  northern 
superin tendency  for  the  time  being,  and  the  said  payments  be 
authorized  by  the  Secretary  of  the  Interior. 

ARTICLE  4.  The  lands  retained  and  to  be  held  by  the  mem- 


888 

39568  bcrs  of  the  Mendawakauton  and  Walipakoota  bands  of  the 

39569  Dakota  or  Sioux  Indians,  under  and  by  virtue  of  the  first  article 

39570  of  this  agreement,  shall,  to  all  intents  and  purposes  whatever, 

39571  be  deemed  and  held  to  be  an  Indian  reservation  ;  and  the  laws 

39572  which  have  been  or  may  hereafter  be  enacted  by  Congress,  to 

39573  regulate  trade  and  intercourse  with  the  Indian  tribes,  shall  have 

39574  full  force  and  effect  over  and  within  the  limits  of  the  same $  and 

39575  no  person  other  than  the  members  of  the  said  bands,  to  be  ascer- 

39576  tained  and  defined  under  such  regulations  as  the  Secretary  of 

39577  the  Interior  shall  prescribe,  unless  such  as  may  be  duly  licensed 

39578  to  trade  with  said  bands,  or  employed  for  their  benefit,  or  mem- 

39579  bers  of  the  family  of  such  persons,  shall  be  permitted  to  reside 

39580  or  make  any  settlement  upon  any  part  of  said  reservation  ;  and 

39581  the  timbered  laud  allotted  to  individuals,  and  also  that  reserved 

39582  for  subsequent  distribution,  as  provided  in  the  first  article  of 

39583  this  agreement,  shall  be  free  from  all  trespass,  use,  or  occupation, 

39584  except  as  hereinafter  provided. 

39585  ARTICLE  5.  The  United  States  shall  have  the  right  to  estab- 
3J586  lish  and  maintain  upon  said  reservation  such  military  posts, 

39587  agencies,  schools,  mills,  shops,  roads,  and  agricultural  or  me- 

39588  chanical  improvements  as  may  be  deemed  necessary,  but  no 

39589  greater  quantity  of  land  or  timber  shall  be  taken  and  used  for 

39590  said  purposes  than  shall  be  actually  requisite  therefor.    And  if 

39591  in  the  establishment  or  maintenance  of  such  posts,  agencies, 

39592  roads,  or  other  improvements,  the  timber  or  other  property  of 

39593  any  individual  Indian  shall  be  taken,  injured,  or  destroyed,  just 

39594  and  adequate  compensation  shall  be  made  therefor  by  the  United 

39595  States.    Eoads  or  highways  authorized  by  competent  authority 

39596  other  than  the  United  States,  the  lines  of  which  shall  lie  through 

39597  said  reservation,  shall  have  the  right  of  way  through  the  same, 

39598  upon  the  fair  and  just  value  of  such  right  being  paid  to  the  said 
39599-  Mendawakanton  and  Wahpakoota  bands  by  the  party  or  parties 
39600  authorizing  or  interested  in  the  same,  to  be  assessed  and  deter- 
3)601  mined  in  such  manner  as  the  Secretary  of  the  Interior  shall 

39602  direct. 

39603  ARTICLE  6.  The  Mendawakanton  and  Wakpakoota  bands 

39604  of  Dakota  or  Sioux  Indians  acknowledge  their  dependence  on 

39605  the  Government  of  the  United  States,  and  do  hereby  pledge  and 

39606  bind  themselves  to  preserve  friendly  relations  with  the  citizens 
!9607  thereof,  and  to  commit  no  injuries  or  depredations  on  their  per- 

39608  sons  or  property,  nor  on  those  of  the  members  of  any  other  tribe ; 

>609  but  in  case  of  any  such  injury  or  depredation,  full  compensation 

610  shall,  as  far  as  practicable,  be  made  therefor  out  of  their  moneys 

311  iiTthe  hands  of  the  United  States,  the  amount  in  all  cases  to 

be  determined  by  the  Secretary  of  the  Interior.    They  further 

39613  pledge  themselves  not  to  engage  in  hostilities  with  the  Indians  of 


889 

39614  any  other  tribe  unless  in  self-defence,  but  to  submit,  through  their 

39615  agent,  all  matters  of  dispute  and  difficulty  between  themselves  and 

39616  other  Indians  for  the  decision  of  the  President  of  the  United  States, 
-3961 7  and  to  acquiesce  in  and  abide  thereby.     They  also  agree  to  deliver 

39618  to  the  proper  officers  all  persons  belonging  to  their  said  bands 

39619  who  may  become  offenders  against  the  treaties,  laws,  or  rcgula- 

39620  tions  of  the  United  States,  or  the  laws  of  the  State  of  Minnesota, 

39621  and  to  assist  in  discovering,  pursuing,  and  capturing  all  such 

39622  offenders  whenever  required  so  to  do  by  such  officers,  through 

39623  the  agent  or  other  proper  officer  of  the  Indian  Department. 

39624  ARTICLE  7.  To  aid  in  preventing  the  evils  of  intemperance, 

39625  it  is  hereby  stipulated  that  if  any  of  the  members  of  the  said 

39626  Mendawakanton  or  Wahpakoota  bands  of  Sioux  Indians  shall 

39627  drink,  or  procure  for  others,  intoxicating  liquors,  their  proportion 

39628  of  the  annuities  of  said  bands  shall,  at  the  discretion  of  the 

39629  Secretary  of  the  Interior,  be  withheld  from  them  for  the  period 

39630  of  at  least  one  year;  and  for  a  violation  of  any  of  the  stipulations 

39631  of  this  agreement,  on  the  part  of  any  members  of  said  bauds, 

39632  the  persons  so  offending  shall  be  liable  to  have  their  annuities 

39633  withheld,  and  to  be  subject  to  such  other  punishment  as  the 

39634  Secretary  of  the  Interior  may  prescribe. 

39635  ARTICLE  8.  Such  of  the  stipulations  of  former  treaties  as 

39636  provided  for  the  payment  of  particular  sums  of  money  to  the 

39637  said  Mendawakanton  and  Wahpakoota  bands,  or  for  the  appli- 

39638  cation  or  expenditure  of  specific  amounts  for  particular  objects 

39639  or  purposes,  shall  be,  and  hereby  are,  so  amended  and  changed 

39640  as  to  invest  the  Secretary  of  the  Interior  with  discretionary 
.39641  power  in  regard  to  the  manner  and  objects  of  the  annual  expeudi 

39642  tn re  of  all  such  sums  or  amounts  which  have  accrued  aud  are 

39643  now  due  to  said  bands,  together  with  the  amount  the  said  bands 

39644  shall  become  annually  entitled  to  under  and  by  virtue  of  the  pro- 
39615  visions  of  this  agreement:  Provided,  The  said  sums  or  amounts 

39646  shall  be  expended  for  the  benefit  of  said  bands  at  such  time  or 

39647  times  and  in  such  manner  as  the  said  Secretary  shall  deem  best 

39648  calculated  to  promote  their  interests,  welfare,  and  advance  in 

39649  civilization.     And  it  is  further  agreed  that  such  change  may  be 

39650  made  in  the  stipulations  of  former  treaties  which  provide  for  the 

39651  payment  of  particular  sums  for  specified  purposes  as  to  permit 

39652  the  chiefs  and  braves  of  said  bands,  or  any  of  the  subdivisions 

39653  of  said  bands,  with  the  sanction  of  the  Secretary  of  the  Interior, 

39654  to  authorize  such  payment  or  expenditures  of  their  annuities, 

39655  or  any  portion  thereof,  which  are  to  become  due  hereafter,  as 

39656  may  be  deemed  best  for  the  general  interests  and  welfare  of  the 

39657  said  bands  or  subdivisions  thereof. 

39658  ARTICLE  9.  As  the  Senate  struck  from  the  treaty  with  the 
33859  Mendawakant  >u   ba'id   of   Sioux:   of  the   twenty-ninth  day  of 

112  I  T 


890 

39GGO  September,  one    thousand    eight    hundred    and    thirty-seven, 

39661  (proclaimed    January   15,    1838;     see    page    878,)   the    ninth 

39G62  clause  of   the  second    article    and    the  whole    of   the    third 

39663  article  of  said  treaty,  which  provided  for  the  payment  of  four , 

39664  hundred  and  fifty  (450)  dollars  annually,  for  twenty  years,  to 
39GG5  Scott  Campbell,  and  confirmed  to  the  said  Scott  Campbell  a  title 
39GGG  to  five  hundred  (500)  acres  of  laud  which  he  then  occupied,  said 
39GG7  payment  and  land  being  deemed  by  said  Indians  to  form  a  part 
39GGS  of  the  consideration  for  which  they  ceded  to  the  United  States 
39GG9  a  certain  tract  of  land  in  said  treaty  specified,  which  reduction, 
39(570  in  the  consideration  for  said  laud,  has  never  been  sanctioned  by 
-IIMJ7 L  said  Indians,  the  said  Mendawakautons  and  Wahpakoota  bands 
:;9G7i!  iio\v  request  that  provision  be  made  for  the  payment  of  the  sum 
:;9073  of  ten  thousand  (10,000)  dollars  to  A.  J.  Campbell,  the  son  of 
39074  said  Scott  Campbell,  now  deceased,  in  full  consideration  of  the 
.'JIM575  money  stipulated  to  be  paid  and  land  confirmed  to  said  Scott 
.'59076  CampbelHii  the  original  draft  of  said  treaty  aforesaid ;  which 
:>%77  subject  is  hereby  submitted  to  the  Senate  for  its  favorable  con- 
39G78  sitleration. 

:>9G79  ARTICLED.   The  expenses  attending  the  negotiation  of 

:  »9i ISO  this  agreement  shall  be  defrayed  by  the  United  States. 
:J90,si  N.  B.— By  the  first  section  of  the  act  of  February  1C,  180,3, 

:'>9Gsi>  12th  Statutes  at  Large,  page  G52,  it  is  provided  as  follows :  That 

39683  all  treaties  heretofore  made  and  entered  into  by  the  Sisseton, 

39G84  Wahpaton,  Medawakanton,  and  Wahpakoota  bands  of  Sioux  or 

:59G,sr>  Dakota  Indians,  or  any  of  them,  with  the  United  States,  are 

;»9G86  hereby  declared  to  be  abrogated  and  annulled,  so  far  as  said 

.".9GS7  treaties  or  any  of  them  purport  to  impose  any  future  obligation 

39688  on  the  United  States,  and  all  lands  and  rights  of  occupancy 

390S9  within  the  State  of  Minnesota,  and  all  annuities  and  claims  here- 

3'M>90  tofore  accorded  to  said  Indians,  or  any  of  them,  to  be  forfeited 

39691  to  the  United  States. 
39ii9i'  Proclaimed  March  31,  1859. 


SIOUX— MIXNECOXJON  BAND. 

39694  Treaty  between  the  United  States  of  America  and  the  Minnecon. 
jon  band  of  Dakota  or  Sioux  Indians,  concluded  October  10, 
1865;  ratification  advised,  with  amendment,  March  5,  1860; 

:{-»G97  proclaimed  March  17,  I860. 

ANDTIEW  JOHNSON,  President  of  the  United  States  of  America, 
to  all  and  singular  to  whom  these  presents  shall  come,  greet- 
o9i()0  incv: 

Whereas  a  treaty  was  made  and  concluded  at  Fort  Sully,  in 

the  Territory  of  Dakota,  on  the  tenth  day  of  October,  in  the 

tr  of  our  Lord  one  thousand  eight  hundred  and  sixty-five,  by 


891 


39704 
30705 
39706 
39707 
39708 
39709 
39710 
39711 
39712 

39713 
39714 
39715 
39716 
39717 
39718 
39719 
39720 
39721 
39722 
39723 
39724 
39725 
39726 
39727 
39728 
39729 
39730 
39731 
39732 
39733 
39734 
39735 
39736 
39737 
39738 
39739 
39740 
39741 
39742 
39743 
39744 
39745 
39746 
39747 
39748 
39749 


and  between  Newton  Edmunds,  Edward  B.  Taylor,  Major-Gen 
eral  S.  K.  Curtis,  Brigadier-General  H.  H.  Sibley,  Henry  W. 
Reed,  and  Orrin  Guernsey,  commissioners  on  the  part  of  the 
United  States,  arid  Hah-wah-zce-dan,  (the  Lone  Horn,)  Tah-ke- 
chah-hoosh-tay,  (the  Lame  Deer,)  and  other  chiefs  and  head-men 
of  the  Minneconjon  band  of  Dakota  or  Sioux  Indians,  on  the 
part  of  said  baud  of  Indians,  and  duly  authorized  thereto  by 
them,  which  treaty  is  in  the  words  and  figures  following,  to 
wit : 

Articles  of  a  treaty  made  and  concluded  at  Fort  Sully,  in  the 
Territory  of  Dakota,  by  and  between  Newton  Edmunds, 
governor  and  ex-officio  superintendent  of  Indian  affairs  of 
Dakota  Territory,  Edward    B.    Taylor,  superintendent  of 
Indian  affairs  for    the  northern    superintendency,   Major- 
Geueral    S.   R.   Curtis,   Brigadier-General    H.    H.    Sibley, 
Henry  W.  Eeed,  and  Orrin  Guernsey,  commissioners  on 
the  part  of  the  United  States,  duly  appointed  by  the  Presi 
dent,  and  the  undersigned  chiefs  and  head-men  of  the  Miu- 
neconjou  band  of  Dakota  or  Sioux  Indians. 
ARTICLE  1.  The  Miuneconjon  band  of  Dakota  or  Sioux  In 
dians,  represented  in  council,  hereby  acknowledge  themselves  to 
be  subject  to  the  exclusive  jurisdiction  and  authority  of  the 
United  States,  and  hereby  obligate  and  bind  themselves  indi 
vidually  and  collectively  not  only  to  cease  all  hostilities  against 
the  persons  and  property  of  its  citizens,  but  to  use  their  influ 
ence,  and,  if  requisite,  physical  force,  to  prevent  other  bands  of 
the  Dakota  or  Sioux  or  other  adjacent  tribes  from  making  hos 
tile  demonstrations  against  the  Government  or  people  of  the 
United  States. 

ARTICLE  2.  Inasmuch  as  the  Government  of  the  United 
States  is  desirous  to  arrest  the  effusion  of  blood  between  the 
Indian  tribes  within  its  jurisdiction  hitherto  at  war  with  each 
other,  the  Minneconjon  band  of  Dakotas  or  Sioux,  represented 
in  council,  anxious  to  respect  the  wishes  of  the  Government, 
hereby  agree  and  bind  themselves  to  discontinue  for  the  future 
all  attacks  upon  the  persons  or  property  of  other  tribes  unless 
first  assailed  by  them,  and  to  use  their  influence  to  promote 
peace  everywhere  in  the  region  occupied  or  frequented  by 
them. 

ARTICLE  3.  All  controversies  or  differences  arising  between 
the  Minnecoujou  band  of  Dakotas  or  Sioux,  represented  in  coun 
cil,  and  other  tribes  of  Indians,  involving  the  question  of  peace 
or  war,  shall  be  submitted  to  the  arbitrament  of  the  President, 
or  such  person  or  persons  as  may  be  designated  by  him,  and 
the  decision  or  award  faithfully  observed  by  the  said  band  rep 
resented  in  council. 


892 

ARTICLE  4.  The  said  band,  represented  in  council,  shall 
withdraw  from  the  routes  overland  already  established  or  here- 


vn.)i  wimuitt"  »  .  1 

30751'  after  to  be  established  through  their  country ;  and  m  c 

30753 

30754 

30755  i \\IMI i  \   >v<n'7  ...  K.V.V,.-  — 

;;0750  may  direct:  Prowled,  That  said  band  so  represented  in  council 


i-  o 
•W33      ion  thereof  the  Government  of  the  United  States  agree  to  pay 

SO-54 

twenty  years  in  such  articles  as  the  Secretary  of  the  Interior 


11011    Ulfi«.-ui     t 

tiu.  said  band  the  sum  of  ten  thousand  dollars  annually  for 
twenty  years  in  such  articles  as  the  Secretary  of  the  Int 
may  direct:  Prodded,  That  said  band  so  represented  in  co 
shall  faithfully  conform  to  the  requirements  of  this  treaty. 


39758  ARTICLES.  Should  any  individual  or  individuals  or  poi- 

30750    tioii  of  the  baud  of  the  Minneconjon  band  of  Dakotas  or  Sioux, 


39760  represented  in  council,  desire  hereafter  to  locate  permanently 

;;07<H  upon  any  part  of  the  lands  claimed  by  the  said  band  for  the 

M07HL!  purpose  [of  J  agricultural  or  other  pursuits,  it  is  hereby  agreed 

39763  by  the  parties  to  this  treaty  that  such  individual  or  individuals 

;;o7ill  shall  be  protected  in  such  location   against  any  annoyance  or 

;;07<55  molestation  on  the  part  of  whites  or  Indians. 
;;o7»;<;  ARTICLE  0.  Any  amendment  or  modification  of  this  treaty 

30707  by  the  Senate  of  the  United  States  shall  be  considered  final  and 

;;!»7»;s  binding  upon  the  said  band,  represented  in  council,  as  a  part  of 

3:>7iiO  this  treaty  in  the  same  manner  as  if  it  had  been  subsequently 

.10770  presented  and  agreed  to  by  the  chiefs  and  head-men  of  said 

30771  band. 

30772  Proclaimed  March  17,  1800. 


.50773  SIOUX—  LOWER  BRUSLtf  BAND. 

30774  \Treaty  between  the  United  Mates  of  America  and  the  Lower  Brute 

30775  band  of  Dakota    or  Sioux   Indians,  concluded    October   14, 
1S05;  ratification  adcised,  with  amendment,  March  5, 


30777  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

30778  to  all  and  singular  to  whom   these   presents   shall  come, 
.'50770  greeting: 

307*o  Whereas  a  treaty  was  made  and  concluded  at  Fort  Sully,  in 

307SI  the  Territory  of  Dakota,  on  the  fourteenth  day  of  October,  in 

307*1'  tin-  year  of  our  Lord  one  thousand  eight  hundred  and  sixty-five, 

307S3  by  and  between  Newton  Edmunds,  Edward  B.  Taylor,  Major- 

30784  General  S.  U.  Curtis,  Brigadier-General  IF.  II.  Sibley,  Henry  W. 

30785  Reed,  and  Orrin  Guernsey,  commissioners  on  the  part  of  the 
31)780  United  States,  and  Muz-zah-wy-ah-tay,  (the  Iron  Nation,)  Tah- 

30787  ton-kah-wak  kon,  (Medicine  Ball,)  and  other  chiefs  and   head- 

30788  men  of  the  Lower  Brule  band  of  Dakota  or  Sioux  Indians,  on 
30  4  89  the  part  ot  said  band  of  Indians,  and  duly  authorized  thereto  by 
39700  them,  which  treaty  is  in  the  words  and  figures  following,  to 
39791  wit: 


39792 
39793 
39794 
39795 
39790 
39797 
39798 
39799 
39800 
39801 
39802 
39803 
39804 
39805 
39800 
39807 
39808 
39809 
39810 
3981 1 
39812 
39813 
39814 
39815 
3981G 
39817 
39818 
39819 
39820 
39821 
39822 
39823 
39824 
39825 
3982G 
39827 
39828 
39829 
39830 
39831 
39832 
39833 
39834 
39835 
3983G 
•*  39837  - 


893 

Articles  of  a  treaty  made  and  concluded  at  Fort  Sully,  in  the 
Territory  of  Dakota,  by  and  between  Newton  Edmunds, 
governor  and  ex-offlcio  superintendent  of  Indian  affairs  ot 
Dakota  Territory,  Edward  B.  Taylor,  superintendent  of  In 
dian  affairs  for  the  northern  superinteudency,  Major-Cren- 
eral  S.  K.Curtis,  Brigadier  General  II.  II.  Sibley,  Henry  W. 
Keed,  and  Orrin  Guernsey,  commissioners  on  the  part  of  the 
United  States,  duly  appointed  by  the  President,  and  the  un 
dersigned  chiefs  and  head-men  of  the  Lower  Brule  band  of 
Dakota  or  Sioux  Indians. 

ARTICLE  1.  The  Lower  Brule  band  of  Dakota  or  Sioux  In 
dians,  represented  in  council,  hereby  acknowledge  themselves 
to  be  subject  to  the  exclusive  .jurisdiction  and  authority  of  the 
United  States,  and  hereby  obligate  and  bind  themselves,  individ 
ually  and  collectively,  not  only  to  cease  all  hostilities  against 
the  persons  and  property  of  its  citi/ens,  but  to  use  their  influ 
ence,  and,  if  necessary,  physical  force,  to  prevent  other  bands 
of  the  Dakota  or  Sioux,  or  other  adjacent  tribes,  from  making 
hostile  demonstrations  against  the  Government  of  the  United 
States  or  its  people. 

ARTICLE  2.  Inasmuch  as  the  Government  of  the  United 
States  is  desirous  to  arrest  the  effusion  of  blood  between  the 
Indian  tribes  within  its  jurisdiction  hi  there  to  at  Avar  with  each 
other,  the  Lower  Brule  band  of  Dakotas  or  Sioux,  represented 
in  council,  anxious  to  respect  the  wishes  of  the  Government, 
hereby  agree  and  bind  themselves  to  discontinue  for  the  future 
all  attacks  upon  the  persons  or  property  of  other  tribes,  unless 
first  assailed  by  them,  and  to  use  their  influence  to  promote 
peace  everywhere  in  the  region  occupied  or  frequented  by  them. 
ARTICLE  3.  All  controversies  or  differences  arising  between 
the  Lower  Brule  band  of  Dakotas  or  Sioux,  represented  in 
council,  and  other  tribes  of  Indians,  involving  the  question  of 
peace  or  war,  shall  be  submitted  for  the  arbitrament  of  the 
President,  or  such  person  or  persons  as  may  be  designated  by 
by  him,  and  the  decision  or  award  faithfully  observed  by  the 
said  band  represented  in  council. 

ARTICLE  4.  The  said  band  represented  in  council  shall  with 
draw  from  the  routes  overland  already  established,  or  hereafter 
to  be  established  through  their  country;  and  in  consideration 
thereof,  the  Government  of  the  United  States  agree  to  pay  to 
the  said  band  the  sum  of  six  thousand  dollars  annually,  for 
twenty  years,  in  such  articles  as  the  Secretary  of  the  Interior 
may  direct:  Proti<le<l,  That  said  band  so  represented  in  council 
shall  faithfully  conform  to  the  requirements  of  this  treaty. 

ARTICLE  5.  Should  any  individual  or  individuals,  or  por 
tion  of  the  Lower  Brule  band  of  Dakotas  or  Sioux,  represented 


894 

39838  in  council,  desire  hereafter  to  locate  permanently  upon  any  part 

39839  of  the  lands  claimed  by  the  said  band  for  the  purpose  of  agri- 

39840  cultural  or  other  pursuits,  it.  is  hereby  agreed  by  the  parties  to 
•51)811  this  treaty  that  such  individual  or  individuals  shall  be  protected 
;  $98-11?  in  such  location  against  any  annoyance  or  molestation  on  the  part 
39813  of  whites  or  Indians. 

39841  AiM'K'i.u  (I.  It  is  hereby  agreed  upon  the  part  of  the  Gov- 
3981.~»  eminent  of  the  United  States  that  the  said  band  of  Lower  Brules 
39810  shall  locate  on  a  permanent  reservation  at  or  near  the  mouth  of 
39817  the.  While   Kiver,  to  include  Fort  Lookout,  twenty  miles  in  a 
.'.lists  straight  line  along  the  Missouri  liiver,  and  ten  miles  in  depth  ; 
39SI!)  and  that  upon  the  actual  occupation  of  not  less  than  titty  lodges 
39,sriO  or  families  of  said  reservation,  and  their  engaging  permanently 
s:isr>l  in  agricultural  and  other  kindred  pursuits,  the  Government  of 
39S."ii.'  the  Tinted  States  agree  to  furnish  at  its  own  cost  the  sum  of 
398.VJ  twenty-live  dollars  for  each  and  every  lodge  or  family  so  en- 
398.~>1  gaged,  as  a,  common  fund,  to  be  expended  in  stock,  agricultural 
39S.V)  and  other  implements,  and  general  improvements,  as  shall  be  di- 
3'.»s;>0  reeled  by  the  Secretary  of  the  Interior;  the  said  sum  to  be  fur- 
39S,">7  nished  annually  for  live  years;    it  being  understood   that  the 
39S.")S  s  lid  stock,  agricultural  and  other  implements,  shall  be  and  re- 
39S.V.)  main  the  property  of  the  United  States,  to  be  used  and  eni- 
3DSOO  ployed  for  the  exclusive  benefit  of  the  lodges  or  families  so  lo 

39801  cated,  and  in  no  case  to  be  sold  or  alienated  by  the  said  band  or 

39802  any  member  thereof;  and  the   United  States  further  engage  to 
398(13  employ,  at  its  own  cost,  a  blacksmith  and  farmer  for  the  benefit 
39801  of  the  said  lodges  or  families. 

39805  The  United  States  reserve  the  right  to  construct  a  road  or 

39800  roads  through  the  said  reservation. 

39807  Xo  white  person,  other  than  officers,  agents,  or  employes  of 

'••SOS  the  United  States,  shall  be  permitted  to  go  on  or  remain  on  the 

3980!)  said  reservation,  unless  previously  admitted  as  a  member  of  the 

.'59870  said  band  according  to  their  usages. 

Whenever  the  Secretary  of  the  Interior  may   so  direct, 
schools  for  the  instruction  of  the  said  band  may  be  opened  on 

39873  the  said  reservation. 

AUTIOLE  8.  The  undersigned  chiefs  of  the  Brules  hereby 
further  agree  that  should  the  Two  Kettles  band  of  the  Dakota 


or  Sioux  Indians  be  located  adjoining  them,  they  will  cheerfully 
How  them  to  do  so,  and  also  agree  that  the  employes  secured 
to  the  Brules  may  be  used  also  for  the  joint  benefit  of  the  said 
Two  Kettles,  at  the  discretion  of  the  Government. 

ARTICLE  8.  Any  amendment  or  modification  of  this  treaty 
by  the  Senate  of  the  United  States  shall  be  considered  filial  and 
>mding  upon  the  said  band  represented  in  council  as  a  part  of 


895 

39883  this  treaty,  in  the  same  manner  as  if  it  had  been  subsequently 

39884  presented  and  agreed  to  by  the  chiefs  and  head-men  of  said  band. 

39885  Proclaimed  March  17,  18GG. 


39886 


SIOUX— TWO  KETTLE  BAND. 


39887  Treaty  between  the  United  States  of  America  and  the  Two-Kettles 

39888  Hand  of  Dakotah  or  Sioux  Indians  ;   concluded  October  19, 

39889  18G5  j  ratification  advised,  with  amendment,  March  5,  18GG. 

39890  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

39891  to  all  and  singular  to  whom  these  presents  shall  come,  greet- 

39892  ing : 

39893  Whereas  a  treaty  was  made  and  concluded  at  Fort  Sully,  in 
39891  the  Territory  of  Dakota,  on  the  nineteenth  day  of  October,  in 
39895  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty-five, 
3989G  by  and  between  Newton  Edmunds,  Edward  I>.  Taylor,  Major- 

39897  General  S.  R.  Curtis,  Brigadier-General  II.  II.  Sibley,  Henry  W. 

39898  Reed,  and  Orrin  Guernsey,  commissioners  on  the  part  of  the 

39899  United  States,   and   Cha-tan-skah,   (The  White  Hawk,)  E-to- 

39900  ke-ah,  (The  Hump,)  and  other  chiefs  and  head-men  of  the  Two- 

39901  Kettles  bands  of  Dakota  or  Sioux  Indians,  on  the  part  of  "said 

39902  band  of  Indians,  and  duly  authorized  thereto  by  them,  which 

39903  treaty  is  in  the  words  and  figures  following,  to  Avit : 

39901  Articles  of  a  treaty  made  and  concluded  at  Fort  Sully,  in  the 

39905  Territory  of  Dakota,  by  and  between  Newton   Edmunds, 

3990G  governor  and  ex-ofiicio  superintendent  of  Indian  affairs  of 

39907  Dakota  Territory,  Edward  B.  Taylor,  superintendent  of  In- 

39908  dian  aftairs  for  the  northern  superintendency,  Major-G eneral 

39909  S.  R.  Curtis,  Brigadier-General  II.  II.  Sibley,  Henry  W. 

39910  Reed,  and  Orrin  Guernsey,  commissioners  on  the  part  of 

3991 1  the  United  States,  duly  appointed  by  the  President,  and  the 

39912  undersigned,  chiefs  and  head-men  of  the  Two-Kettles  band 

39913  of  Dakota  or  Sioux  Indians. 

39914  ARTICLE  1.  The  Two-Kettles  band  of  Dakota  or  Sioux  In- 

39915  dians,  represented  in  council,  hereby  acknowledge  themselves  to 
3991G  be  subject  to  the  exclusive  jurisdiction  and  authority  of  the 

39917  United  States,  and  hereby  obligate  and  bind  themselves,  indi- 

39918  vidually  and  collectively,  not  only  to  cease  alt  hostilities  against 

39919  the  persons  and  property  of  its  citizens,  but  to  use  their  in- 

39920  Huence,  and,  if  necessary,  physical  force,  to  prevent  other  bands 

39921  of  the  Dakota  or  Sioux,  or  other  ajljacent  tribes,  from  making 

39922  hostile  demonstrations  against  the  Government  of  the  United 

39923  States,  or  its  people. 


89  G 

39924  ARTICLE  2.  Inasmuch  as  the  Government  of  the  United 

39925  States  is  desirous  to  arrest  the  effusion  of  blood  between  the 

39926  Indian  tribes  within  its  jurisdiction,  hitherto  at  war  with  each 

39927  other,  the  Two- Kettles  band  of  Dakota  or  Sioux,  represented  in 

39928  council,  anxious  to  respect  the  wishes  of  the  Government,  here- 

39929  by  agree  and  bind  themselves  to  discontinue  for  the  future  all 

39930  attacks  upon  the  persons  or  property  of  other  tribes,  unless  first 
399:51  assailed  by  them,  and  to  use  their  influence  to  promote  peace 

39932  everywhere  in  the  region  occupied  or  frequented  by  them. 

39933  A  KTICLK  3.  All  controversies  or  differences  arising  between 
399:;  1  the  Two  Kettles  band  of  Dakota  or  Sioux,  represented  in  council, 
39935  and  other  tribes  of  Indians,  involving  the  question  of  peace  or 
39930  war,  shall  be  submitted  for  the  arbitrament  of  the  President,  or 
39937  such  person  or  persons  as  may  be  designated  by  him,  and  the 
3993S  decision  or  award  faithfully  observed  by  the  said  band,  repre- 
39939  sented  in  council. 

39910  ARTICLE  4.  The  said  band,  represented  in  council,  shall 

39911  withdraw  from  the  routes  overland  already  established,  or  here- 
39942  after  to  be  established,  through  their  country;  and,  in  cousidera- 
39913  tion  thereof,  the  Government  of  the  United  States  agree  to  pay 
3991 1  to  the  said  band  the  sum  of  six  thousand  dollars  annually,  for 
3991.")  twenty  years,  in  such  articles  as  the  Secretary  of  the  Interior 
39910  may  direct:   Prorifled,  That  the  said  band  so  represented   in 
399 17  council  shall  faithfully  conform  to  the  requirements  of  this  treaty. 
399  IS  ARTICLE  5.  Should  any  individual  or  individuals,  or  portion  of 
399 19  the  band  of  the  Two-Kettles  band  of  Dakota  or  Siouxlndians,  rep- 
39950  resented  in  council,  desire  hereafter  to  locate  permanently  upon 
399,"i  1  .any  part  of  the  land  claimed  by  the  said  band,  for  the  purpose  of 
39952  agricultural  or  other  pursuits,  it  is  hereby  agreed  by  the  parties  to 
399."»3  this  treaty  that  such  individual  or  individuals  shall  be  protected  in 
399.") t  such  location  against  any  annoyance  or  molestation  on  the  part 
39955  of  whites  or  Indians;  and  where  twenty  lodges  or  families  of 
39950  the  Two  Kettles  band  shall  have  located  on  lands  for  agricultural 
39957  purposes,  and  signified  the  same  to  their  agent  or  superintendent, 
399.~>S  they,  as  well  as  other  families  so  locating,  shall  receive  the  sum 
39959  of  twenty-live  dollars  annually,  for  live  years,  for  each  family, 

39900  in  agricultural  implements  and  improvements;  and  when  one 

39901  hundred  lodges  or  families  shall  have  so  engaged  in  agricultural 

39902  pursuits,  they  shall  be  entitled  to  a  farmer  and  blacksmith,  at 
9:MI3  the  expense  of  the  Government,  also  teachers,  at  the  option  of 
1)964  the  Secretary  of  the  Interior,  when  deemed  necessary. 

AiM'i<'Li;0.  Soldiers  in  the  United  States  service  having 

9960  killed  Ish-tah-chah-ne-aha,  (Pulling  Eyes,)  a  friendly  chief  of  the 

•907  Two-Kettles  band  of  Dakota  or  Sioux  Indians,  it  is  hereby  agreed 

that  the  Government  of  the  United  States  shall  cause  to  be  paid 

39969  to  the  surviving  widow  of  the  deceased,  and  his  children,  seven- 


897 

39970  teen  in  number,  the  sum  of  five  hundred  dollars ;  and  to  the 

39971  said  tribe  or  band,  in  common,  as  indemnity  for  killing  said  chief, 

39972  the  sum  of  five  hundred  dollars,  said  payment  to  be  made  under 

39973  the  direction  of  the  Secretary  of  the  Interior. 

39974  ARTICLE  7.  Any  amendment  or  modification  of  this  treaty 

39975  by  the  Senate  of  the  United  States  shall  be  considered  final  and 

39976  binding  upon  the  said  band,  represented  in  council,  as  a  part  of 

39977  this  treaty,  in  the  same  manner  as  if  it  had  been  subsequently 

39978  presented  and  agreed  to  by  the  chiefs  and  head-men  of  said 

39979  band. 

39980  Proclaimed  March  17,  1866. 


39981 


SIOUX— SANS  AEG  BAND. 


39982  Treaty  between  the   United  States  of  America  and  the  Sans  Arcs 

39983  Band  of  Dakota  or  Sioux  Indians  ;    concluded  October  20, 

39984  1865  ;  ratification  advised,  with  amendment,  March  5,  1866. 

39985  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

39986  to  all  and  singular  to  whom  these  presents  shall  come,  greet- 

39987  ing: 

39988  Whereas  a  treaty  was  made  and  concluded  at  Fort  Sully,  in 

39989  the  Territory  of  Dakota,  on  the  twentieth  day  of  October,  in  the 

39990  year  of  our  Lord  one  thousand  eight  hundred  and  sixty-five,  by 

39991  and  between  Newton  Edmunds,  Edward  B.  Taylor,  Major-Gen- 

39992  era!  S.  R.  Curtis,  Brigadier-General  H.  H.  Sibley,  Henry  W.  Reed, 

39993  and  Orrin  Guernsey,  commissioners  on  the  part  of  the  United 

39994  States,  and  Wah-inun-dee-o-pee-doo-tah,  (The  War  Eagle  with 

39995  the  Red  Tail,)  Cha-tau'-hne,  (The  Yellow  Hawk,)  and  other  chiefs 

39996  and  head-men  of  the  Sans  Arcs  band  of  Dakota  or  Sioux  Indians, 

39997  on  the  part  of  said  band  of  Indians,  and  duly  authorized  thereto 

39998  by  them,  which  treaty  is  in  the  words  and  figures  following,  to 

39999  wit : 

40000  Articles  of  a  treaty  made  and  concluded  at  Fort  Sally,  in  the 

40001  Territory  of  Dakota,  by  and  between  Newton  Edmunds, 

40002  governor  and  ex-officio  superintendent  of  Indian  affairs  of 

40003  Dakota  Territory,  Edward  B.  Taylor,  superintendent  of  In- 

40004  dians  affairs  for  the  northern  superin tendency,  Major-Gen- 

40005  eral  S.  R.  Curtis,  Brigadier-General  H.  H.  Sibley,  Henry  W. 

40006  Reed,  and  Orrin  Guernsey,  commissioners  on  the  part  of 

40007  the  United  States,  duly  appointed  by  the  President,  and  the 

40008  undersigned  chiefs  and  head-men  of  the  Sans  Arcs  band  of 

40009  Dakota  or  Sioux  Indians. 

40010  ARTICLE  1.  The  Sans  Arcs  band  of  Dakota  or  Sioux  Indians, 

113  i  T 


898 

40011  represented  in  council,  hereby  acknowledge  themselves  to  be 

10012  subject  to  the  exclusive  jurisdiction  and  authority  of  the  United 

40013  States,  and  hereby  obligate  and  bind  themselves,  individually 

40014  and  collectively,  not  only  to  cease  all  hostilities  against  the  per- 

40015  sous  and  property  of  its  citizens,  but  to  use  their  influence,  and, 

40016  it'  requisite,  physical  force,  to  prevent  other  bands  of  Dakota  In- 

40017  cliaiis,  or  other  adjacent  tribes,  from  making  hostile  demonstra- 

40018  tious  against  the  Government  or  people  of  the  United  States. 
40010  ARTICLE  2.  Inasmuch  as  the  Government  of  the  United 

40020  States  is  desirous  to  arrest  the  effusion  of  blood  between  the 

40021  Indian  tribes  within  its  jurisdiction  hitherto  at  war  with  each 

40022  other,  the  Sans  Arcs  band  of  Dakota  or   Sioux  Indians,  repre- 

40023  sented  in  council,  anxious  to  respect  the  wishes  of  the  Govern 

40024  in  cut,  hereby  agree  to   discontinue  for  the  future  all  attacks 

40025  upon  the  persons  or  property  of  other  tribes,  unless  first  attacked 
4002G  by  them,  and  to  use  their  influence  to  promote  peace  everywhere 

40027  in  the  region  occupied  or  frequented  by  them. 

40028  ARTICLE  3.  All  controversies  or  differences  arising  between 

40029  the  Sans  Arcs  band  of  Dakota  or  Sioux  Indians  involving  the 

40030  question  of  peace  or  war  shall  be  submitted  for  the  arbitrament 

40031  of  the  President,  or  such  person  or  persons  as  may  be  designated 

40032  by  him,  and  the  decision  or  award  shall  be  faithfully  observed 
loo;;;{  by  the  said  band  represented  in  council. 

40034  ARTICLE  4.  The  said  band  represented  in  council  shall  with- 

40035  draw  from  the  route  overland  already  established  or  hereafter  to 

40036  be  established  through  their  country ;  and  in  consideration  there- 

40037  of  the  Government  of  the  United  States  agree  to  pay  the  said 

40038  band  the  sum  of  thirty  dollars  for  each  lodge  or  family,  an- 

40039  nually,  for  twenty  years>  in  such  articles  as  the  Secretary  of  the 

40040  Interior  may  direct :  Provided,  That  said  band  so  represented  in 

40041  council  shall  faithfully  conform   to  the   requirements  of  this 

40042  treaty. 

ARTICLE  5.  Should  any  individual  or  individuals  or  portion 

40044  of  the  band  of  the  Sans  Arcs  band  of  Dakota  or  Sioux  Indians, 

40045  represented  in  council,  desire  hereafter  to  locate  permanently 
046    upon  any  land  claimed  by  said  band  for  the  purposes  of  agricul- 
J47    tural  or  other  similar  pursuits,  it  is  hereby  agreed  by  the  parties 

to  this  treaty  that  such  individuals  shall  be  protected  in  such 

)049    location  against  any  annoyance  or  molestation  on  the  part  of 

whites  or  Indians;  and  whenever  twenty  lodges  or  families  of 

the  Sans  Arcs  band  shall  have  located  on  laud  for  agricultural 

purposes,  and  signified  the  same  to  their  agent  or  superintendent, 

they,  as-  well  as  other  families  so  locating,  shall  receive  the  sum 

twenty-five  dollars  annually,  for  five  years,  for  each  family, 

a  agricultural  implements  and  improvements ;    and  when  one 

uindred  lodges  or  families  shall  have  so  engaged  in  agricul- 


899 


40057 
40058 
40059 
40060 
40061 
40062 
40063 
40064 
40065 
40066 
40067 


tural  pursuits  they  shall  be  entitled  to  a  farmer  and  black 
smith,  at  the  expense  of  the  Government ;  as  also  teachers,  at 
the  option  of  the  Secretary  of  the  Interior,  whenever  deemed 
necessary. 

ARTICLE  6.  Any  amendment  or  modification  of  this  treaty 
by  the  Senate  of  the  United  States  shall  be  considered  final  and 
binding  upon  the  said  band  represented  in  council,  as  a  part  of 
this  treaty,  in  the  same  manner  as  if  it  had  been  subsequently 
presented  and  agreed  to  by  the  chiefs  and  head-men  of  said 
band. 

Proclaimed  March  17,  1866. 


40068 


SIOUX— ONKPAHPAH  BAND. 


40069  Treaty  between  the  United  States  of  America  and  the  Onkpalipah 

40070  land    of  Dakota  or  Sioux   Indians,  concluded  October  20, 

40071  1865  ;  ratification  advised,  with  amendment,  March  5,  1866. 

40072  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

40073  to  all  and  singular  to  whom  these  presents  shall  come, 

40074  greeting: 

40075  Whereas  a  treaty  was  urade  and  concluded  at  Fort  Sully,  in 

40076  the  Territory  of  Dakota,  on  the  twentieth  day  of  October,  in 

40077  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty-five, 

40078  by  and  between  Newton  Edmunds,  Edward  B.  Taylor,  Major- 

40079  General  S.  B.  Curtis,  Brigadier-General  H.  H.  Sibley,  Henry  W. 

40080  Eeed,  and  Orriu  Guernsey,  commissioners  on  the  part  of  the 

40081  United  States,  and  Ah  ke-tche  tah-hou-skah,  (The  Tall  Soldier,) 

40082  Mali  to  che-kah,  (The  Little  Bear,)  and  other  chiefs  and  head-men 

40083  of  the  Ouk  pa-h-pah  band  of  Dakota  or  Sioux  Indians,  on  the  part 

40084  of  said  band  of  Indians,  and  duly  authorized  thereto  by  them, 

40085  which  treaty  is  in  the  words  and  figures  following,  to  wit : 

40086  Articles  of  a  treaty  made  and  concluded  at  Fort  Sully,  in  the 

40087  Territory  of  Dakota,  by  and  between  Newton  Edmunds, 

40088  governor  and  ex-officio  superintendent  of  Indian  affairs  of 

40089  Dakota  Territory,  Edward  B.  Taylor,  superintendent  of  In- 

40090  dian  affairs  for  the  northern  superiutendency,  Major- Gen- 

40091  eral  S.  K.  Curtis,  Brigadier-General  H.  H.  Sibley,  Henry  W, 

40092  Reed,  and  Orrin  Guernsey,  commissioners  on  the  part  of 

40093  the  United  States,  duly  appointed  by  the  President,  and  the 

40094  undersigned  chief's  and  head-men  of  the  Onkpahpah  baud 

40095  of  Dakota  or  Sioux  Indians. 

40096  ARTICLE  1.  The  Onkpahpah  band  of  Dakota  or  Sioux  In- 

40097  dians,  represented  in  council,  hereby  acknowledge  themselves 


900 

40008  to  be  subject  to  the  exclusive  jurisdiction  and  authority  of  the 

40099  United  States,  and  hereby  obligate  and  bind  themselves,  indi- 

40100  vidually  and  collectively,  not  only  to  cease  all  hostilities  against 

40101  the  persons  and  property  of  its  citizens,  but  to  use  their  influ- 

40102  ence,  and,  if  requisite,  physical  force,  to  prevent  other  bauds  of 

40103  Dakota  Indians,  or  other  adjacent  tribes,  from  making  hostile 

40104  demonstrations  against  the  Government  or  people  of  the  United 

40105  States. 

4010G  ARTICLE  2.  Inasmuch  as  the  Government  of  the  United 

40107  States  is  desirous  to  arrest  the  effusion  of  blood  between  the 

40108  Indian  tribes  within  its  jurisdiction  hitherto  at  war  with  each 

40109  other,  the  Onkpahpah  band  of  Dakota  or  Sioux  Indians,  rep- 

40110  resented  in  council,  anxious  to  respect  the  wishes  of  the  Govern- 

40111  ineiit,  hereby  agree  to  discontinue  for  the  future  all  attacks  upon 

40112  the  persons  or  property  of  other  tribes,  unless  first  attacked  by 

40113  them,  and  to  use  their  influence  to  promote  peace  everywhere  in 

40114  the  region  occupied  or  frequented  by  them. 

40115  ARTICLE  3.  All  controversies  or  differences  arising  between 
4011G    the  Oukpahpah  band  of  Dakota  or  Sioux  Indians  involving  the 

40117  question  of  peace  or  war  shall  be  submitted  for  the  arbitrament 

40118  of  the  President,  or  such  person  or  persons  as  may  be  designated 

40119  by  him,  and  the  decision  or  award  shall  be  faithfully  observed 

40120  by  the  said  band  represented  in  council. 

40121  ARTICLE  4.  The  said  band,  represented  in  council,  shall  with- 

40122  draw  from  the  routes  overland  already  established,  or  hereafter 

40123  to  be  established,  through  their  country;  and  in  consideration 

40124  thereof  the  Government  of  the  United  States  agree  to  pay  the 

40125  said  band  the  sum  of  thirty  dollars  for  each  lodge  or  family,  au- 
4012G  nually,  for  twenty  years,  in  such  articles  as  the  Secretary  of  the 

40127  Interior  may  direct :  Provided,  That  said  band  so  represented  in 

40128  council   shall  faithfully  conform   to  the  requirements  of  this 

40129  treaty. 

40130  ARTICLE  5.  Should  any  individual  or  individuals,  or  portion 

40131  of  the  band  of  the  Onkpahpah  band  of  Dakota  or  Sioux  Indians, 
represented  in  council,  desire  hereafter  to  locate  permanently 

33    upon  any  land  claimed  by  said  band  for  the  purposes  of  agricul- 

L34    tural  or  other  similar  pursuits,  it  is  hereby  agreed  by  the  parties 

35    to  this  treaty  that  such  individuals  shall  be  protected  in  such 

136    location  against  any  annoyance  or  molestation  on   the  part  of 

L37    whites  or  Indians  ;  and  whenever  twenty  lodges  or  families  of  the 

Onkpahpah  baud  shall  have  located  on  land  for  agricultural 

purposes,  and  signified  the  same  to  their  agents  or  superintendent, 

they,  as  well  as  other  families  so  locating,  shall  receive  the  sum 

of  twenty-five  dollars  annually  for  five  years,  for  each  family, 

m  agricultural  implements  and  improvements ;  and  when  one 

hundred  lodges  or  families  shall  have  so  engaged  in  agricultural 


901 

40144  pursuits,  they  shall  be  entitled  to  a  farmer  and  blacksmith,  at 

40145  the  expense  of  the  Government ;  as  also  teachers,  at  the  option 

40146  of  the  Secretary  of  the  Interior,  whenever  deemed  necessary. 

40147  ARTICLE  6.  Any  amendment  or  modification  of  this  treaty 

40148  by  the  Senate  of  the  United  States  shall  be  considered  final  and 

40149  binding  upon  the  said  baud,  represented  in  council,  as  a  part  of 

40150  this  treaty,  in  the  same  manner  as  if  it  had  been  subsequently 

40151  presented  and  agreed  to  by  the  chiefs  and  head-men  of  said 

40152  band. 

40153  Proclaimed  March  17,  18GG. 


40154 


SIOUX— O'GALLALA  BAND. 


40155  Treaty  between  the  United  Mates  of  America  and  the  O'Gallala 

40156  band  of  Dakota  or    Sioux  Indians,   concluded   October  28, 

40157  1865 ;  ratification  advised,  with  amendment,  March  5,  1866 ; 

40158  proclaimed  March  17,  1866. 

40159  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

40160  to  all  and  singular  to  whom  these  presents  shall  come,  greet- 

40161  ing: 

40162  Whereas  a  treaty  was  made  and  concluded  at  Fort  Sully,  in 

40163  the  Territory  of  Dakota,  on  the  twenty-eighth  day  of  October, 

40164  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty  - 

40165  five,   by   and  between   Newton  Edmunds,  Edward   B.   Taylor, 

40166  Major-General  S.  R.  Curtis,  Brigadier-General  H.   H.  Sibley, 

40167  Henry  W.  Eeed,  and  Orrin  Guernsey,  commissioners  on  the 

40168  part  of  the  United  States,  and  Tan-tan-ka-has-ka,  (Long  Bull,) 

40169  Ma-lo-wa-ta-khe,  (The  Charging  Bear,)  and  other  chiefs  and 

40170  head-men  of  the  O'Gallala  band  of  Dakota  or  Sioux  Indians,  en 

40171  the  part  of  said  band  of  Indians,  and  duly  authorized  thereto 

40172  by  them,  which  treaty  is  in  the  words  and  figures  following,  to 

40173  wit: 

40174  Articles  of  a  treaty  made  and  concluded  at  Fort  Sully,  in  the 

40175  Territory  of  Dakota,   by  and  between  Newton  Edmunds 

40176  governor  and  ex-officio  superintendent  of  Indian  affairs  of 

40177  Dakota  Territory,  Edward  B.  Taylor,  superintendent  of 

40178  Indian  aifairs  for  the  northern  superintendency,  Major-Gen  - 

40179  eral  S.  E.  Curtis,  Brigadier-General  H.  H.  Sibley,  Henry 

40180  W.  Eeed,  and  Orrin  Guernsey,  commissioners  on  the  part 

40181  of  the  United  States,  duly  appointed  by  the  President,  and 

40182  the  undersigned  chiefs  and  head-men  of  the  O'Gallala  band 

40183  of  Dakota  or  Sioux  Indians, 

40184  ARTICLE  1.  The  O'Gallala  band  of  Dakota  or  Sioux 


902 

40185  Indians,  represented  in  council,  hereby  acknowledge  themselves 

40186  to  be  subject  to  the  exclusive  jurisdiction  and  authority  of  the 

40187  United  States,  and  hereby  obligate  and  bind  themselves,  indi- 

40188  virtually  and  collectively,  not  only  to  cease  all  hostilities  against 

40189  the  persons  and  property  of  its  citizens,  but  to  use  their  influ- 

40190  euce,  and,  if  necessary,  physical  force,  to  prevent  other  bands 

40191  of  the  Dakota  Indians,  or  other  adjacent  tribes,  from  making 

40192  hostile  demonstrations  against  the  Government  or  people  of  the 

40193  United  States. 

40194  ARTICLE  2.  Inasmuch  as  the  Government  of  the  United 

40195  States  is  desirous  to  arrest  the  effusion  of  blood  between  the 

40196  Indian  tribes  within  its  jurisdiction  hitherto  at  war  with  each 

40197  other,  the  O'Gallala  band  of  Dakota  or  Sioux  Indians,  repre- 

40198  sented  in  council,  anxious  to  respect  the  wishes  of  the  Govern- 

40199  ment,  hereby  agree  to  discontinue  for  the  future  all  attacks  upon 

40200  the  persons  or  property  of  other  tribes,  unless  first  attacked  by 

40201  them,  and  to  use  their  influence  to  promote  peace  everywhere 

40202  in  the  region  occupied  or  frequented  by  them. 

40203  ARTICLE  3.  All  controversies  or  differences  arising  between 

40204  the  O'Gallala  band  of  Dakota  or  Sioux  Indians,  represented  in 

40205  council,  and  other  tribes  of  Indians,  involving  the  question  of 

40206  peace  or  war,  shall  be  submitted  shall  le  submitted  for  the  arbi- 

40207  tranient  of  the  arbitrament  of  the  President,  or  such  person  or 

40208  persons  as  may  be  designated  by  him,  and  the  decision  or  award 

40209  faithfully  observed  by  the  said  band  represented  in  council. 

40210  ARTICLE  4.  The  said  band,  represented  in   council,  shall 

40211  withdraw  from  the  routes  overland  already  established  or  here- 

40212  after  to  be  established  through  their  country  ;  and,  in  consider  - 

40213  ation  thereof,  the  Government  of  the  United  States  agree  to  pay 

40214  to  the  said  band  the  sum  of  ten  thousand  dollars  annually  for 

40215  twenty  years,  in  such  articles  as  the  Secretary  of  the  Interior 

40216  may  direct:  Provided,  That  said  band,  so  represented  in  coun- 

40217  cil,  shall  faithfully  conform  to  the  requirements  of  this  treaty. 

40218  ARTICLE  5.  Should  any  individual  or  individuals,  or  portion 

40219  of  the  baud  of  the  [O'Gallala]  band  of  Dakota  or  Sioux  Indians, 

40220  represented  in  council,  desire  hereafter  to  locate  permanently 

40221  upon  any  land  claimed  by  said  band  for  the  purposes  of  agri 
cultural  or  other  similar  pursuits,  it  is  hereby  agreed  by  the 

40223  parties  to  this  treaty  that  such  individuals  shall  be  protected  in 

!24  such  location  against  any  annoyance  or  molestation  on  the  part 

!25  of  whites  or  Indians;  and  whenever  twenty  lodges  or  families 

226  of  the  O'Gallala  band  shall  have  located  on  land  for  agricultural 

40227  purposes,  and  signified  the  same  to  their  agent  or  superintend 
ent,  they,  as  well  as  other  families  so  locating,  shall  receive  the 
sum  of  twenty-five  dollars  annually,  for  five  years,  for  each 

>230  family,  in  agricultural   implements  and    improvements;    and 


905 

40231  when  one  hundred  lodges  or  families  shall  have  so  engaged  in 

40232  agricultural  pursuits,  they  shall  be  entitled  to  a  farmer  and 

40233  blacksmith,  at  the  expense  of  the  Government,  as  also  teachers, 

40234  at  the  option  of  the  Secretary  of  the  Interior,  whenever  deemed 

40235  necessary. 

40236  ARTICLE  6.  Any  amendment  or  modification  of  this  treaty 

40237  by  the  Senate  of  the  United  States  shall  be  considered  final  and 

40238  binding  upon  the  said  band,  represented  in  council,  as  a  part  of 

40239  this  treaty,  in  the  same  manner  as  if  it  had  been  subsequently 

40240  presented  and  agreed  to  by  the  chiefs  and  head-men  of  said 

40241  band. 

40242  Proclaimed  March  17,  1866, 


40243 


SIOUX— S1SSEETON  AND  WAHPATON  BANDS. 


40244  Treaty  between  the  United  States  and  the  Sisseeton  and  Wahpaton 

40245  bands  of  the  Dakota  or  Sioux  tribe  of  Indians,  concluded  at 

40246  Washington,  June  19, 1858 ;  ratified  bij  the  Senate,  March  9, 1859. 

40247  JAMES  BUCHANAN,  President  of  the  United  States  of  America, 

40248  to   all  and  singular  to  whom  these  presents   shall  come, 

40249  greeting: 

40250  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

40251  Washington  on  the  nineteenth  day  of  June,  one  thousand  eight 

40252  hundred  and  fifty-eight,  by  Charles  E.  Mix,  commissioner  on  the 

40253  part  of  the  United  States,  and  the  following-named  chiefs  and 

40254  head-men  of  the  Sisseeton  and  Wrahpaton  bands  of  the  Dakota 

40255  or  Sioux  tribe  of  Indians,  viz  :  Maz  zah-shaw,  Wamdupidutah, 

40256  Qjupi,  and  Hahutanai,  on  the  part  of  the  Sisseetous,  and  Maz-zo- 

40257  manee,  Muz-zakoote  manee,  Upiyahideyaw,  Umpedutokechaw, 

40258  and  Tachaudupahotanka,  on  the  part  of  the  Wahpatons,  they 

40259  being  duly  authorized  and  empowered  to  act  for  said  bauds,  which 

40260  treaty  is  in  the  words  and  figures  following,  to  wit: 

40261  Articles  of  agreement  and  convention  made  and  concluded  at 

40262  the  city  of  Washington  on  the  nineteenth  day  of  June,  one 

40263  thousand  eight  hundred  and  fifty-eight,  by  Charles  E.  Mix, 

40264  commissioner  on  the  part  of  the  United  States,  and  the  fol- 

40265  lowing-named  chiefs  and  head-men  of  the  Sisseeton  and 

40266  Wahpaton  bands  of  the  Dakota  or  Sioux  tribe  of  Indians, 

40267  viz  :  Maz-zah-shaw,  W^amdupidutah,  Ojupi,  and  Hahutanai, 

40268  on  the  part  of  the  Sisseetons,  and  Maz-zomanee,  Muz  za- 

40269  koote-inanee,  Upiyahideyaw,  Umpedutokechaw,  and  Tach- 

40270  andupahotauka,  on  the  part  of  the  Wahpatons,  they  being 

40271  duly  authorized  and  empowered  to  act  for  said  bands. 


904 

40<>72  ARTICLE  1.  It  is  hereby  agreed  and  stipulated  that  as  soon 

40273  as  practicable  after  the  ratification  of  this  agreement,  so  much 

40274  of  that  part  of  the  reservation  or  tract  of  land  now  held  and 

40275  possessed  by  the  Sisseeton  and  Wahpaton  bands  of  the  Dakota 
40270  or  Sioux  Indians,  and  which  is  described  in  the  third  article  of 

40277  the  treaty  made  with  them  on  the  twenty-third  day  of  July,  one 

40278  thousand  eight  hundred  and  fifty-one,  which  lies  south  or  south- 

40279  westwardly  of  the  Minnesota  Kiver,  shall  constitute  a  reservation 
4  )280  for  said  bands,  and  shall  be  surveyed,  and  eighty  acres  thereof, 

40281  as  near  as  may  be  in  conformity  with  the  public  surveys,  be 

40282  allotted  in  severalty  to  each  head  of  a  family  or  single  person 

40283  over  the  age  of  twenty-one  years,  in  said  bands  of  Indians ; 

40284  said  allotments  to  be  so  made  as  to  include  a  proper  proportion 

40285  of  timbered  laud,  if  the  same  be  practicable,  in  each  of  said 

40286  allotments.    The  residue  of  said  part  of  said  reservation  not  so 

40287  allotted  shall  be  held  by  said  bands  in  common,  and  as  other  In- 

40288  dian  lauds  are  held  :  Provided,  hoicever,  That  eighty  acres  there- 

40289  of,  as  near  as  may  be,  shall,  in  like  manner,  as  above  provided 

40290  for,  be  allotted  to  each  of  the  minors  of  said  bands  on  his  or  her 

40291  attaining  their  majority,  or  on  becoming  heads  of  families,  by 

40292  contracting  marriage,  if  neither  of  the  parties  shall  have  previ- 

40293  ously  received  land.    All  the  necessary  expenses  of  the  surveys 
4')294  and  allotments  thus  provided  for  shall  be  defrayed  out  of  the 

40295  funds  of  said  bauds  of  Indians  in  the  hands  of  the  Government 

40296  of  the  United  States.    As  the  members  of  said  bands  become 
4^297  capable  of  managing  their  business  and  affairs,  the  President  of 
4  )298  the  United  States  may,  at  his  discretion,  cause  patents  to  be  is- 
4')299  sued  to  them  for  the  tracts  of  land  allotted  to  them,  respectively, 

40300  in  conformity  with  this  article;  said  tracts  to  be  exempt  from 

40301  levy,  taxation,  sale,  or  forfeiture  until  otherwise  provided  for  by 

40302  the  legislature  of  the  State  in  which  they  are  situated,  with  the 

40303  assent  of  Congress ;  nor  shall  they  be  sold  or  alienated  in  fee,  or 

40304  be  in  any  other  manner  disposed  of,  except  to  the  United  States 

40305  or  to  members  of  said  bands. 

40306  ARTICLE  2.  Whereas,  by  the  treaty  with  the  Sisseetou  and 

40307  Wahpaton  bands  of  Sioux  Indians,  concluded  at  Traverse  des 

40308  Sioux  on  the  twenty-third  day  of  July,  one  thousand  eight  hun- 

40309  dred  and  fifty-one,  said  bands  retained  for  their  "  future  occu- 

40310  paucy  and  home,"  "  to  be  held  by  them  as  Indian  lands  are  held, 

40311  all  that  tract  of  country  on  the  Minnesota  Kiver,  from  the  west- 

40312  ern  boundary"  of  the  cession  therein  made  "  east  to  the  Tcha- 

40313  tam-ba  Kiver  on  the  north,  and  to  the  Yellow  Medicine  Kiver  on 
*14  the  south  side,  to  extend  on  each  side  a  distance  of  not  less  than 
»15  ten  miles  from  the  general  course  of  said  Minnesota  Kiver ;" 

And  whereas  the  Senate  of  the  United  States  so  amended 

40317  said  treaty  as  to  strike  therefrom  the  provision  setting  apart  the 


905 


40318 
40319 
40320 
40321 
40322 
40323 
40324 
40325 
40326 
40327 
40328 
40329 
40330 
40331 
40332 
40333 
40334 
40335 
40336 
40337 
40338 
40339 
40340 
40341 
40342 
40343 
40344 
40345 
40346 
40347 
40348 
40349 
40350 
40351 
40352 
40353 
40354 
40355 
40356 
40357 
40358 
40359 
40360 
40361 
40362 
40363 


said  land  as  a  home  for  said  bands,  and  made  provision  for  the 
payment  to  said  bands,  "at  the  rate  of  ten  cents  per  acre  for 
the  laud  included  in  the  said  tract  so  retained  and  set  apart  for 
the  occupancy  and  home  "  of  said  bands,  and  also  provided  in 
addition  thereto  that  there  should  be  "set  apart  by  appropriate 
landmarks  and  boundaries  such  tracts  of  country  without  the 
limits  of  the  cession  made  by  the  first  article  of  the  said  treaty 
as  shall  be  satisfactory  for  their  future  occupancy  and  home  ;" 
said  Senate  amendment  providing  also  "that  the  President  may, 
with  the  consent  of  these  Indians,  vary  the  conditions  aforesaid, 
if  deemed  expedient;'7  all  of  which  provisions  in  said  amendment 
were  assented  to  by  said  Indians; 

And  whereas  the  President  so  far  varied  the  conditions  of 
said  Senate  amendment  as  to  permit  said  bauds  to  locate  for 
the  time  being  upon  the  tract  originally  reserved  by  said  bands 
lor  a  home,  and  "  no  tract  of  country,  without  the  limits  of  the 
cession"  made  in  the  said  treaty,  has  ever  been  provided  for  or 
ottered  to  said  bands  ; 

And  whereas,  by  the  act  making  appropriations  for  the  cur 
rent  and  contingent  expenses  of  the  Indain  Department,  and  for 
fulfilling  treaty  stipulations  with  various  Indian  tribes,  approved 
July  31,  1854,  the  President  was  authorized  "to  confirm  to  the 
Sioux  of  Minnesota,  forever,  the  reserve  on  the  Minnesota  Biver 
now  occupied  by  them,  upon  such  conditions  as  he  may  deem 
just  f 

And  whereas,  although  the  President  has  not  directly  con 
firmed  said  reserve  to  said  Indians,  they  claim  that,  as  they 
were  entitled  to  receive  "such  tracts  of  country"  as  should  "be 
satisfactory  for  their  future  occupancy  and  home,"  and  as  no 
other  country  than  this  reservation  was  ever  provided  for  or 
ottered  to  them,  and  as  valuable  improvements  have  been  made 
on  said  reservation  with  the  moneys  belonging  to  said  bands,  it 
is  agreed  and  stipulated  that  the  question  shall  be  submitted  to 
the  Senate  for  decision  whether  they  have  such  title,  and  if.  they 
have,  what  compensation  shall  be  made  to  them  for  that  part  of 
said  reservation  or  tract  of  land  lying  on  the  north  side  of  the 
Minnesota  Eiver ;  whether  they  shall  be  allowed  a  specific  sum 
of  money  therefor,  and  if  so,  how  much  ;  or  whether  the  same 
shall  be  sold  for  their  benefit,  they  to  receive  the  proceeds  of 
such  sale,  deducting  the  necessary  expenses  incident  thereto. 
Such  sale,  if  decided  in  favor  of  by  the  Senate,  shall  be  made 
under  and  according  to  regulations  to  be  prescribed  by  the  Sec 
retary  of  the  Interior,  and  in  such  manner  as  will  secure  to  them 
the  largest  sum  it  may  be  practicable  to  obtain  for  said  land. 

ARTICLE  3.  It  is  also  agreed  that  if  the  Senate  shall  author 
ize  the  land  designated  in  article  two  of  this  agreement  to  be 
IU  IT 


906 

40364  sold  for  the  benefit  of  the  said  Sisseeton  and  Wahpaton  bands, 

40365  or  shall  prescribe  an  amount  to  be  paid  to  said  bands  for  their 

40366  interest  in  said  tract,  provision   shall  be  made  by  which  the 

40367  chiefs  and  head-men  of  said  bauds  may,  in  their  discretion,  in 

40368  open  council,  authorize  to  be  paid  out  of  the  proceeds  of  said 

40369  tract  such  sum  or  sums  as  may  be  found  necessary  and  proper, 

40370  not  exceeding  seventy  thousand  dollars,  to  satisfy  their  just 

40371  debts  and  obligations,  and  to  provide  goods  to  be  taken  by  said 

40372  chiefs  and  head-men  to  the  said  bands  on  their  return  :  Provided, 

40373  hoiceverj  That  their  said  determinations  shall  be  approved  by  the 

40374  superintendent  of  Indians  affairs  for  the  northern  superinten- 

40375  dency  for  the  time  being,  and  the  said   payments  be  authorized 

40376  by  the  Secretary  of  the  Interior. 

.j(KJ77  A  UTICLE4.  The  lauds  retained  ami  to  beheld  by  the  members 

40378  of  the  Sisseeton  and  Wahpatou  bands  of  Dakota  or  Sioux  In- 

40379  diaiis,  under  and  by  virtue  of  the  first  article  of  this  agreement? 

40380  shall,  to  all  intents  and  purposes  whatever,  be  deemed  and  held 

40381  to  be  an  Indian  reservation,  and  the  laws  which  have  been  or 

40382  may  hereafter  be  enacted  by  Congress  to  regulate  trade  and  in- 

40383  tercourse  with  the  Indian  tribes,  shall  have  full  force  and  effect 

40384  over  and  within  the  limits  of  the  same ;  and  no  person  other 

40385  than  the  members  of  said  bands,  to  be  ascertained  and  defined 

40386  under  such  regulations  as  the  Secretary  of  the  Interior  shall  pre- 
40387  scribe — unless  such  as  may  be  duly  licensed  to  trade  with  said 

40388  bands,  or  employed  for  their  benefit,  or  members  of  the  family  of 

40389  such  persons — shall  be  permitted  to  reside  or  make  any  settle. 

40390  ment  upon  any  part  of  said  reservation  ;  and  the  timbered  land 

40391  allotted  to  individuals,  and  also  that  reserved  for  subsequent 

40392  distribution,  as  provided  in  the  first  article  of  this  agreement, 

40393  shall  be  free  from  all  trespass,  use,  or  occupation,  except  as  here- 

40394  inafter  provided. 

40395  ARTICLE  5.  The  United  States  shall  have  the  right  to  es- 

40396  tablish  and  maintain  upon  said  reservation  such  military  posts, 
4039.7     agencies,  schools,  mills,  shops,  roads,  and  agricultural  or  mechan- 
40398    ical  improvements  as  may  be  deemed  necessary  ;  but  no  greater 

quantity  of  land  or  timber  shall  be  taken  and  used  for  said  pur- 
400    poses  than  shall  be  actually  requisite  therefor.     And  if,  in  the 
tOl    establishment  or  maintenance  of  such  posts,  agencies,  roads,  or 
other  improvements,  the  timber  or  other  property  of  any  iudivi- 
403    dual  Indian  shallbe  taken,  injured,  ordestroyed,justand  adequate 
compensation  shall  be  made  therefor  by  the  United  States.  Koads 
or  highways  authorized  by  competent  authority  other  than  the 
United  States,  the  lines  of  which  shall  lie  through  said  reserva 
tion,  shall  have  the  right  of  way  through  the  same  upon  the  fair 
and  just  value  of  such  right  being  paid  to  the  said  Sisseeton  and 
W  ahpaton  bands  by  the  party  or  parties  authorizing  or  interested 


4C410 

40411 

40412 

40413 

40414 

40415 

40416 

40417 

40418 

40419 

40420 

40421 

40422 

40423 

40424 

40425 

40426 

40427 

40428 

40429 

40430 

40431 

40432 

40433 

40434 

40435 

40436 

40437 

40438 

40439 

40440 

40441 

40442 

40443 

40444 

40445 

40446 

40447 

40448 

40449 

40450 

40451 

40452 

40453 

40454 

40455 


-      907 

in  the  same,  to  be  assessed  and  determined  in  such  mariner  as 
the  Secretary  of  the  Interior  shall  direct. 

ARTICLE  6.  The  Sisseeton  and  Wahpaton  bands  of  Dakota 
or  Sioux  Indians  acknowledge  their  dependence  on  the  Govern 
ment  of  the  United  States,  and  do  hereby  pledge  and  bind 
themselves  to  preserve  friendly  relations  with  the  citizens  thereof, 
and  to  commit  no  injuries  or  depredations  on  their  persons  or 
property,  nor  on  those  of  the  members  of  any  other  tribe ;  but 
in  case  of  any  such  injury  or  depredation,  full  compensation  shall 
as  far  as  practicable,  be  made  therefor  out  of  their  moneys  in  the 
hands  of  the  United  States,  the  amount  in  all  cases  to  be  deter 
mined  by  the  Secretary  of  the  Interior.  They  further  pledge 
themselves  not  to  engage  in  hostilities  with  the  Indians  of  any 
other  tribe,  unless  in  self-defence,  but  to  submit,  through  their 
agent,  all  matters  of  dispute  and  difficulty  between  themselves 
and  other  Indians  for  the  decision  of  the  President  of  the  United 
States,  and  to  acquiesce  in  and  abide  thereby.  They  also  agree 
to  deliver  to  the  proper  officers  all  person  belonging  to  their  said 
bands  who  may  become  offenders  against  the  treaties,  laws,  or 
regulations  of  the  United  States,  or  the  laws  of  the  State  of 
Minnesota,  and  to  assist  in  discovering,  pursuing,  and  capturing 
all  such  offenders  whenever  required  so  to  do  by  such  officers, 
through  the  agent  or  other  proper  officer  of  the  Indian  Depart 
ment. 

ARTICLE  7.  To  aid  in  preventing  the  evils  of  intemperance, 
it  is  hereby  stipulated  that  if  any  of  the  members  of  the  said 
Sisseeton  and  Wahpaton  bands  of  Sioux  Indians  shall  drink,  or 
procure  for  others,  intoxicating  liquors,  their  proportion  of  the 
annuities  of  said  bauds  shall,  at  the  discretion  of  the  Secretary 
of  the  Interior,  be  withheld  from  them  for  the  period  of  at  least 
one  year;  and  for  a  violation  of  any  of  the  stipulations  of  this 
agreement  on  the  part  of  any  member  of  said  bands,  the  persons 
so  offending  shall  be  liable  to  have  their  annuities  withheld,  and 
to  be  subject  to  such  other  punishment  as  the  Secretary  of  the 
Interior  may  prescribe. 

ARTICLE  8.  Any  members  of  said  Sisseeton  and  Wahpaton 
bands  who  may  be  desirous  of  dissolving  their  tribal  connection 
and  obligations,  and  of  locating  beyond  the  limits  of  the  reserva 
tion  provided  for  said  bands,  shall  have  the  privilege  of  so  doing, 
by  notifying  the  United  States  agent  of  such  intention,  and 
making  an  actual  settlement  beyond  the  limits  of  said  reserva 
tion  ;  shall  be  vested  with  all  the  rights,  privileges,  and  im 
munities,  and  be  subject  to  all  the  laws,  obligations,  and  duties 
of  citizens  of  the  United  States;  but  such  procedure  shall  work 
no  forfeiture  on  their  part  of  the  right  to  share  in  the  annuities 
of  said  bands. 


908 

40450  ARTICLE  9.  Such  of  the  stipulations  of  the  former  treaties 

40457  as  provide  for  the  payment  of  particular  sums  of  money  to  the 

4045S  said  Sisseeton  and  Wahpaton  bands,  or  for  the  application  or 

40459  expenditure  of  specific   amounts   for   particular  objects  or  pur- 

404GO  poses,  shall  be,  and  hereby  are,  so  amended  and  changed  as  to 

404G1  invest  the  Secretary  of  the  Interior  with  discretionary  power  in 

40462  regard  to  the  manner  and  objects  of  the  annual  expenditure  of 

40463  all  such  sums  or  amounts  which  have  accrued  and  are  now  due 

40464  to  said  bauds,  together  with  the  amount  the  said  bands  shall  be- 

40465  come  annually  entitled  to  under  and  by  virtue  of  the  provisions 

40406  of  this  agreement :  Provided,  The  said  sums  or  amounts  shall  be 

40407  expended  for  the  benefit  of  said  bands  at  such  time  or  times  and 

40408  in  such  manner  as  the  said  Secretary  shall  deem  best  calculated 
10109  to  promote  their  interests,  welfare,  and  advance  in  civilization. 

40470  And  it  is  farther  agreed  that  such  change  may  be  made  in  the 

40471  stipulations  of  former  treaties,  which  pro  vide  for  the  payment  of 

40472  particular  sums  for  specified  purposes,  as  to  permit  the  chiefs 

40473  and  braves  of  said  bauds,  or  any  of  the  subdivisions  of  said 

40474  bands,  with  the  sanction  of  the  Secretary  of  the  Interior,  to 

40475  authorize  such  payment  or  expenditure  of  their  annuities,  or  any 

40476  portion  thereof,  which  are  to  become  due  hereafter,  as  may  be 

40477  deemed  best  for  the  general  interests   and  welfare  of  the  said 

40478  bands  or  subdivisions  thereof. 

40479  ARTICLE  10.  The  expenses  attending  the  negotiation  of  this 

40480  agreement  shall  be  defrayed  by  the  United  States. 

40481  (See  note  on  page  890.) 
404SH  Proclaimed  March  31,  1859. 

404S3  RESOLUTION  OF  THE  SENATE  OF  THE  UNITED  STATES. 

40484     R'ujht  and  title  of  certain  bands  of  Sioux  Indians   to  lands  em- 
t()4sr>  braced  in  reservations  on  the  Minnesota  River. 

IN  THE  SENATE  OF  THE  UNITED  STATES, 
187  June  27,  1860. 

Whereas  by  the  second  articles  of  the  treaties  of  June 
19,  1858,  (proclaimed  March  31,  1859;  see  page  885,)  with 
the  Med-a-wa-kanton  and  Wah-pa-koo-ta,  and  the  Sisseetou 
and  Wah-pa-ton  bands  of  the  Dacotah  or  Sioux  Indians,  it 
submitted  to  the  Senate  to  decide  as  to  the  right  or  title  of 
said  bands  of  Indians  to  the  lands  embraced  in  the  reserva- 


*  f\    A  f  J         ^  1J-A  *-' A  «-V^V/V«.       J.1J.         L'lJ.vy       J-VklV^'i.    V    Cl 

tion  occupied  by  them  on  the  Minnesota  River,  in  the  State 
40495     ~*  AT' 

40496 

I  f|    |  f\"  _ *«~*v»-^*^*»J^V/*AVAAV-'.l--*V/l.lJl-AKJJLV4.V^V71 

it  river,  which  they  agreed  by  said  treaties  to  surrender  and 


IHVOV^lCt       AH  >  CA  ,     JJ-l       LLLO      (OLCllC 

Minnesota,  and  what  compensation  shall  be  made  to  them 
lor  those  portions  of  said  reservations  lying  on  the  north  side  of 

T  M  O  4-     T»I»T^**       , 1     *      1         i  •• 


909 

40498  relinquish  to  the  United  States ;  "  whether  they  shall  be  allowed 

40499  a  specified  sum  in  money  therefor,  and,  if  so,  how  much,  or 

40500  whether  the  same  shall  be  sold  for  their  benefit,  they  to  receive 

40501  the  proceeds  of  such  sale,  deducting  the  necessary  expenses  in- 

40502  cident  thereto ;"  and 

40503  Whereas  said  Indians  were  permitted  to  retain  mid  occupy 

40504  said  reservations  in  lieu  of  other  lands  which  they  were  entitled 

40505  to  under  the  amendments  of  the  Senate  to  the  treaties  made 
4050G  with  them  in  the  year  1851,  (proclaimed  February  24,  1853 ;  see 

40507  page    882,)   and  large  amounts  of  the  money  of  said  Indians 

40508  have  been  expended  by  the  Government  in  improvements  and 

40509  otherwise    upon    the    lands   contained    in   said    reservations; 

40510  and 

40511  Whereas  by  act  of  Congress  of  July  31,  1854,  said  reserva- 

40512  tious  were  authorized  to  be  confirmed  to  those  Indians : 

40513  Resolved,  That  said  Indians  possessed  a  just  and  valid  right 

40514  and  title  to  said  reservations,  and  that  they  be  allowed  the  sum 

40515  of  thirty  cents  per  acre  for  the  lands  contained  in  that  portion 

40516  thereof  lying  on  the  north  side  of  the  Minnesota  River,  exclusive 

40517  of  the  cost  of  survey  and  sale,  or  any  contingent  expense  that 

40518  may  accrue  whatever,  which  by  the  treaties  of  June,  1858,  they 
40319  have  relinquished  and  given  up  to  the  United  States. 

40520  Resolved  further.  That  all  persons  who  have,  in  good  faith, 

40521  settled  and  made  improvements  upon  any  of  the  lands  contained 

40522  in  said  reservations,  believing  the  same  to  be  Government  lands, 

40523  shall  have  the  right  of  pre-emption  to  one  hundred  and  sixty 

40524  acres  thereof,  to  include  their  improvements,  on  paying  the  sum 

40525  of  one  dollar  and  twenty-five  cents  per  acre  therefor  :  Provided, 

40526  That  when  such  settlements  have  been  made  on  the  lands  of  the 

40527  Indians   on  the  south  side  of  the  Minnesota  River,  the  assent 

40528  of  the  Indians  shall  first  be  obtained,  in  such  manner  as  the  Sec- 

40529  retary  of  the  Interior  shall  prescribe,  and  that  the  amount  which 

40530  shall  be  so  paid  for  their  lands  shall  be  so  paid  into  the  Treasury 

40531  of  the  United  States. 

40532  Attest : 

40533  ASBURY  DICKINS, 

40534  Secretary. 


40535  Treaty  between  the  United  States  of  America  and  the  Sissiton  and 
Warpeton  lands  of  Dakota  or  Sioux  Indians,  concluded  Feb 
ruary  19,  1867  ;  ratification  advised,  with  amendments,  April 
15,  1867;  amendments  accepted  April  22,  1867;  proclaimed 


40536 
40537 
40538 
40539 


May  2,  1867. 


40540  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

40541  to  all  and  singular  to  whom  these  presents  shall  come, 

40542  greeting : 


910 

40543  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

40544  Washington,  in  the  District  of  Columbia,  on  the  nineteenth  day 

40545  of  February,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
40540    dred  and  sixty-seven,  by  and  between  Lewis  V.  Bogy  and  Will- 

40547  iam  II.  Watson,  commissioners  on  the  part  of  the  United  States, 

40548  and  Gabriel  Benville,  Wamdiupiduta,  Tacandupahotanka,  and 
40541)    other  chiefs  and  head-men  of  the  Sissiton  and  Warpeton  bauds 

40550  of  Dakota  or  Sioux  Indians,  on  the  part  of  said  Indians,  and  duly 

40551  authorized  thereto  by  them,  which  treaty  is  in  the  words  and 

40552  figures  following,  to  wit : 

40553  Whereas  it  is  understood  that  a  portion  of  the  Sissiton  and 

40554  Warpeton  bands  of  Santee   Sioux  Indians,   numbering  from 

40555  twelve  hundred  to  fifteen  hundred  persons,  not  only  preserved 
4055G  their  obligations  to  the  Government  of  the  United  States  during 
-lo.V)7  and  since  the  outbreak  of  the  Medewakantons  and  other  bands 

40558  of  Sioux,  in  1802,  but  freely  perilled  their  lives  during  that  out- 

40559  break  to  rescue  the  residents  on  the  Sioux  reservation,  and  to 
405GO  obtain  possession  of  white  women  and  children  made  captives 
405G1  by  the  hostile  bands ;  and  that  another  portion  of  said  Sissiton 

40562  and  Warpeton  bands,  numbering  from  one  thousand  to  twelve 

40563  hundred  persons,  who  did  not  participate  in  the  massacre  of  the 

40564  whites  in  1862,  fearing  the  indiscriminate  vengeance  of  the 

40565  whites,  fled  to  the  great  prairies  of  the  Northwest,  where  they 

40566  still  remain  ;  and 

40567  Whereas  Congress,  in  confiscating  the  Sioux  annuities  and 
49568    reservations,  made  no  provision  for  the  support  of  these,  the 

40569  friendly  portion  of  the  Sissiton  and  Warpeton  bands,  and  it  is 

40570  believed  [that]  they  have  been  suffered  to  remain  homeless  wan- 

40571  derers,  frequently  subject  to  intense  suffering  from  want  of  sub- 

40572  sistence,  and  clothing  to  protect  them  from  the  rigors  of  a  high 

40573  northern  latitude,  although  at  all  times  prompt  in  rendering  ser- 

40574  vice  when  called  upon  to  repel  hostile  raids  and  to  punish  dep- 

40575  reflations  committed  by  hostile  Indians  upon  the  persons  and 

40576  property  of  the  whites  ;  and 

40577  Whereas  the  several  subdivisions  of  the  friendly  Sissitons 

40578  .  and  Warpeton  bands  ask,  through  their  representatives,  that 

40579  their  adherence  to  their  former  obligations  of  friendship  to  the 
580    Government  and  people  of  the  United  States  be  recognized,  and 

W581    that  provision  be  made  to  enable  them  to  return  to  an  agricul- 
tural  life,  and  be  relieved  from  a  dependence  upon  the  chase  for 
t0583    a  precarious  subsistence :  Therefore, 

A  treaty  has  been  made  and  entered  into,  at  Washington 

City,  District  of  Columbia,  this  nineteenth  day  of  February,  A. 

D.  1867,  by  and  between  Lewis  Y.  Bogy,  Commissioner  of  Indian 

ffairs,  and  William  H.  Watson,  commissioners  on  the  part  of 

the  United  States,  and  the  undersigned  chiefs  and  head-men  of 


911 

40589  the  Sissitoii  and  Warpeton  bands  of  Dakota  or  Sioux  Indians,  as 

40590  follows,  to  wit : 

40591  ARTICLE  1.  The  Sissitoii  and  Warpeton  bands  of  Dakota 

40592  Sioux  Indians,  represented  in  council,  will  continue  their  friendly 

40593  relations  with  the  Government  arid  people  of  the  United  States, 

40594  and  bind  themselves  individually  arid  collectively  to  use  their 

40595  influence  to  the  extent  of  their  ability  to  prevent  other  bauds  of 

40596  Dakota  or  other  adjacent  tribes  from  making  hostile  demonstra- 

40597  tions  against  the  Government  or  people  of  the  United  States. 

40598  ARTICLE  2.  The  said  bands  hereby  cede  to  the   United 

40599  States  the  right  to  construct  wagon-roads,  railroads,  mail  sta- 

40600  tions,  telegraph  lines,  and  such  other  public  improvements  as 

40601  the  interest  of  the  Government  may  require,  over  and  across  the 

40602  lauds  claimed  by  said  bands,  (including  their  reservation,  as 

40603  hereinafter  designated,)  over  any  route  or  routes  that  that  may 

40604  be  selected  by  the  authority  of  the  Government ;  said  lands,  so 

40605  claimed,  being  bounded  on  the  south  and  east  by  the  treaty-line 

40606  of  1851,  (proclaimed  January  24, 1853  ;  see  page  879,)  and  the 

40607  Eed  River  of  the  North  to  the  mouth  of  Goose  River;  on  the 

40608  north  by  the  Goose  River  and  a  line  running  from  the  source 

40609  thereof  by  the  most  westerly  point  of  Devil's  Lake  to  the  Chief's 

40610  Bluff  at  the  head  of  James  River,  and  on  the  west  by  the  James 

40611  River  to  the  mouth  of  Mocasin  River,  and  thence  to  Kampeska 

40612  Lake, 

40613  ARTICLE  3.  For  and  in  consideration  of  the  cession  above 

40614  mentioned,  and  in  consideration  of  the  faithful  and  important 

40615  services  said'  to  have  been  rendered  by  the  friendly  bands  of 

40616  Sissitons  and  Warpetons  Sioux  here  represented,  and  also  in 

40617  consideration  of  the  confiscation  of  all  their  annuities,  reserva- 

40618  tions,  and  improvements,  it  is  agreed  that  there  shall  be  set 

40619  apart  for  the  members  of  said  bauds  who  have  heretofore  sur- 

40620  rendered  to  the  authorities  of  the  Government,  and  were  not 

40621  sent  to  the  Crow  Creek  reservation,  and  for  the  members  of  said 

40622  bands  who  were  released  from  prison  in  1866,  the  following-de- 

40623  scribed  lands  as  a  permanent  reservation,  viz  : 

40624  Beginning  at  the  head  of  Lake  Traversfe],  and  thence  along 

40625  the  treaty -line  of  the  treaty  of  1851  to  Kampeska  Lake  ;  thence 

40626  in  a  direct  line  to  Reipan  or  the  northeast  point  of  the  Coteau 

40627  des  Prairiefs],  and  thence  passing  north  of  Skunk  Lake  on  the 

40628  most  direct  line  to  the  foot  of  Lake  Traverse,  and  thence  along 

40629  the  treaty -line  of  1851  to  the  place  of  beginning. 

40630  ARTICLE  4.  It  is  further  agreed  that  a  reservation  be  set 

40631  apart  for  all  other  members  of  said  bands  who  were  not  sent  to 

40632  the  Crow  Creek  reservation,  and  also  for  the  Cut-Head  bands 

40633  of  Yanktonais  Sioux  a  reservation  bounded  as  follows,  viz  : 

40634  Beginning  at  the  most  easterly  point  of  Devil's  Lake  j  thence 


912 

40635  along  the  waters  of  said  lake  to  the  most  westerly  point  of  the 

40636  same  5  thence  on  a  direct  line  to  the  nearest  point  on  the  Chey- 

40637  enue  Kiver ;  thence  down  said  river  to  a  point  opposite  the 

40638  lower  end  of  Aspen  Island,  and  thence  on  a  direct  line  to  the 

40639  place  of  beginning. 

40640  ARTICLE  5.  The  said  reservations  shall  be  apportioned  in 

40641  tracts  of  (160)  one  hundred  and  sixty  acres  to  each  head  of  a 

40642  family  or  single  person  over  the  age  of  (21)  twenty-one  years, 

40643  belonging  to  said  bands  and  entitled  to  locate  thereon,  who  may 

40644  desire  to  locate  permanently  and  cultivate  the  soil  as  a  means 
40643  of  subsistence :  each  (160)  one  hundred  and  sixty  acres  so  al- 

40646  lotted  to  be  made  to  conform  to  the  legal  subdivisions  of  the 

40647  Government  surveys  when  such  surveys  shall  have  been  made  ; 

40648  and  every  person  to  whom  lands  may  be  allotted  under  the  pro- 
1064!)  visions  of  this  article,  who  shall  occupy  and  cultivate  a  portion 

40650  thereof  for  five  consecutive  years,  shall  thereafter  be  entitled  to 

40651  receive  a  patent  for  the  same  so  soon  as  he  shall  have  fifty  acres 

40652  of  said  tract  fenced,  ploughed,  and  in  crop :  Provided,  [ThatJ 

40653  said  patent  shall  not  authorize  any  transfer  of  said  lands,  or  por- 

40654  tions  thereof,  except  to  the  United  States,  but  said  lands  and  the 

40655  improvements  thereon  shall  descend  to  the  proper  heirs  of  the 

40656  persons  obtaining  a  patent. 

40657  ARTICLE  6.  And,  further,  in  consideration  of  the  destitu- 

40658  tion  of  said  bands  of  Sissitou  and  Warpeton  Sioux,  parties  here- 
1005!)  to,  resulting  from  the  confiscation  of  their  annuities  and  iniprove- 
40363  incuts,  it  is  agreed  that  Congress  will,  in  its  own  discretion,  from 

40661  time  to  time  make  such  appropriations  as  may  be  deemed  re- 

40662  quisite  to  enable  said  Indians  to  return  to  an  agricultural  life 
4  )OG3  under  the  system  in  operation  on  the  Sioux  reservation  in  1862  ; 
4%04  including,  if  thought   advisable,  the   establishment  and  sup- 
40605  port  of  local  and  manual-labor  schools;  the  employment  of  ag- 
40600  ricultural,  mechanical,  and  other  teachers;    the  opening   and 
40007  improvement  of  individual  farms,  and  generally  such  objects  as 
10008  Congress  in  its  wisdom  shall  deem  necessary  to  promote  the 
40660  agricultural  improvement  and  civilization  of  said  bands. 

40670  ARTICLE  7.  An  agent  shall  be  appointed  for  said  bands 

40671  who  shall  be  located  at  Lake  Traverse;  and  whenever  there 
40(172  shall  be  five  hundred  (500)  persons  of  said  bands  permanently 
40073  located  upon  the  Devil's  Lake  reservation,  there  shall  be  an 

0(174  agent  or  other  competent  person  appointed  to  superintend  at 

40675  that  place  the  agricultural,  educational,  and  mechanical  interests 

40670  of  said  bands. 

ARTICLE  8.  All  expenditures  under  the  provisions  of  this 

treaty  shall  be  made  for  the  agricultural  improvement  and  civ- 

)079  ilization  of  the  members  of  said  bands  authorized  to  locate  upon 

the  respective  reservations,  as  hereinbefore  specified,  in  such 


913 

40081-  manner  as  may  be  directed  by  -aw ;  but  no  goods,  provision*, 

40682  groceries,  or  other  articles,  except  materials  for  the  erection  of 

40683  houses  and  articles  to  facilitate  the  operations  of  agriculture, 

40684  shall  be  issued  to  Indians  or  mixed-bloods  on  either  reservation 

40685  unless  it  be  in  payment  for  labor  performed  or  for  produce  de- 

40686  livered  :  Provided,  That,  when  persons  located  on  either  reser- 

40687  vation,  by  reason  of  age,  sickness,  or  deformity,  are  unable  to 

40688  labor,  the  agent  may  issue  clothing  and  subsistence  to  such  per- 
40680  sons  from  such  supplies  as  may  be  provided  for  said  bands. 

40690  ARTICLE  0.  The  withdrawal  of  the  Indians  from  all  de- 

40691  pendence  upon  the  chase  as  a  means  of  subsistence  being  ueces- 

40692  sary  to  the  adoption  of  civilized  habits  among  them,  it  is  de- 

40693  sirable  that  no  encouragement  be  afforded  them  to  continue 

40694  their  hunting  operations  as  means  of  support,  and,  therefore,  it 

40695  is  agreed  that  no  person  will  be  authorized  to  trade  for  furs  or 

40696  peltries  within  the  limits  of  the  laud  claimed  by  said  bands,  as 

40697  specified  in  the  second  article  of  this  treaty,  it  being  contem- 

40698  plated  that  the  Indians  will  rely  solely  upon  agricultural  and 

40699  mechanical  labor  for  subsistence,  and  that  the  agent  will  supply 

40700  the  Indians  and  mixed-bloods  on  the  respective  reservations 

40701  with  clothing,  provisions,  &c.,  as  set  forth  in  article  eight,  so 

40702  soon  as  the  same  shall  be  provided  for  that  purpose.    And  it  is 

40703  further  agreed  that  no  person  not  a  member  of  said  bauds,  par- 

40704  ties  hereto,  whether  white,  mixed-blood,  or  Indian,  except  per- 

40705  sons  in  the  employ  of  the  Government,  or  located  under  its 

40706  authority,  shall  be  permitted  to  locate  upon  said  lands  either 

40707  for  hunting,  trapping,  or  agricultural  purposes. 

40708  ARTICLE  10.  The  chiefs  and  head-men  located  upon  either 

40709  of  the  reservations  set  apart  for  said  bands  are  authorized  to 

40710  adopt  such  rules,  regulations,  or  laws  for  the  security  of  life 

40711  and  property,  the  advancement  of  civilization,  and  the  agricul- 

40712  tural  prosperity  of  the  members  of  said  bands  upon  the  respect- 

40713  ive  reservations,  and  shall  have  authority,  under  the  direction 

40714  of  the  agent  and  without  expense  to  the  Government,  to  organize 

40715  a  force  sufficient  to  carry  out  all  such  rules,  regulations,  or 

40716  laws,  and  all  rules  and  regulations  for  the  government  of  said 

40717  Indians,  as  may  be  i>rescribed  by  the  Interior  Department :  Pro- 

40718  vided,  That  all  rules,  regulations,  or  laws  adopted  or  amended 

40719  by  the  chiefs  and  head-men  on  either  reservation  shall  receive 

40720  the  sanction  of  the  agent.     (See  note  on  page  890.) 

40721  Proclaimed  May  2,  1867. 

115  I  T 


914 


407±J 
40723 


TU1BFS  BUULKS,  (TGULLALAS, 


I07i>4     Tmity  bclici-cn,  the  United  Mates  of  America  and  different  tribes 
40725  of  Sioux  Intlians,  concluded  April  L><)  ct  scq.,  1808;  rat-ifica- 


40725 
4071*6 

407:27 
40728 
40729 

40730 

107:51 
107.".:-' 

io7;;;5 

1(17:51 
107:5.", 

407:56 
40737 
40738 
M)739 

10740 
40741 
40742 
40743 

10711 


40740 

40747 

40748 

40740 

40750 

40751 

40752 

40753 

40754 

10755 

4075G 

40757 

40758 

40750 

407GO 

40761 

407G2 

40763 

407G4 

40765 


Of 

lion  a<triscil  February  10,  1869. 

Joiixsox,  President  of  the  United  States  of  America, 
to  all  and  singular  to  whom  these  presents  shall  come, 
greeting  : 

Whereas  a  treaty  was  made  and  concluded  at  Fort  Laramie, 
in  the  Territory  of  Dakota,  [now  in  the  Territory  of  Wyoming,] 
on  the  twenty-ninth  day  of  April,  and  afterwards,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty-eight,  by  and 
between  Xathaniel  (I.Taylor,  William  T.  Sherman,  William  S. 
Ilarney,  John  13.  Sanborn,  S.  F.  Tappan,  C.  0.  Augur,  and  Alfred 
II.  Terry,  commissioners  on  the  part  of  the  United  States,  and 
J\ra-7>a-pon-kaska,Tah-shiin-ka-coqni-pah,IIeh-wou-ge-chat.  Mah- 
to  non-pali,  Little  Chief,  Makh-pi-ah-lu-tah,  Co-cam-i-ya-ya,  Con- 
te-pe  ta,  Ma-wa-tau-ni-hav-ska,  He-na-pin-wa-ni-ea,  Wah-pah- 
shaw,  and  other  chiefs  and  head-men  of  different  tribes  of  Sioux 
Indians,  on  the  part  of  said  Indians,  and  duly  authorized  thereto 
by  them,  which  treaty  is  in  the  words  and  figures  following,  to 
wit : 

Articles  of  a  treaty  made  and  concluded  by  and  between  Lieu 
tenant-General  William  T.  Sherman,  General  William  S. 
Ilarney,  General  Alfred  II.  Terry,  General  C.  C.  Augur,  J.  B. 
Henderson,  Nathaniel  G.  Taylor,  John  B.  Sanborn,  and 
Samuel  F.  Tappan,  duly  appointed  commissioners  on  the 
part  of  the  United  States,  and  the  different  bands  of  the 
Sioux  Xation  of  Indians,  by  their  chiefs  and  head-men,  whose 
names  are  hereto  subscribed,  they  being  duly  authorized  to 
act  in  the  premises. 

ARTICLE  1.  From  this  day  forward  all  war  between  the 
parties  to  this  agreement  shall  forever  cease.  The  Government 
of  the  United  States  desires  peace,  and  its  honor  is  hereby 
pledged  to  keep  it.  The  Indians  desire  peace,  and  they  now 
pledge  their  honor  to  maintain  it. 

If  bad  men  among  the  whites,  or  among  other  people  subject 
to  the  authority  of  the  United  States,  shall  commit  any  wrong 
upon  the  person  or  property  of  the  Indians,  the  United  States 
will,  upon  proof  made  to  the  agent  and  forwarded  to  the  Com 
missioner  of  Indian  Affairs  at  Washington  City,  proceed  at  once 
to  cause  the  offender  to  be  arrested  and  punished  according  to 
the  laws  of  the  United  States,  and  also  re-imburse  the  injure.d 
person  for  the  loss  sustained. 


915 

4070(3  If  bad  men  among-  the  Indians  shall  commit  a  wrong  or 

40707  depredation  upon  the  person  or  property  of  any  one,  white, 

40708  black,  or  Indian,  subject  to  the  authority  of  the  United  States, 

40709  and  at  peace  therewith,  the  Indians  herein  named  solemnly 

40770  agree  that  they  will,  upon  proof  made  to  their  agent  and  notice 

40771  by  him,  deliver  up  the  wrong-doer  to  the  United  States,  to  be 

40772  tried,  and  punished  according  to  its  laws;  and  in  case  they  wil- 

40773  fully  refuse  so  to  do,  the  person  injured  shall  be  re-imbursed  for 

40774  his  loss  from  the  annuities  or  other  moneys  due  or  to  become 

40775  due  to  them  under  this  or  other  treaties  made  with  the  United 

40776  States.     And  the  President,  on  advising  with  the  Commissioner 

40777  of  Indian  Affairs,  shall  prescribe  such  rules  and  regulations  for 

40778  ascertaining^damages  under  the  provisions  of  this  article  as  in 

40779  his  judgment  may  be  proper.     Hut  no  one  sustaining  loss  while 

40780  violating  the  provisions  of  this  treaty  or  the  laws  of  the  United 

40781  States  shall  be  re-imbursed  therefor. 

40782  ARTICLE  2.  The  United  States  agrees  that  the  following 

40783  district  of  country,  to  wit,  viz  :  commencing  on  the  east  bank  of 

40784  the  Missouri  Kivcr  where  the  forty-sixth  parallel  of  north  lati- 

40785  ttide  crosses  the  same;  thence  along  low-water  mark  down  said 
40780  east  bank  to  a  point  opposite  where  the  northern  line  of  the 

40787  State  of  Nebraska  strikes  the  river;   thence  west  across  said 

40788  river  and  along  the  northern  line  of  Nebraska  to  the  one  hun- 

40789  dred  and   fourth    degree  of  longitude  west  from  Greenwich; 

40790  thence  north  on  said  meridian  to  a  point  where  the  forty-sixth 

40791  parallel  of  north  latitude  intercepts  the  same;  thence  due  east 

40792  along  said  parallel  to  the  place  of  beginning;  and,  in  addition 

40793  thereto,  all  existing  reservations  on  the  east  bank  of  said  river 

40794  shall  be,  and  the  same  is,  set  apart  for  the  absolute  and  undis- 

40795  turbed  use  and  occupation  of  the  Indians  herein  named,  and  for 

40796  such  other  friendly  tribes  cr  individual  Indians  as  from  time  to 

40797  time  they  may  be  willing,  with  the  consent  of  the  United  States, 

40798  to  admit  amongst  them ;  and  the  United  States  now  solemnly 

40799  agrees   that  no  persons  except  those  herein  designated  and 

40800  authorized  so  to  do,  and  except  such  officers,  agents,  and  em- 

40801  ployes  of  the  Government  as  may  be  authorized  to  enter  upon 

40802  Indian  reservations  in  discharge  of  duties  enjoined  by  law,  shall 

40803  ever  be  permitted  to  pass  over,  settle  upon,  or  reside  in  the  ter- 

40804  ritory  described  in  this  article,  or  in  such  territory  as  may  be 

40805  added  to  this  reservation  for  the  use  of  said  Indians,  and  heuce- 

40806  forth  they  will,  and  do  hereby,  relinquish  all  claims  or  right  in 

40807  and  to  any  portion  of  the  United  States  or  Territories,  except 

40808  such  as  is  embraced  within  the  limits  aforesaid,  and  except  as 

40809  hereinafter  provided. 

40810  ARTICLE  3.  If  it  should  appear  from  actual  survey  or  other 

40811  satisfactory  examination  of  said  tract  of  land  that  it  contains 


916 

40812  less  than  one  hundred  and  sixty  acres  of  tillable  land  for  each 

40813  person  who,  at  the  time,  may  be  authorized  to  reside  on  it  under 

40814  the  provisions  of  this  treaty,  and  a  very  considerable  number  of 

40815  such  persons  shall  be  disposed  to  commence  cultivating  the  soil 
4081G  as  fanners,  the  United  States  agrees  to  set  apart,  for  the  use  of 

40817  said  Indians,  as  herein  provided,  such  additional  quantity  of 

40818  arable  laud,  adjoining  to  said  reservation,  or  as  near  to  the  same 

40819  as  it  can  be  obtained,  as  may  be  required  to  provide  the  necessary 

40820  amount. 

40821  ARTICLE  4.  The  United  States  agrees,  at  its  own  proper 

40822  expense,  to  construct  at  some  place  on  the  Missouri  Eiver,  near 

40823  the  centre  of  said  reservation,  where  timber  and  water  may  be 

40824  convenient,  the  following  buildings,  to  wit:   a  warehouse,  a 

40825  store-room  for  the  use  of  the  agent  in  storing  goods  belonging  to 

40826  the  Indians,  to  cost  not  less  than  twenty-five  hundred  dollars  ; 

40827  an  agency -building  for  the  residence  of  the  agent,  to  cost  not 

40828  exceeding  three  thousand  dollars ;  a  residence  for  the  physician, 

40829  to  cost  not  more  than  three  thousand  dollars ;  and  five  other 

40830  buildings,  for  a  carpenter,  farmer,  blacksmith,  miller,  and  engi- 

40831  neer,  each  to  cost  not  exceeding  two  thousand  dollars;  also  a 

40832  school-house  or  mission-building,  so  soon  as  a  sufficient  number 

40833  of  children  can  be  induced  by  the  agent  to  attend  school,  which 

40834  shall  not  cost  exceeding  five  thousand  dollars. 

40835  The  United  States  agrees  further  to  cause  to  be  erected  on 
4083G  said  reservation,  near  the  other  buildings  herein  authorized,  a 

40837  good   steam  circular-saw  mill,  with  a  grist-mill   and  shingle- 

40838  machine  attached  to  the  same,  to  cost  not  exceeding  eight  thon- 

40839  sand  dollars. 

40840  ARTICLE  5.  The  United  States  agrees  that  the  agent  for 

40841  said  Indians  shall  in  the  future  make  his  home  at  the  agency- 

40842  building;  that  he  shall  reside  among  them,  and  keep  an  office 

40843  open  at  all  times  for  the  purpose  of  prompt  and  diligent  inquiry 

40844  into  such  matters  of  complaint  by  and  against  the  Indians  as 

40845  may  be  presented  for  investigation  under  the  provisions  of  their 
4084G  treaty  stipulations,  as  also  for  the  faithful  discharge  of  other 

40847  duties  enjoined  on  him  by  law.    In  all  cases  of  depredation  on 

40848  person  or  property  he  shall  cause  the  evidence  to  be  taken  in 

40849  writing  and  forwarded,  together  witli  his  findings,  to  the  Com- 

40850  missioner  of  Indian  Affairs,  whose  decision,  subject  to  the  revision 

40851  of  the  Secretary  of  the  Interior,  shall  be  binding  on  the  parties 

40852  to  this  treaty. 

ARTICLE  G.  If  any  individual  belonging  to  said  tribes  ot 

1854  Indians,  or  legally  incorporated  with  them,  being  the  head  of  a 

>855  family,  shall  desire  to  commence  farming,  he  shall  have  the 

1856  privilege  to  select,  in  the  presence  and  with  the  assistance  of 

>857  the  agent  then  in  charge,  a  tract  of  land  within  said  reservation, 


917 

40858  not  exceeding  three  hundred  and  twenty  acres  in  extent,  which 

40859  tract,  when  so  selected,  certified,  and  recorded  in  the  "land-book," 
408GO  as  herein  directed,  shall  cease  to  be  held  in  common,  but  the 
40861  same  may  be  occupied  and  held  in  the  exclusive  possession  of 
40SG2  the  person  selecting  it,  and  of  his  family,  so  long  as  he  or  they 

40863  may  continue  to  cultivate  it. 

40864  Any  person  over  eighteen  years  of  age,  not  being,  the  head 
408G5  of  a  family,  may,  in  like  manner,  select  and  cause  to  be  certified 

40866  to  him  or  her,  for  purposes  of  cultivation,  a  quantity  of  land  not 

40867  exceeding  eighty  acres  in  extent,  and  thereupon  be  entitled  to 

40868  the  exclusive  possession  of  the  same  as  above  directed. 

40860  For  each  tract  of  land  so  selected,  a  certificate,  containing  a 

40870  description  thereof  and  the  name  of  the  person  selecting  it,  with 

40871  a  certificate  endorsed  thereon  that  the  same  has  been  recorded, 

40872  shall  be  delivered  to  the  party  entitled  to  it,  by  the  agent,  after 

40873  the  same  shall  have  been  recorded  by  him  in  a  book  to  be  kept 

40874  in  his  office,  subject  to  inspection,  which  said  book  shall  be 

40875  known  as  the  "  Sioux  Land-Book." 

40876  The  President  may,  at  any  time,  order  a  survey  of  the  res- 

40877  ervation,  and,  when  so  surveyed,  Congress  shall  provide  for  pro- 

40878  tecting  the  rights  of  said  settlers  in  their  improvements,  and 

40879  may  fix  the  character  of  the  title  held  by  each.    The  United 

40880  States  may  pass  such  laws  on  the  subject  of  alienation  and  de- 

40881  scent  of  property  between  the  Indians  and  their  descendants  as 

40882  may  be  thought  proper.     And  it  is  further  stipulated  that  any 

40883  male  Indians,  over  eighteen  years  of  age,  of  any  band  or  tribe 

40884  that  is  or  shall  hereafter  became  a  party  to  this  treaty,  who  now 

40885  is  or  who  shall  hereafter  become  a  resident  or  occupant  of  any 

40886  reservation  or  Territory  not  included  in  the  tract  of  country  des- 

40887  ignated  and  described  in  this  treaty  for  the  permanent  home  of 

40888  the  Indians,  which  is  not  mineral  land,  nor  reserved  by  the 

40889  United  States  for  special  purposes  other  than  Indian  occupation, 

40890  and  who  shall  have  made  improvements  thereon  of  the  value  of 

40891  two  hundred  dollars  or  more,  and  continuously  occupied  the 

40892  same  as  a  homestead  for  the  term  of  three  years,  shall  be  enti- 

40893  tied  to  receive  from  the  United  States  a  patent  for  one  hundred 

40894  and  sixty  acres  of  laud  including  his  said  improvements,  the 

40895  same  to  be  in  the  form  of  the  legal  subdivisions  of  the  surveys 

40896  of  the  public  lands.    Upon  application  in  writing,  sustained  l>y 

40897  the  proof  of  two  disinterested  witnesses,  made  to  the  register  of 

40898  the  local  land-office  when  the  land  sought  to  be  entered  is  within 

40899  a  land  district,  and  when  the  tract  sought  to  be  entered  is  not 

40900  in  any  land  district,  then  upon  said  application  and  proof  being 

40901  made  to  the  Commissioner  of  the  General  Land-Office,  and  the 

40902  right  of  such  Indian  or  Indians  to  enter  such  tract  or  tracts  of 

40903  land  shall  accrue  and  be  perfect  from  the  date  of  his  first  improve- 


1)18 

401)04  inents  thereon,  and  shall  continue  as  long  as  lie  continues  his 

40905  residence  and  improvements,  and  no  longer.     And  any  Indian 

4090G  or  Indians  receiving  a  patent  for  land  under  the  foregoing  pro- 

40907  visions  shall  thereby  and  from  thenceforth   become  and  be  a 

40908  citizen  of  the  United  States,  and  be  entitled  to  all  the  privileges 

40909  and  immunities  of  such  citizens,  and  shall,  at  the  same  time, 

40910  retain  all  his  rights  to  benefits  accruing  to  Indians  under  this 

40911  treaty. 

40912  AKTICLK  7.  In  order  to  insure  the  civilization  of  the  Indians 
400i:5  entering  into  this  treaty,  the  necessity  of  education  is  admitted, 
40914  especially  of  such  of  them  as  are  or  may  be  settled  on  said  agri- 
4091, "»  cultural  reservations,  and  they  therefore  pledge  themselves  to 
4091  <J  compel  their  children,  male  and  female,  l)3t\veen  the  ages  of  six 
10917  and  sixteen  years,  to  attend  school;  and  it  is  hereby  made  the 
4091  s  duty  of  the  agent  for  said  Indians  to  see  that  this  stipulation  is 
40919  strictly  complied  with ;  and  the  United  States  agrees  that  for 
lO'.rjo  every  thirty  children  between  said  ages  who  can  be  induced  or 
40921  compelled  to  attend  school,  a  house  shall  be  provided  and  a 
409U2  teacher  competent  to  teach  the  elementary  branches  of  an  Eng- 
4091'.' 5  lish  education  shall  be  furnished,  who  will  reside  among  said 
4091*4  Indians,  and  faithfully  discharge  his  or  her  duties  as  a  teacher. 
40925  The  provisions  of  this  article  to  continue  for  not  less  than  twenty 
4092(1  years. 

4091*7  AKTICLK  S.  When  the  head  of  a  family  or  lodge  shall  have 

1092S  selected  lands  and  received  his  certificate  as  above  directed,  and 

10929  the  agent  shall  be  satisfied  that  he  intends  in  good  faith,  to  com- 

40930  meuce  cultivating  the  soil  for  a  living,  he  shall  be  entitled  to 

40931  receive  seeds  and  agricultural  implements  for  the  first  year,  not 
40931*  exceeding  in  value  one  hundred  dollars,  and  for  each  succeeding 
409:{.'5  year  he  shall  continue  to  farm,  for  a  period  of  three  years  more, 

40934  he  shall  be  entitled  to  receive  seeds  and  implements  as  aforesaid, 

40935  not  exceeding  in  value  twenty-five  dollars. 

4093G  And  it  is  further  stipulated  that  such  persons  as  commence 

40937  farming  shall  receive  instruction  from  the  farmer  herein  provided 

40938  for,  and  whenever  more  than  one  hundred  persons  shall  enter 

40939  upon  the  cultivation  of  the  soil,  a  second  blacksmith  shall  be 

40940  provided,  with  such  iron,  steel,  and  other  material  as  may  be 

40941  needed. 

AUTICLE  9.  At  any  time  after  ten  years  from  the  making  of 
this  treaty,  the  United  States  shall  have  the  privilege  of  with- 

)44  drawing  the  physician,  farmer,  blacksmith,  carpenter,  engineer, 

>45  and  miller  herein  provided  for,  but  in  case  of  such,  withdrawal 

>4G  an  additional  sum  thereafter  of  ten  thousand  dollars  per  annum 

>47  shall  be  devoted  to  the  education  of  said  Indians,  and  the  Com 
missioner  of  Indian  Affairs  shall,  upon  careful  inquiry  into  their 
condition,  make  such  rules  and  regulations  for  the  expenditure 


1)19 

40950  of  said  sum  as  will  best  promote  the  educational  and  moral  im- 

40951  provenieut  of  said  tribes. 

•10952  ARTICLE  10.  In  lieu  of  all  sums  of  money  or  other  annuities 

4095^]  provided  to  be  paid  to  the  Indians  herein  named,  under  any 

40954  treaty  or  treaties  heretofore  made,  the  United  States  agrees  to 

40955  deliver  at  the  agency-house  on  tlie  reservation  herein  named, 
4095G  on  [or  before]  the  first  day  of  August  of  each  year,  for  thirty 

40957  years,  the  following  articles,  to  wit: 

40958  For  each  male  person  over  fourteen  years  of  age,  a  suit  of 

40959  good  substantial  woolen  clothing,  consisting  of  coat,  pantaloons, 

40960  tlanuel  shirt,  hat,  and  a  pair  of  home-made  socks. 

409G1  For  each  female  over  twelve  years  of  age,  a  flannel  skirt, 

40962  or  the  goods  necessary  to  make  it,  a  pair  of  woolen  hose,  twelve 

40963  yards  of  calico,  and  twelve  yards  of  cotton  domestics. 

40904  For  the  boys  and  girls  under  the  ages  named,  such  flannel 

40965  and  cotton  goods  as  may  be  needed  to  make  each  a  suit  as  aforc- 

40966  said,  together  with  a  pair  of  woolen  hose  for  each. 

40967  And  in  order  that  the  Commissioner  of  Indian  Affairs  may 

40968  be  able  to  estimate  properly  for  the  articles  herein  named,  it 

40969  shall  be  the  duty  of  the  agent  each  year  to  forward  to  him  a  full 

40970  and  exact  census  of  the  Indians,  on  which  the  estimate  from 

40971  year  to  year  can  be  based. 

40972  And  in  addition  to  the  clothing  herein  named,  the  sum  of 

40973  ten  dollars  for  each  person  entitled  to  the  beneficial  effects  of 

40974  this  treaty  shall  be  annually  appropriated  for  a  period  of  thirty 

40975  years,  while  such  persons  roam  and  hunt,  and  twenty  dollars  for 

40976  each  person  who  engages  in  farming,  to  be  used  by  the  Secre- 

40977  tary  of  the  Interior  in  the  purchase  of  such  articles  as  from  time 

40978  to  time  the  condition  and  necessities  of  the  Indians  may  indicate 

40979  to  be  proper.     And  if  within  the  thirty  years,  at  any  time,  it 

40980  shall  appear  that  the  amount  of  money  needed  for  clothing 

40981  under  this  article  can  be  appropriated  to  better  uses  for  the  In- 

40982  diaus  named  herein,  Congress  may,  by  law,  change  the  appro- 

40983  priation  to  other  purposes;  but  in  no  event  shall  the  amount  of 

40984  this  appropriation  be  withdrawn  or  discontinued  for  the  period 

40985  named.     And  the  President  shall  annually  detail  an  officer  of 

40986  the  Army  to  be  present  and  attest  the  delivery  of  all  the  goods 

40987  herein  named  to  the  Indians,  and  he  shall  inspect  and  report  on 

40988  the  quantity  and  quality  of  the  goods  and  the  manner  of  their 

40989  delivery.     And  it  is  hereby  expressly  stipulated  that  each  In- 

40990  dian  over  the  age  of  four  years,  who  shall  have  removed  to  and 

40991  settled  permanently  upon  said  reservation  and  complied  with 

40992  the  stipulations  of  "this  treaty,  shall  be  entitled  to  receive  from 

40993  the  United  States  for  the  period  of  four  years  after  he  shall  have 

40994  settled  upon  said  reservation,  one  pound  of  meat  and  one  pound 

40995  of  flour  per  day,  provided  the  Indians  cannot  furnish  their  own 


920 

4099G  subsistence  at  an  earlier  date.  And  it  is  further  stipulated  that 

-10997  the  United  States  will  furnish  and  deliver  to  each  lodge  of  In- 

40998  dians  or  family  of  persons  legally  incorporated  with  them,  who 

40999  si i till  remove  to  the  reservation  herein  described  and  commence 

41000  farming,  one  good  American  cow,  and  one  good  well-broken  pair 

41001  of  American  oxen  within  sixty  days  after  such  lodge  or  family 

41002  shall  have  so  settled  upon  said  reservation. 

41003  ARTICLE  11.  In  consideration  of  the  advantages  and  bene- 

41004  fits  conferred  by  this  treaty,  and  the  many  pledges  of  friendship 

41005  by  the  United  States,  the  tribes  who  are  parties  to  this  agree- 
4100G  incut  hereby  stipulate  that  they  will  relinquish  all  right  to 
11007  occupy  permanently  the  territory  outside  their  reservation  as 
I  loos  herein  defined,  but  yet  reserve  the  right  to  hunt  on  any  lands 
1 1 009  north  of  Xorth  Platte,  and  on  the  Republican  Fork  of  the  Smoky 

41010  Hill  IMver,  so  long  as  the  buffalo  may  range  thereon  in  such 

41011  iiumbeTs  as  to  justify  the  chase.     And  they,  the  said  Indians, 

41012  further  expressly  agree : 

41013  1st.  That  they  will  withdraw  all  opposition  to  the  construe- 

41014  tion  of  the  railroads  now  being  built  on  the  plains. 

41015  2d.  That  they  will  permit  the  peaceful  construction  of  any 

41016  railroad  not  passing  over  their  reservation  as  herein  denned. 

41017  3d.  That  they  will  not  attack  any  persons  at  home  or  travel- 

41018  ling,  nor  molest  or  disturb  any  wagon-trains,  coaches,  mules,  or 

41019  cattle  belonging  to  the  people  of  the  United  States  or  to  per- 

41020  sons  friendly  therewith. 

41021  4th.  They  will  never  capture  or  carry  off  from  the  settle- 

41022  meiits  white  women  or  children. 

41023  5th.  They  will  never  kill  or  scalp  white  men,  nor  attempt  to 

41024  do  them  harm. 

41025  Gth.  They  withdraw  all  pretence  of  opposition  to  the  con- 
4102G  struction  of  the  railroad  now  being  built  along  the  Platte  River 

41027  and  westward  to  the  Pacific  Ocean,  and  they  will  not  in  future 

41028  object  to  the  construction  of  railroads,  wagon-roads,  inail-sta- 

41029  tions,  or  other  works  of  utility  or  necessity  which  may  be  ordered 

41030  or  permitted  by  the  laws  of  the  United  States.    But  should 
4L031  such  roads  or  other  works  be  constructed  on  the  lands  of  their 

reservation,  the  Government  will  pay  the  tribe  whatever  amount 

>->3  of  damage  may  be  assessed  by  three  disinterested  cominission- 

);>  1  ers,  to  be  appointed  by  the  President  for  that  purpose,  one  of 

>35  said  commissioners  to  be  a  chief  or  head-man  of  the  tribe. 

7th.  They  agree  to  Avithdraw  all  opposition,  to  the  military 

337  posts  or  roads  now  established  south  of  the  North  Platte  Eiver, 

or  that  may  be  established,  not  in  violation  of  treaties  hereto- 

039  fore  made  or  hereafter  to  be  made  with  any  of  the  Indian  tribes. 

ARTICLE  12.  JSTo  treaty  for  the  cession  of  any  portion  or 

part  of  the  reservation  herein  described  which  may  be  held  in 


41042 
41043 
41044 
41045 
4 1040 
41047 
41048 
41040 
41050 
41051 
41052 
41053 
41054 
41055 
41056 
41057 
41058 
41059 
41000 
41061 
41062 
41063 
41064 
41065 
41066 
41067 
41068 
41069 
41070 
41071 
41072 
41073 
41074 
41075 
41076 
41077 
41078 
41079 
41080 
41081 
41082 
41083 
41084 
41085 
41086 


921 

common  shall  be  of  any  validity  or  force  as  against  the  said 
Indians  unless  executed  and  signed  by  at  least  three-fourths  of 
all  the  adult  male  Indians  occupying  and  interested  in  the  same; 
and  no  cession  by  the  tribe  shall  be  understood  or  construed  in 
such  manner  as  to  deprive,  without  his  consent,  any  individual 
member  of  the  tribe  of  his  rights  to  any  tract  of  land  selected 
by  him,  as  provided  in  article  6  of  this  treaty. 

ARTICLE  13.  The  United  States  hereby  agrees  to  furnish 
annually  to  the  Indians  the  physician,  teachers,  carpenter,  mill 
er,  engineer,  farmer,  and  blacksmiths  as  herein  contemplated, 
and  that  such  appropriations  shall  be  made  from  time  to  time, 
on  the  estimates  of  the  Secretary  of  the  Interior,  as  will  be 
sufficient  to  employ  such  persons. 

ARTICLE  14.  It  is  agreed  that  the  sum  of  five  hundred  dol 
lars  annually,  for  three  years  from  date,  shall  be  expended  in 
presents  to  the  ten  persons  of  said  tribe  who,  in  the  judgment 
of  the  agent,  may  grow  the  most  valuable  crops  for  the  respect 
ive  year. 

ARTICLE  15.  The  Indians  herein  named  agree  that  when  the 
agency-house  or  other  buildings  shall  be  constructed  on  the 
reservation  named,  they  will  regard  the  said  reservation  their 
permanent  home,  and  they  will  make  no  permanent  settlement 
elsewhere ;  but  they  shall  have  the  right,  subject  to  the  con 
ditions  and  modifications  of  this  treaty,  to  hunt,  as  stipulated 
in  Article  11  hereof. 

ARTICLE  16.  The  United  States  hereby  agrees  and  stipu 
lates  that  the  country  north  of  the  North  Platte  Eiver  and  east 
of  the  summits  of  the  Big  Horn  Mountains  shall  be  held  and 
considered  to  be  unceded  Indian  territory,  and  also  stipulates 
and  agrees  that  no  white  person  or  persons  shall  be  permitted 
to  settle  upon  or  occupy  any  portion  of  the  same,  or,  without 
the  consent  of  the  Indians  first  had  and  obtained,  to  pass 
through  the  same ;  and  it  is  further  agreed  by  the  United  States 
that  within  ninety  days  after  the  conclusion  of  peace  with  all 
the  bands  of  the  Sioux  Nation,  the  military  posts  now  estab 
lished  in  the  territory  in  this  article  named  shall  be  abandoned, 
and  that  the  road  leading  to  them  and  by  them  to  the  settle 
ments  in  the  Territory  of  Montana  shall  be  closed. 

ARTICLE  17.  It  is  hereby  expressly  understood  and  agreed 
by  and  between  the  respective  parties  to  this  treaty  that  the 
execution  of  this  treaty  and  its  ratification  by  the  United  States 
Senate  shall  have  the  effect  and  shall  be  construed  as  abrogat 
ing  and  annulling  all  treaties  and  agreements  heretofore  entered 
into  between  the  respective  parties  hereto,  so  far  as  such  treaties 
and  agreements  obligate  the  United  States  to  furnish  and  pro- 
116  i  T 


922 

41087  vide  money,  clothing,  or  other  articles  of  property  to  such  In- 

41088  (linns  and  bands  of  Indians  as  become  parties  to.  this  treaty,  but 

41089  no  further. 

41090  Proclaimed  February  24,  1SG9. 

41091  Articles  concluded  at  Fort  Stanwix,  on  the  twenty-second  day  of 
11092  October,  one  thousand  seven  hundred  and  eighty -four,  between 
HOIK;  (Hirer  Wolcott,  Richard   Butler,  and  Arthur  Lee,  commis- 
41091  sioners  plenipotentiary  from  the   United  States,  in  Congress 
4109.")  aattcniWed,  on  the  one  part,  and  the  sachems  and  warriors  of 
1 109G  the  8ix  Nations  on  the  other. 

11097  The  United  States  of  America  give  peace  to  the  Senecas, 

41098  Mohawks,  Onondagas,  and  Cayugas,  and  receive  them  into  their 

1 1099  protection  upon  the  following  conditions : 

41100  ARTICLE  1.  Six  hostages  shall  be  immediately  delivered  to 

11101  tlic  commissioners  by  the  said  nations,  to  remain  in  possession 

41102  of  the  United  States  till  all  the  prisoners,  white  and  black, 

4110-')  which  were  taken  by  the  said  Senecas,  Mohawks,  Onondagas, 

41104  and  Cayugas,  or  by  any  of  them,  in  the  late  war,  from  among 

41105  the  people  of  the  United  States,  shall  be  delivered  up. 

11100  ARTICLE  2.  The  Oneida  and  Tuscarora  Nations   shall  be 

41 107  secured  in  the  possession  of  the  lands  on  which  they  are  settled! 

41108  ARTICLE  3.  A  line  shall  be  drawn,  beginning  at  the  mouth 

41109  of  a  creek  about  four  miles  east  of  Niagara,  called  Oyonwayea, 

11110  or  Johnston's  Landing-Place,  upon  the  lake  named  by  the  In  - 

11111  dians  Oswego,  and  by  us  Ontario;  from  thence  southerly  in  a 
41112  direction  always  four  miles  east  of  the  carrying-path,  between 
1111.'}  Lake  firie  and  Ontario,  to  the  mouth  of  Tehoseioron,  or  Buffaloe 
11111  Creek  on  Lake  Erie  ;  thence  south  to  the  north  boundary  of  the 
41115  State  of  Pennsylvania  ;  thence  west  to  the  end  of  the  said  north 
411 1G  boundary;  thence  south  along  the  west  boundary  of  the   said 

41117  State  to  the  river  Ohio  ;  the  said  line,  from  the  mouth  of  the 

41118  Oyonwayea  to  the  Ohio,  shall  be  the  western  boundary  of  the 

41119  lands  of  the  Six  Nations,  so  that  the  Six  Nations  shall  and  do 

41120  yield  to  the  United  States  all  claims  to  the  country  west  of  the  said 

41121  boundary,  and  then  they  shall  be  secured  in  the  peaceful  posses 
sion  of  the  lands  they  inhabit  east  and  north  of  the  same,  reser- 

41123  ving  only  six  miles  square  round  the  fort  of  Oswego  to   the 

41124  United  States  for  the  support  of  the  same. 

ARTICLE  4.  The  commissioners  of  the  United  States,  in  con- 

12G  sideration  of  the  present  circumstances  of  the  Six  Nations,  and 

127  in  execution  of  the  humane  and  liberal  views  of  the  United 
States  upon  the  signing  of  the  above  articles,  will  order  goods  to 

29  be  delivered  to  the  said  Six  Nations  for  their  use  and  comfort, 

4 1 130  Proclaimed  October  22, 1 784. 


923 


41131 


SIX  NATION. 


411313 
41133 
41134 
41135 
41136 
41137 
41138 
41139 
41140 
41141 

41142 
41143 
41144 
41145 
41146 
41147 
41148 
41149 
41150 
41151 
41152 
41153 
41154 
41155 
41156 
41157 
41158 
41159 
41160 
41161 
41162 
41163 
41164 
41165 
41166 
41167 
41168 
41169 
41170 
41171 
41172 
41173 


Articles  of  a  treaty  made  at  Fort  liar  mar  the  ninth  day  of  Janu 
ary,  in  the  year  of  our  Lord  one  thousand  seven  hundred  and 
eighty -nine,  let  ween  Arthur  St.  Clair,  esquire,  governor  of  the 
territory  of  the  United  States  of  America  northwest  of  the 
river  Ohio,  and  commissioner  plenipotentiary  of  the  said 
United  States  for  removing  all  causes  of  controversy,  regulat 
ing  trade,  and  settling  boundaries  between  the  Indian  nations 
in  the  northern  department  and  the  said  United  States,  of  the 
one  part,  and  the  sachems  and  warriors  of  the  Six  Nations,  of 
the  other  part. 

ARTICLE  1.  Whereas  the  United  States  iii  Congress  assem 
bled  did,  by  their  commissioners,  Oliver  Wolcott,  llichard  But 
ler,  and  Arthur  Lee,  esquires,  duly  appointed  for  that  purpose, 
at  a  treaty  held  with  the  said  Six  Nations,  viz:  with  the  Mo 
hawks,  Oneidas,  Ouondagas,  Tuscaroras,  Cayugas,  and  Sene- 
kas,  at  Fort  Stanwix,  on  the  twenty-second  day  of  October,  one 
thousand  seven  hundred  and  eighty-four,  give  peace  to  the  said 
nations  and  receive  them  into  their  friendship  and  protection ; 
and 

Whereas  the  said  nations  have  now  agreed  to  and  with  the 
said  Arthur  St.  Glair  to  renew  and  confirm  all  the  engagements 
and  stipulations  entered  into  at  the  before-mentioned  treaty  at 
Fort  Stanwix ;  and 

Whereas  it  was  then  and  there  agreed  between  the  United 
States  of  America  and  the  said  Six  Nations  that  a  boundary- 
line  should  be  fixed  between  the  lands  of  the  said  Six  Nations 
and  the  territory  of  the  said  United  States,  which  boundary- 
line  is  as  follows,  viz  :  Beginning  at  the  mouth  of  a  creek  about 
four  miles  east  of  Niagara,  called  Onouwayea,  or  Johnston's 
Landing-Place,  upon  the  lake  named  by  the  Indians  Oswego  and 
by  us  Ontario;  from  thence  southerly,  in  a  direction  always 
four  miles  east  of  the  carrying-place,  between  Lake  Erie  and 
Lake  Ontario,  to  the  mouth  of  Tehoserotou  or  Buffalo  Creek, 
upon  Lake  Erie ;  thence  south  to  the  northern  boundary  of  the 
State  of  Pennsylvania ;  thence  west  to  the  end  of  the  said  north 
boundary;  thence  south  along  the  west  boundary  of  the  said 
State  to  the  river  Ohio.  The  said  line,  from  the  mouth  of  On- 
onwayea  to  the  Ohio,  shall  be  the  western  boundary  of  the 
lauds  of  the  Six  Nations,  so  that  the  Six  Nations  shall  and  do 
yield  to  the  United  States  all  claim  to  the  country  west  of  the 
said  boundary  ;  and  then  they  shall  be  secured  in  the  possession 
of  the  lauds  they  inhabit  east,  north,  and  south  of  the  same,  re- 


924 

41174  serving  only  six  miles  square  round  the  fort  of  Oswego  for  the 

41175  support  of' the  same.    The  said  Six  Nations,  except  the  Mo- 
41170  hawks,  none  of  whom  have  attended  at  this  time,  for  and  in 
11177  consideration  of  the  peace  then  grunted  to  them,  the  presents 
41178  they  then  received,  us  well  as  in  consideration  of  a  quantity  of 
41170  goods  to  the  value  of  three  thousand  dollars,  now  delivered  to 

41180  them  hy  the  said  Arthur  St.  Clair,  the  receipt  whereof  they  do 

41181  hereby  acknowledge,  do  hereby  renew  and   confirm   the   said 

41182  boundary  line  in  the  words  before-mentioned  to  the  end  that  it 
tl  is; I  may  be  and  remain  as  a  division-line  between  the  lands  of  the 
U  is i  said  Six  Nations  and  the  territory  of  the  United  States  forever. 

II  is.")     And  the  undersigned  Indians,  as  well  in  their  own  names  as  in 

III  si;     the  name  of  their  respective  tribes  and  nations,  their  heirs  and 

1 1 1S7  descendants,  for  the  considerations  before  mentioned,  do  release, 

1 1 1S8  quit-claim,  relinquish,  and  cede  to  the  United  States  of  America 
II  IS!)  all  the  lands  west  of  the  said  boundary  or  division  line  and  be 
ll  I'.io  tweeii  the  said  line  and  the  strait,  from  the  mouth  of  Onouwa 
41101  yea  and  Buffalo  Creek,  for  them,   the  said  United  States  of 
Ml  in'  America,  to  have  and  to  hold  the  same  in  true  and  absolute 
1110;>  propriety  forever. 

HUM  ARTICLE  2.  The  United  States  of  America  confirm  to  the 

4111)5  Six  Nations  all  the  lands  which   they  inhabit  lying  east  and 

Hl%  north  of  the  before-mentioned   boundary -line,   and   relinquish 

H107  and  quit  -claim  to  the  same  and   every  part  thereof,  excepting 

41108  only  six  miles  square  round  the  fort  of  Oswego,  which  six  miles 

•11  r.io  square  round  said  fort  is  again  reserved  to  the  United  States  by 

411*00  these  presents. 

11201  ARTICLE  o.  The  Oiieida  and  Tuscarora  Nations  are  also 

41202  again  secured  and  confirmed  in  the  possession  of  their  respect- 

412o;>>  ive  lands. 

41204  AimcLE  4.  The  United  States  of  America  renew  and  con- 

1 1-05  tirm  the  peace  and  friendship  entered  into  with  the  Six  Nations, 

IlL'Oi;  (except  the  Mohawks,)  at  the  treaty  before  mentioned,  held  at 

11207  Fort  Stanwix,  declaring  the  same  to  be  perpetual.     And  if  the 

411*08  Mohawks  shall  within  six  months  declare  their  assent  to  the 

41200  same  they  shall  be  considered  as  included. 

41210  SEPAKATE   ARTICLE. 

Should  a  robbery  or  murder  be  committed  by  an  Indian  or 
Indians  of  the  Six  Nations  upon  the  citizens  or  subjects  of  the 

113  United  States,  or  by  the  citizens  or  subjects  of  the  United 
States  or  any  of  them,  upon  any  of  the  Indians  of  the  said 
nations,  the  parties  accused  of  the  same  shall  be  tried,  and.  it 

216  found  guilty,  be  punished  according  to  the  laws  of  the  State  or 
of  the  territory  of  the  United  States,  as  the  case  may  be,  where 
the  same  was  committed.  And  should  any  horses  be  stolen, 


41219 
41220 
41221 
41222 
41223 
41224 
41225 
41226 
41227 
41228 
41229 
41230 
41231 
41232 


925 

either  by  the  Indians  of  the  said  nations,  from  the  citizens 
or  subjects  of  the  United  States,  or  any  of  them,  or  by  any 
of  the  said  citizens  or  subjects  from  any  of  the  said  Indians, 
they  may  be  reclaimed  into  whose  possession  soever  they 
may  have  come;  and,  upon  due  proof,  shall  be  restored,  any 
sale  in  open  market  notwithstanding  ;  and  the  persons  con 
victed  shall  be  punished  with  the  utmost  severity  the  laws  will 
admit.  And  the  said  nations  engage  to  deliver  the  persons  that 
may  be  accused,  of  their  nations,  of  either  of  the  before-men 
tioned  crimes,  at  the  nearest  post  of  the  United  States,  if  the  crime 
was  committed  within  the  territory  of  the  United  States,  or  to 
the  civil  authority  of  the  State,  if  it  shall  have  happened  within 
any  of  the  United  States. 
Concluded  June  9,  1789, 


41233  A  treaty  between  the  United  States  of  America  and  the  tribes  of  In- 

41234  (Hans  called  the  Six  Nations. 

41235  The  President  of  the  United  States  having  determined  to 
41230  hold  a  conference  with  the  Six  Nations  of  Indians  for  the  pur- 

41237  pose  of  removing  from  their  minds  all  causes  of  complaint  and 

41238  establishing  a  tirm  and   permanent  friendship  with  them,  and 

41239  Timothy  Pickering  being  appointed  sole  agent  for  that  purpose, 

41240  and  the  agent  having  met  and  conferred  with  the  sachems,  chiefs, 

41241  and  warriors  of  the  Six  Nations  in  a  general  council,  now,  in  order 

41242  to  accomplish  the  good  design  of  this  conference,  the  parties 
4f243  have  agreed  on  the  following  articles,  which,  when  ratilied  by 

41244  the  President,  with  the  advice  and  consent  of  the  Senate  of  the 

41245  United  States,  shall  be  binding  on  them  and  the  Six  Nations. 

41246  ARTICLE  1.  Peace  and  friendship  are  hereby  firmly  estab- 

41247  lished,  and  shall  be  perpetual,  between  the  United  States  and 

41248  the  Six  Nations. 

41249  ARTICLE  2.  The  United  States  acknowledge  the  lands  re- 

41250  served  to  the  Oueida,  Onoudaga,  and  Cayuga  Nations,  in  their 

41251  respective  treaties  with  the  State  of  New  York,  and  called  their 

41252  reservations,  to  be  their  property ;  and  the  United  States  will 

41253  never  claim   the  same,  nor  disturb  them  or  either  of  the  Six 

41254  Nations,  nor  their  Indian  friends  residing  thereon  and  united 

41255  with  them,  in  the  free  use  and  enjoyment  thereof;  but  the  said 

41256  reservations  shall  remain   theirs  until  they  choose  to  sell  the 

41257  same  to  the  people  of  the  United  States,  who  have  the  right  to 

41258  purchase. 

41259  ARTICLE  3.  The  land  of  the  Seueka  Nation  is  bounded  as 

41260  follows:  Beginning  on  Lake  Ontario  at  the  northwest  corner  of 

41261  the  land  they  sold  to  Oliver  Phclps,  the  line  runs  westerly  along 


926 


the  lake,  as  tar  as  O-yfmg  wong-ych  Creek,  at  Johnson's  Land- 
inff-Place,  about  four  miles  eastward  from  the  Fort  of  Niagara  ; 

*">  .  ,  •  /•      „!_  11,    _.  '  _,1      i       J 


41262 

41264  then  southerly  up  that  creek  to  its  main  fork  ;  then  straight  to 

1 1205  the  main  fork  of  Stedman's  Creek,  which  empties  into  the  river 

41266  Niagara  above  Fort  Schlosser,  and  then  onward  from  that  fork, 

112(17  continuing  the  same  straight  course,  to  that  river;  (this  line, 

1120S  from  the  mouth  of  O-ydng-wong-yeh  Creek  to  the  river  Niagara, 

11209  above  Fort  Schlosser,  being  the  eastern  boundary  of  a  strip  of 

41270  land,  extending  from  the  same  line  to  Niagara  Kiver,  which  the 

411*71  Seneka  Nation  ceded  to  the  King  of  Great  Uritain,  at  a  treaty 

41272  held  about  thirty  years  ago,  with  Sir  William  Johnson;)  then 

41273  the  line  runs  along  the  river  Niagara  to  Lake  Erie  ;  then  along 

41274  Lake  Erie  to  the  northeast  corner  of  a  triangular  piece  of  land 
1 1 27,-)  which  the  United  States  conveyed  to  the  State  of  Pennsylvania, 
4127(*  as  by  the  President's  patent  dated  the  third  day  of  March,  1792  ; 
41277  then  due  south  to  the  northern  boundary  of  that  State;  then 
1 127S  due  east  to  the  southwest  corner  of  the  land  sold  by  the  Seneka 

41279  Nation  "to  Oliver  Phelps;  and  then  north  and  northerly  along 

1 12SO  I'helps's  line  to  the  place  of  beginning  on  Lake  Ontario.     Now, 

11251  the  United  States  acknowledge  all  the  land  within  the  afore- 

11252  mentioned  boundaries  to  be  the  property  of  the  Seneka  Nation  ; 

11253  and  the  United  States  will  never  claim  the  same,  nor  disturb 
1 12S 1  the  Seneka  Nation,  nor  any  of  the  Six  Nations,  or  of  their  Indian 
41285  friends  residing  thereon  and  united  with  them,  in  the  free  use 

41280  and  enjoyment  thereof;  but  it  shall  remain  theirs,  until  they 
H2S7  choose  to  sell  the  same  to  the  people  of  the  United  States,  who 
41288  have  the  right  to  purchase. 

1I2S9  AKTKM.H   1    The  United  States  having  thus  described  and 

11290  acknowledged  what  lands  belong  to  the  Oneidas,  Onondagas, 

41291  Cayugas,  and  Senckas,  and  engaged  never  to  claim  the  same, 

11292  nor  to  disturb  them,  or  any  of  the  Six  Nations,  or  their  Indian 

41293  friends  residing  thereon  and  united  with  them,  in  the  free  use 

41294  and  enjoyment   thereof,  now,  the    Six   Nations,  and    each  of 

41295  them,  hereby  engage  that  they  will  never  claim  any  other  lands 
41290  within  the  boundaries  of  the  United  States,  nor  ever  disturb  the 

41297  people  of  the  United   States  in  the  free  use  and   enjoyment 

41298  thereof. 

41299  AKTICLE  5.  The  Seneka  Nation,  all  others  of  the  Six  Na- 

41300  tions  concurring,  cede  to  the  United  States  the  right  of  making 

41301  a  waggon  road  from  Fort  Schlosser  to  Lake  Erie,  as  far  south 

41302  as  JUiftaloe  Creek ;  and  the  people  of  the  United  States  shall 
1303  have  the  free  and  undisturbed  use  of  this  road  for  the  purposes 

41304  of  travelling  and  transportation.   And  the  Six  Nations,  and  each 

41305  of  them,  will  forever  allow  to  the  people  of  the  United  States  a 
1306  free  passage  through  their  lands,  and  the  free  use  of  the  har- 

41307  bours  and  rivers  adjoining  and  within  their  respective  tracts  of 


927 


41308 

41309 

41310 

41311 

41312 

41313 

41314 

41315 

41316 

41317 

41318 

41319 

41320 

41321 

41322 

41323 

41324 

41325 

41326 

41327 

41328 

41329 

41330 

41331 

41332 

41333 

41334 

41335 

41336 

41337 

41338 

41339 

41340 

41311 

41342 

41343 

41344 

41345 

41346 

41347 

41348 

41349 

41350 

41351 

41352 

41353 


land,  for  the  passing  and  securing  of  vessels  and  boats,  and 
liberty  to  land  their  cargoes  where  necessary  for  their  safety. 

ARTICLE  6.  In  consideration  of  the  peace  and  friendship 
hereby  established,  and  of  the  engagements  entered  into  by  the 
Six  Nations,  and  because  the  United  States  desire  with  human. 
ity  and  kindness  to  contribute  to  their  comfortable  support,  and 
to  render  the  peace  and  friendship  hereby  established  strong  and 
perpetual,  the  United  States  now  deliver  to  the  Six  Nations,  and 
the  Indians  of  the  other  nations  residing  among  and  united  with 
them,  a  quantity  of  goods  of  the  value  of  ten  thousand  dollars. 
And  for  the  same  considerations,  and  with  a  view  to  promote 
the  future  welfare  of  the  Six  Nations,  and  of  their  Indian  friends 
aforesaid,  the  United  States  will  add  the  sum  of  three  thousand 
dollars  to  the  one  thousand  five  hundred  dollars  heretofore  al 
lowed  them  by  an  article  ratified  by  the  President  on  the  twenty- 
third  day  of  April,  1792,  making,  in  the  whole,  four  thousand  five 
hundred  dollars,  which  shall  be  expended  yearly  forever  in  pur 
chasing  clothing,  domestic  animals,  implements  of  husbandry, 
and  .other  utensils  suited  to  their  circumstances,  and  in  compen 
sating  useful  artificers,  who  shall  reside  with  or  near  them,  and 
be  employed  for  their  benefit;  the  immediate  application  of  the 
whole  annual  allowance  now  stipulated  to  be  made  by  the  super 
intendent  appointed  by  the  President  for  the  affairs  of  the  Six 
Nations  and  their  Indian  friends  aforesaid. 

ARTICLE  7.  Lest  the  firm  peace  and  friendship  now  estab 
lished  should  be  interrupted  by  the  misconduct  of  individuals, 
the  United  States  and  Six  Nations  agree  that,  for  injuries  done 
by  individuals  on  either  side,  no  private  revenge  or  retaliation 
shall  take  place,  but  instead  thereof  complaint  shall  be  made  by 
the  party  injured  to  the  other — by  the  Six  Nations,  or  any  of 
them,  to  the  President  of  the  United  States  or  the  superintend 
ent  by  him  appointed,  and  by  the  superintendent  or  other  person 
appointed  by  the  President  to  the  principal  chiefs  of  the  Six 
Nations,  or  of  the  nation  to  which  the  offender  belongs,  and  such 
prudent  measures  shall  then  be  pursued  as  shall  be  necessary  to 
preserve  our  peace  and  friendship  unbroken,  until  the  legislature 
(or  great  council)  of  the  United  States  shall  make  other  equitable 
provision  for  the  purpose. 

NOTE. — It  is  clearly  understood  by  the  parties  to  this  treaty 
that  the  annuity  stipulated  in  the  sixth  article  is  to  be  applied 
to  the  benefit  of  such  of  the  Six  Nations,  and  of  their  Indian 
friends  united  with  them  as  aforesaid,  as  do  or  shall  reside  within 
the  boundaries  of  the  United  States,  for  the  United  States  do 
not  interfere  with  nations,  tribes,  or  families  of  Indians  elsewhere 
resident. 

Proclaimed  January  21,  1795. 


928 

41354  SHOSHONEES— NORTHWESTERN  BANDS. 

41355  Treaty  between  the  United  States  of  America  and  the  northwestern 
41350  lands  of  8hoshonce  Indians,  concluded  at  Box  Elder,  July  30, 
41357  1803;  ratification  advised,  until  amendments,  ly  the    Senate, 
4135S  Matrh  7,1804;  amendments  assented  to  November  18,1804. 

41359  Ai-.KAimi  LINCOLN,  President  of  the  United  States  of  America, 

41300  to   all  and  singular  to  whom  those  presents  shall  come, 

41301  greeting: 

41302  Whereas  a  treaty  was  made  and  concluded  at  Box  Elder, 

41303  in  the  Territory  of  Utah,  oji  the  thirtieth  day  of  July,  in  the 

41304  year  of  our  Lord  one  thousand  eight  hundred  and  sixty-three, 
11. 105  by  and  between  James  Duane  Doty,  commissioner,  and  Briga- 
41300  dier  General  P.  Edward    Connor,  on  the  part  of   the   United 

41307  States,  and  the  hereinafter-named  chiefs  and  warriors  of  the 

41308  northwestern  bands  of  Shoshonee  Indians,  on  the  part  of  said 
41300    bands  of  Indians,  and  duly  authorized  thereto  by  them,  which 

41370  treaty  is  in  the  words  and  figures  following,  to  wit: 

41371  Articles  of  agreement  made  at  Box  Elder,  in  Utah  Territory, 

41372  this  thirtieth   day  -of   July,   A.   D.   one    thousand    eight 
1137:5  hundred  and  sixty- three,  by  and  between  the  United  States 

41374  of  America,  represented  by  Brigadier-General  P.   Edward 

41375  Connor,  commanding  the  military  district  of   Utah,   and 
41370  James  Duane  Doty,  commissioner,  and    the  northwestern 

41377  bands  of  the  Shoshonee  Indians,  represented  by  their  chiefs 

41378  and  warriors : 

41370  ARTICLE  1;  It    is    agreed     that     friendly    and    amicable 

41380    relations   shall    be   re-established   between   the   bands   of    the 

1381     Shoshonee  Nation,  parties  hereto,  and   the  United  States,  and 

it  is  declared  that  a  firm  and  perpetual  peace  shall  be  henceforth 

183    maintained  between  the  said  bands  and  the  United  States. 

ARTICLE  2.  The  treaty  concluded  at  Fort  Bridger  on  the 

•*5    2nd  day  of  July,  1803,  (proclaimed  February  24,  1800;  see  page 

380    031,)  between  the  United  Statesand  the  Shoshouee Nation,  being 

587    read  and  fully  interpreted  and  explained  to  the  said  chiefs  and 

warriors,  they  do  hereby  give  their  full  and  free  assent  to  call  of 

the  provisions  of  said  treaty,  and  the  same  are  hereby  adopted 

300    as  a  part  of  this  agreement,  and  the  same  shall  be  binding  upon 

1.301     the  parties  hereto. 

ARTICLE  3.  In  consideration    of    the  stipulations  in  the 

preceding    articles,   the  United   States  agree  to  increase  the 

304    annuity  to  the  Shoshonee  Nation  five  thousand  dollars,  to  be 

paid  in  the  manner  provided  in  said  treaty.    And  the  said 

northwestern  bands  hereby  acknowledge  to  have  received  of  the 


929 

41397  United  States,  at  the  signing  of  these  articles,  provisions  and 

41398  goods  to  the  amount  of  two  thousand  dollars,  to  relieve  their 

41399  immediate  necessities,  the  said  bauds  haviug  been  reduced  by 

41400  the  war  to  a  state  of  utter  destitution. 

41401  ARTICLE  4.  The  country  claimed  by  Pokatello,  for  himself 

41402  and  his  people,  is  bounded  on  the  west  by  Raft  River  and  on  the 

41403  east  by  the  Porteueuf  Mountains. 

41404  ARTICLE  5.  Nothing  herein  contained  shall  be  construed 

41405  or  taken  to  admit  any  other  or  greater  title  or  interest  in  the 

41406  lauds  embraced  within  the  territories  described  in  said  treaty  in 

41407  said  tribes  or  bands  of  Indians  than  existed  in  them  upon  the 

41408  acquisition  of  said  territories  from  Mexico  by  the  laws  thereof. 

41409  Proclaimed  June  17.  1865. 


41410 


SHOSHONEE-GOSHIPS. 


41411  Treaty  between  the   United  States  of  America  and  the  Shoshonee- 

41412  Goship  bands  of  Indians,  concluded  at  Tuilla  Valley  October 

41413  12,  1863 ;  ratification  advised,  with  amendment  by  the  Senate. 

41414  March  7,  1864 ;  amendment  assented  to  November  24,  1864. 

41415  ABRAHAM  LINCOLN,  President  of  the  United  States  of  America, 

41416  to  all  and  singular  to  whom  these  presents  shall  come, 

41417  greeting: 

41418  Whereas  a  treaty  was  made  and  concluded  at  Tuilla  Valley, 

41419  in  the  Territory  of  Utah,  on  the  twelfth  day  of  October,  in  the 

41420  year  of  our  Lord  one  thousand  eight  hundred  and  sixty-three,  by 

41421  and  between  James  Duane  Doty  and  P.  Edward  Connor,  com- 

41422  missiouers  on  the  part  of  the  United  States,  and  the  hereiuaf- 

41423  ter-named  chiefs,  principal  men,  and  warriors  of  the  Shoshouee- 

41424  Goship  bauds  of  Indians,  on  the  part  of  said  bands  of  Indians, 

41425  and  duly  authorized  thereto  by  them,  which  treaty  is  in  the 

41426  words  and  figures  following,  to  wit : 

41427  Treaty  of  peace  and  friendship  made  at  Tuilla  Valley,  in  the 

41428  Territory  of  Utah,  this  twelfth  day  of  October,  A.  D.  one 

41429  thousand  eight  hundred  and  sixty-three,  between  the  United 

41430  States  of  America,  represented  by  the  undersigned  commis- 

41431  siouers,  and  the  Shoshouee  Goship  bands  of  Indians,  repre 

41432  sented  by  their  chiefs,  principal  men,  and  warriors,  as  fol- 

41433  lows : 

41434  ARTICLE  1.  Peace  and  friendship  is  hereby  established  and 

41435  shall  be  hereafter  maintained  between  the  Shoshouee-Goship 

41436  bands  of  Indians  and  the  citizens  and  Government  of  the  United 

41437  States  j  and  the  said  bands  stipulate  and  agree  that  hostilities 

117  I  T 


930 

41438  and  all  depredations  upon  the  emigrant  trains,  tbe  mail,  and  tel- 

41439  egraph  lines,  and  upon  the  citizens  of  the  United  States,  within 

41440  their  country,  shall  cease. 

41441  ARTICLE  2.  It  is  farther  stipulated  by  said  bands  that  the 

41442  several  routes  of  travel  through  their  country  now  or  hereafter 

41443  used  by  white  men  shall  be  forever  free  and  unobstructed  by 

41444  them,  for  the  use  of  the  Government  of  the  United  States,  and 

41445  of  all  emigrants  and  travellers  within  it  under  its  authority  and 

41446  protection,  without  molestation  or  injury  from  them.     And  if 

41447  depredations  are  at  any  time  committed  by  bad  men  of  their 

41448  own  or  other  tribes  within  their  country,  the  offenders  shall  be 

41449  immediately  taken  and  delivered  up  to   the  proper  officers  of 

41450  the  United  States,  to  be  punished  as  their  offences  may  deserve ; 
1 1451  and  the  safety  of  all  travellers  passing  peaceably  over  either  of 

4 1452  said  routes  is  hereby  guaranteed  by  said  bands. 

41453  Military  posts  may  be  established  by  the  President  of  the 

41454  United  States  along  said  routes,  or  elsewhere  in  their  country, 

41455  and  station-houses  may  be  erected  and  occupied  at  such  points 

41456  as  may  be  necessary  for  the  comfort  and  convenience  of  travel- 

41457  lers  or  for  the  use  of  the  mail  or  telegraph  companies. 

4145S  ARTICLE  3.  The  telegraph  and  overland  stage  lines  having 

1 1  159  been  established  and  operated  by  companies  under  the  authority 

41460  of  the  United  States  through  the  country  occupied  by  said  bands, 

41461  it  is  expressly  agreed  that  the  same  may  be  continued  without 

41462  hindrance,  molestation,  or  injury  from  the  people  of  said  bauds, 

41463  and  that  their  property,  and  the  lives  and  property  of  passengers 

41464  in  the  stages,  and  of  the  employees  of  the  respective  companies, 

41465  shall  be  protected  by  them. 

41466  And  further,  it  being  understood  that  provision  has  been 

41467  made  by  the  Government  of  the  United  States  for  the  construc- 
-11  168  tion  of  a  railway  from  the  plains  west  to  the  Pacific  Ocean,  it  is 

41469  stipulated  by  said  bands  that  the  said  railway  or  its  branches 

41470  may  be  located,  constructed,  and  operated,  and  without  moles- 

41471  tation  from  them,  through  any  portion  of  the  country  claimed 

41472  or  occupied  by  them. 

41473  ARTICLE  4.  It  is  further  agreed  by  the  parties  hereto  that 

41474  the  country  of  the  Goship  tribe  may  be  explored  and  prospected 

41475  for  gold  and  silver  or  other  minerals  and  metals,  and  when 

41476  mines  are  discovered  they  may  be  worked,  and  mining  and  agri 
U477  cultural  settlements  formed,  and  ranches  established  wherever 
41478  they  may  be  required.     Mills  may  be  erected  and  timber  taken 

L479  for  their  use,  as  also  for  building  and  other  purposes,  in  any 

•41480  part  of  said  country. 

ARTICLE  5.  It  is  understood  that  the  boundaries  of  the 

country  claimed  and  occupied  by  the  Goship  tribe,  as  defined 

4US3  and  described  by  said  bauds,  are  as  follows :  On  the  north  by 


931 

41484  the  middle  of  the  Great  Desert ;  on  the  west  by  Steptoe  Valley ; 

41485  on  the  south  by  Tooedoe  or  Green  Mountains,  and  on  the  east 

41486  by  Great  Salt  Lake,  Tuilla,  and  Kush  Valleys. 

41487  ARTICLE  6.  The  said  bauds  agree  that  whenever  the  Presi- 

41488  deut  of  the  United  States  shall  deem  it  expedient  for  them  to 

41489  abandon  the  roaming  life  which  they  now  lead,  and  become  set- 

41490  tied  as  herdsmen  or  agriculturists,  he  is  hereby  authorized  to 

41491  make  such  reservations  for  their  use  as  he  may  deem  necessary; 

41492  and  they  do  also  agree  to  remove  their  camps  to  such  reserva- 

41493  tions  as  he  may  indicate,  and  to  reside  and  remain  thereon. 

41494  ARTICLE  7.  The  United  States  being  aware  of  the  incon- 

41495  venience  resulting  to  the  Indians,  in  consequence  of  the  driving 

41496  away  and  destruction  of  game  along  the  routes  travelled  by 

41497  white  men,  and  by  the  formation  of  agricultural  arid  mining  set- 

41498  tlements,  are  willing  to  fairly  compensate  them  for  the  same. 

41499  Therefore,  and  in  consideration  of  the  preceding  stipulations, 

41500  and  of  their  faithful  observance  by  said  bands,  the  United  States 

41501  promise  and  agree  to  pay  to  the  said  Goship  tribe,  or  to  the  said 

41502  bands,  parties  hereto,  at  the  option  of  the  President  of  the 

41503  United  States,  annually  for  the  term  of  twenty  years,  the  sum 

41504  of  one  thousand  dollars,  in  such  articles,  including  cattle  for 

41505  herding  or  other  purposes,  as  the  President  shall  deem  suitable 

41506  for  their  wants  and  condition,  either  as  hunters  or  herdsmen. 

41507  And  the  said  bands,  for  themselves  and  for  their  tribe,  hereby 

41508  acknowledge  the  reception  of  the  said  stipulated  annuities  as  a 

41509  full  compensation  and  equivalent  for  the  loss  of  game  and  the 

41510  rights  and  privileges  hereby  conceded,  and  also  one  thousand 

41511  dollars  in  provisions  and  goods  at  and  before  the  signing  of  this 

41512  treaty. 

41513  ARTICLE  8.  Nothing  herein  contained  shall  be  construed  or 

41514  taken  to  admit  any  other  or  greater  title  or  interest  in  the  lands 

41515  embraced  within  the  territories  described  in  said  treaty  in  said 

41516  tribes  or  bands  of  Indians  than  existed  in  them  upon  the  acquisi- 

41517  tioii  of  said  territories  from  Mexico  by  the  laws  thereof. 

41518  Proclaimed  January  17,  1865. 


41519  SHOSHONEES— EASTERN  BAND  AND   BANNACKS. 

41520  Treaty  between  the  United  States  of  America  and  the  eastern  band 

41521  of  Shoshonees  and  the  Bannack  tribe  of  Indians,  concluded 

41522  July  3,  1868 ;  ratification  advised  February  16,  1869. 

41523  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

41524  to   all  and  singular   to  whom   these  presents   shall   come, 

41525  greeting : 


932 

41526  Whereas  a  treaty  was  made  and  concluded  at  Fort  Bridger, 

41527  in  the  Territory  of  Utah,  on  the  third  day  of  July,  in  the  year  of 

41528  our  Lord  one  thousand  eight  hundred  and  sixty-eight,  by  and 

41529  between  Nathaniel  G.  Taylor,  William  T.  Sherman,  William  S. 

41530  Harney,  John  B.  Sanborn,  S.  F.  Tappan,  C.  C.  Augur,  and  Al- 

41531  fred  H.  Terry,  commissioners  on  the  part  of  the  United  States, 

41532  and  Wash-a  kie,  Wau-ni-pitz,  and  other  chiefs  and  head-men  of 

41533  the  eastern  band  of  Shoshonee  Indians,  and  Tag-gee,  Tay-to-ba, 

41534  and  other  chiefs  and  head-men  of  theBannack  tribe  of  Indians, 

41535  on  the  part  of  said  band  and  tribe  of  Indians,  respectively,  and 

41536  duly  authorized  thereto  by  them,  which  treaty  is  in  the  words 

41537  and  figures  following,  to  wit : 

41538  Articles  of  a  treaty  ivith  the  Shoshonees  (eastern  land)  and  Ban- 

41539  nack  tribes  of  Indians,  made  the  third  day  of  July,  1868,  at 

41540  Fort  Bridger,  Utah  Territory. 

41541  Articles  of  a  treaty  made  and  concluded  at  Fort  Bridger,  Utah 

41542  Territory,  on  the  third  day  of  July,  in  the  year  of  our  Lord 

41543  one  thousand  eight  hundred  and  sixty-eight,  by  and  be- 

41544  tween  the  undersigned  commissioners  on  the  part  of  the 

41545  United  States,  and  the  undersigned  chiefs  and  head-men 

41546  of  and  representing  the  Shoshouee  (eastern  band)  and  Ban  - 

41547  nack  tribes  of  Indians,  they  being  duly  authorized  to  act  in 

41548  the  premises : 

41549  ARTICLE  1.  From  this  day  forward  peace  between  the  par- 

41550  ties  to  this  treaty  shall  forever  continue.     The  Government  of 

41551  the  United  States  desires  peace,  and  its  honor  is  hereby  pledged 

41552  to  keep  it.    The  Indians  desire  peace,  and  they  hereby  pledge 

41553  their  honor  to  maintain  it. 

41554  If  bad  men  among  the  whites,  or  among  other  people  sub- 

41555  ject  to  the  authority  of  the  United  States,  shall  commit  any  wrong 

41556  upon  the  person  or  property  of  the  Indians,  the  United  States 

41557  will,  upon  proof  made  to  the  agent  and  forwarded  to  the  Oom- 

41558  inissioner  of  Indian  Affairs,  at  Washington  City,  proceed  at  once 

41559  to  cause  the  offender  to  be  arrested  and  punished  according  to 

41560  the  laws  of  the  United  States,  and  also  re-imburse  the  injured 

41561  person  for  the  loss  sustained. 

41562  If  bad  men  among  the  Indians  shall  commit  a  wrong  or  dep- 
U563  redation  upon  the  person  or  property  of  any  one,  white,  black, 

41564  or  Indian,  subject  to  the  authority  of  the  United  States  and  at 

41565  peace  therewith,  the  Indians  herein  named  solemnly  agree  that 

41566  they  will,  on  proof  made  to  their  agent  and  notice  by  him,  de- 
U567  liver  up  the  wrong-doer  to  the  United  States,  to  be  tried  and 
U568  punished  according  to  the  laws  ;  and  in  case  they  wilfully  refuse 

41569  so  to  do,  the  person  injured  shall  be  re-imbursed  for  his  loss  from 


933 

41570  the  annuities  or  other  moneys  due  or  to  become  due  to  them 

41571  under  this  or  other  treaties  made  with  the  United  States.     And 

41572  the  President,  on  advising  with  the  Commissioner  of  Indian  Af- 

41573  fairs,  -shall  prescribe  such  rules  and  regulations  for  ascertaining 

41574  damages  under  the  provisions  of  this  article  as  in  his  judgment 

41575  may  be  proper.     But  no  such  damages  shall  be  adjusted  and 

41576  paid  until  thoroughly  examined  and  passed  upon  by  the  Com- 

41577  missioner  of  Indian  Affairs,  and  no  one  sustaining  loss  while 

41578  violating  or  because  of  his  violating  the  provisions  of  this  treaty 

41579  or  the  laws  of  the  United  States  shall  be  re-imbursed  therefor. 

41580  ARTICLE  2.  It  is  agreed  that  whenever  the  Baunacks  desire 

41581  a  reservation  to  be  set  apart  for  their  use,  or  whenever  the 

41582  President  of  the  United  States  shall  deem  it  advisable  for  them 

41583  to  be  put  upon  a  reservation,  he  shall  cause  a  suitable  one  to  be 

41584  selected  for  them  in  their  present  country,  which  shall  embrace 

41585  reasonable  portions  of  the  "  Port  ETeuf "  and  "  Kansas  Prairie" 

41586  countries,  and  that,  when  this  reservation  is  declared,  the  United 

41587  States  will  secure  to  the  Bannacks  the  same  rights  and  privi- 

41588  leges  therein,  and  make  the  same  and  like  expenditures  therein 

41589  for  their  benefit,  except  the   agency-house   and  residence    of 

41590  agent,   in  proportion   to   their   numbers,   as  herein    provided 

41591  for   the   Shoshonee  reservation.      The   United   States  further 

41592  agrees  that  the  following  district  of  country,  to   wit:    Coin- 

41593  mencing   at  the  mouth   af  Owl  Creek  and  running  due  south 

41594  to  the  crest  of  the  divide  between  the  Sweet  water  and  Papo 

41595  Agie  Kivers ;  thence  along  the  crest  of  said  divide   and  the 

41596  summit  of  Wind  River  Mountains  to  the  longitude  of  North 

41597  Fork  of  Wind  River;    thence   due   north   to   mouth   of    said 

41598  North  Fork  and  up  its  channel  to  a  point  twenty  miles  above  its 

41599  mouth;  thence  in  a  straight  line  to  head- waters  of  Owl  Creek 

41600  and  along  middle  of  channel  of  Owl  Creek  to  place  of  beginning, 

41601  shall  be  and  the  same  is  set  apart  for  the  absolute  and  undis- 

41602  turbed  use   and  occupation  of  the  Shoshonee  Indians  herein 

41603  named,  and  for  such  other  friendly  tribes  or  individual  Indian^ 

41604  as  from  time  to  time  they  may  be  willing,  with  the  consent  of 

41605  the  United  States,  to  admit  amongst  them  ;   and  the   United 

41606  States  now  solemnly  agrees  that  no  persons  except  those  herein 

41607  designated  and  authorized  so  to  do,  and  except  such  officers, 

41608  agents,  and  employes  of  the  Government  as  may  be  authorized 

41609  to  enter  upon  Indian   reservations  in  discharge  of  duties  eu- 

41610  joined  by  law,  shall  ever  be  permitted  to  pass  over,  settle  upon, 

41611  or  reside  in  the  territory  described  in  this  article  for  the  use  of 

41612  said  Indians,  and  henceforth  they  will  and  do  hereby  relinquish 

41613  all  title,  claims,  or  rights  in  and  to  any  portion  of  the  territory 

41614  of  the  United  States,  except  such  as  is  embraced  within  the 

41615  limits  aforesaid. 


934 

41616  ARTICLE  3.  The  United  States  agrees,  at  its  own  proper 

41617  expense,  to  construct,  at  a  suitable  point  on  the  Shoshonee  reser- 

41618  vation,  a  warehouse  or  store-room  for  the  use  of  the  agent  in 

41619  storing  goods  belonging  to  the  Indians,  to  cost  not  exceeding 

41620  two  thousand  dollars;  an  agency  building  for  the  residence  of 

41621  the  agent,  to  cost  not  exceeding  three  thousand ;  a  residence  for 

41622  the  physician,  to  cost  not  inore  than  two  thousand  dollars;  and 

41623  five  other  buildings,  for  a  carpenter,  farmer,  blacksmith,  miller, 

41624  and  engineer,  each  to  cost  not  exceeding  two  thousand  dollars; 

41625  also  a  school-house  or  mission  building  so  soon  as  a  sufficient 

41626  number  of  children  can  be  induced   by   the  agent   to  attend 

41627  school,  which  shall  not  cost  exceeding  twenty-five  hundred  dol- 

41628  lars. 

41629  The  United  States  agrees  further  to  cause  to  be  erected  on 

41630  said  Shoshouee  reservation,  near  the  other  buildings  herein  au- 

41631  thorized,  a  good  steam  circular-saw  mill,  with  a  grist-mill  and 

41632  shingle-machine  attached,  the  same  to  cost  not  more  than  eight 

41633  thousand  dollars. 

41634  ARTICLE  4.  The  Indians  herein  named  agree,  when  the 

41635  agency  house  and  other  buildings  shall  be  constructed  on  their 

41636  reservations  named,  they  will  make  said  reservations  their  per- 

41637  mauent  home,  and  they  will  make  no  permanent  settlement  else- 

41638  where ;  but  they  shall  have  the  right  to  hunt  on  the  unoccupied 

41639  lands  of  the  United  States  so  long  as  game  may  be 'found  there- 

41640  on,  and  so  long  as  peace  subsists  among  the  whites  and   In- 

41641  dians  on  the  borders  of  the  hunting  districts. 

I  Kill'  ARTICLE  5.  The  United  States  agrees  that  the  agent  for  said 

41643  Indians  shall  in  the  future  make  his  home  at  the  agency  build- 

41644  ing  on  the  Shoshonee  reservation,  but  shall  direct  and  super- 

41645  vise  affairs  on  the  Banuack  reservation ;    and   shall   keep  an 

41646  office  open    at  all   times  for  the  purpose  of   prompt   and  dili- 

41647  gent  inquiry  into   such  matters  of  complaint  by  and  against 

41648  the  Indians  as  may  be  presented  for  investigation  under  the 

41649  provisions  of  their  treaty  stipulations,  as  also  for  the  faithful 

41650  discharge  of  other  duties   enjoined    by  law.      In  all  cases   of 

41651  depredation  on  person  or  property  he  shall  cause  the  evidence 

41652  to  be  taken  in  writing,  and  forwarded,  together  with  his  finding, 

41653  to  the  Commissioner  of  Indian  Affairs,  whose  decision  shall  be 

41654  binding  on  the  parties  to  this  treaty. 

ARTICLE  6.  If  any  individual  belonging  to  said  tribes  of 

.656  Indians,  or  legally  incorporated  with  them,  Joeing  the  head  of  a 

1657  family,  shall  desire  to  commence  farming,   he  shall  have  the 

C58  privilege  to  select,  in  the  presence  and  with  the  assistance  of 
the  agent  then  in  charge,  a  tract  of  land  within  the  reservation 
of  his  tribe,  not  exceeding  three  hundred  and  twenty  acres  in 
extent,  which  tract  so  selected,  certified,  and  recorded  in  the 


935 

» 

41662  "land- book,"  as  herein  directed,  shall  cease  to  be  held  in  com- 

41663  mon,  but  the  same  may  be  occupied  and  held  in  the  exclusive 

41664  possession  of  the  person  selecting  it,  and  of  his  family,  so  long 

41665  as  he  or  they  may  continue  to  cultivate  it. 

41666  Any  person  over  eighteen  years  of  age,  not  being  the  head 

41667  of  a  family,  may,  in  like  manner,  select  and  cause  to  be  certified 

41668  to  him  or  her,  for  purposes  of  cultivation,  a  quantity  of  land 

41669  not  exceeding  eighty  acres  in  extent,  and  thereupon  be  entitled 

41670  to  the  exclusive  possession  of  the  same  as  above  described.   For 

41671  each  tract  of  land  so  selected  a  certificate,  containing  a  descrip- 

41672  tion  thereof,  and  the  name  of  the  person  selecting  it,  with  acer- 
4L673  tificate  indorsed  thereon  that  the  same  has  been  recorded,  shall 

41674  be  delivered  to  the  party  entitled  to  it  by  the  agent,  after  the 

41675  same  shall  have  been  recorded  by  him  in  a  book  to  be  kept  in 

41676  his  office  subject  to  inspection,  which  said  book  shall  be  known 

41677  as  the  "  Shoshone  (eastern  band)  and  Bannack  land-book.'7 

41678  The  President  may,  at  any  time,  order  a  survey  of  these 

41679  reservations,  and  w1  en  so  surveyed  Congress  shall  provide  for 

41680  protecting  the  rights  of  the  Indian  settlers  in  these  irnproye- 

41681  ments,  and  may  fix  the  character  of  the  title  held  by  each.   The 

41682  United  States  may  pass  such  laws  on  the  subject  of  alienation 

41683  and  descent  of  property  as  between  Indians,  and  on  all  subjects 

41684  connected  with  the  government  of  the  Indians  on  said  reserva- 

41685  tions,  and  the  internal  police  thereof,  as  may  be  thought  proper. 

41686  ARTICLE  7.  In  order  to  insure  the  civilization  of  the  tribes 

41687  entering  into  this  treaty,  the  necessity  of  education  is  admitted, 

41688  especially  of  such  of  them  as  are  or  may  be  settled  on  said  agri- 

41689  cultural  reservations,  and  they  therefore  pledge  themselves  to 

41690  compel  their  children,  male  and  female,  between  the  ages  of  six 

41691  and  sixteen  years,  to  attend  school;  and  it  is  hereby  made  the 

41692  duty  of  the  agent  for  said  Indians  to  see  that  this  stipulation  is 

41693  strictly  complied  with  ;  and  the  United  States  agrees  that  for 

41694  every  thirty  children  between  said  ages  who  can  be  induced  or 

41695  compelled  to  attend  school,  a  house  shall  be  provided  and  a 

41696  teacher  competent  to  teach  the  elementary  brances  of  an  English 

41697  education  shall  be  furnished,  who  will  reside  among  said  Indi- 

41698  ans  and  faithfully  discharge  his  or  her  duties  as  a  teacher.   The 

41699  provisions  of  this  article  to  continue  for  twenty  years. 

41700  ARTICLE  8.  When  the  head  of  a  family  or  lodge  shall  have 

41701  selected  lauds  and  received  his  certificate  as  above  directed,  and 

41702  the  agent  shall  be  satisfied  that  he  intends  in   good  faith  to 

41703  commence  cultivating  fhe  soil  for  a  living,  he  shall  be  entitled 

41704  to  receive  seeds  and  agricultural  implements  for  the  first  year, 

41705  in  value  one  hundred  dollars,  and  for  each  succeeding  year  he 

41 706  shall  continue  to  farm,  for  a  period  of  three  years  more,  he  shall 


936 


41707 
41708 
41709 
41710 
41711 
41712 
41713 
41714 
41715 
41710 
41717 
41718 
41719 
41720 
41721 
41722 
41723 
41724 
41725 
4172G 
41727 
41728 
41729 
41730 
41731 
41732 
41733 
41734 
41735 
41736 
41737 
41738 
41739 
41740 
41741 
41742 
41743 
41744 
41745 
4174G 
41747 
41748 
41749 
41750 
41751 
41752 


be  entitled  to  receive  seeds  and  implements  as  aforesaid  in  value 
twenty-five  dollars  per  annum. 

And  it  is  further  stipulated  that  such  persons  as  commence 
farming  shall  receive  instructions  from  the  farmers  herein  pro 
vided  for,  and  whenever  more  than  one  hundred  persons  on 
either  reservation  shall  enter  upon  the  cultivation  of  the  soil,  a 
second  blacksmith  shall  be  provided,  with  such  iroii,  steel,  and 
other  material  as  may  be  required. 

ARTICLE  9.  In  lieu  of  all  sums  of  money  or  other  annuities 
provided  to  be  paid  to  the  Indians  herein  named,  under  any  and 
all  treaties  heretofore  made  with  them,  the  United  States  agrees 
to  deliver  at  the  agency-house  on  the  reservation  herein  pro 
vided  for,  on  the  first  day  of  September  of  each  year,  for  thirty 
years,  the  following  articles,  to  wit : 

For  each  male  person  over  fourteen  years  of  age,  a  suit  of 
good  substantial  woollen  clothing,  consisting  of  coat,  hat,  pan 
taloons,  flannel  shirt,  and  a  pair  of  woollen  socks ;  for  each 
female  over  twelve  years  of  age,  a  flannel  skirt,  or  the  goods 
necessary  to  make  it,  a  pair  of  woollen  hose,  twelve  yards  of 
calico,  and  twelve  yards  of  cotton  domestics. 

For  the  boys  and  girls  under  the  ages  named,  such  flannel 
and  cotton  goods  as  may  be  needed  to  make  each  a  suit  as 
aforesaid,  together  with  a  pair  of  woollen  hose  for  each. 

And  iii  order  that  the  Commissioner  of  Indian  Affairs  may 
be  able  to  estimate  properly  for  the  articles  herein  named,  it 
shall  be  the  duty  of  the  agent,  each  year,  to  forward  to  him  a 
full  and  exact  census  of  the  Indians,  on  which  the  estimate,  from 
year  to  year,  can  be  based  ;  and,  in  addition  to  the  clothing 
herein  named,  the  sum  of  ten  dollars  shall  be  annually  appro 
priated  for  each  Indian  roaming,  and  twenty  dollars  for  each  In 
dian  engaged  in  agriculture,  for  a  period  of  ten  years,  to  be 
used  by  the  Secretary  of  the  Interior  in  the  purchase  of  such 
articles  as,  from  time  to  time,  the  condition  and  necessities  of 
the  Indians  may  indicate  to  be  proper.  And  if,  at  any  time 
within  the  ten  years,  it  shall  appear  that  the  amount  of  money 
needed  for  clothing  under  this  article  can  be  appropriated  to 
better  uses  for  the  tribes  herein  named,  Congress  may,  by  law, 
change  the  appropriation  to  other  purposes;  but  in  no  event 
shall  the  amount  of  this  appropriation  be  withdrawn  or  discon 
tinued  for  the  period  named.  And  the  President  shall  annually 
detail  an  officer  of  the  Army  to  be  present,  and  attest  the  de 
livery  of  all  the  goods  herein  named  to  the  Indians,  and  he  shall 
inspect  and  report  on  the  quantity  and  quality  of  the  goods  and 
the  manner  of  their  delivery. 

ARTICLE  10.  The  United  States  hereby  agrees  to  furnish 
annually  to  the  Indians  the  physician,  teachers,  carpenter, 


937 

41753  miller,  engineer,  farmer,  and  blacksmith,  as  herein  contemplated, 

41754  and  that  such  appropriations  shall  be  made,  from  time  to  time, 

41755  on  the  estimates  of  the  Secretary  of  the  Interior,  as  will  be  suf- 

41756  ficient  to  employ  such  persons. 

41757  ARTICLE  11.  No  treaty  for  the  cession  of  any  portion  of  the 

41758  reservations  herein  described  which  may  be  held  in  common 

41759  shall  be  of  any  force  or  validity  as  against  the  said  Indians, 

41760  unless  executed  and  signed  by  at  least  a  majority  of  all  the  adult 

41761  male  Indians  occupying  or  interested  in  the  same;  and  no  ces- 

41762  sion  by  the  tribe  shall  be  understood  or  construed  in  such  man- 

41763  uer  as  to  deprive,  without  his  consent,  any  individual  member 

41764  of  the  tribe  of  his  right  to  any  tract  of  land  selected  by  him,  as 

41765  provided  in  Article  6  of  this  treaty. 

41766  ARTICLE  12.  It  is  agreed  that  the  sum  of  five  hundred  tlol- 

41767  lars  annually,  for  three  years  from  the  date  when  they  com- 

41768  inence  to  cultivate  a  farm,  shall  be  expended  in  presents  to  the 

41769  ten  persons  of  said  tribe  who,  in  the  judgment  of  the  agent, 

41770  may  grow  the  most  valuable  crops  for  the  respective  year. 

41771  ARTICLE  13.  It  is  further  agreed  that,  until  such  time  as 

41772  the  agency-buildings  are  established  on  the  Shoshouee  reserva- 

41773  tion,  their  agent  shall  reside  at  Fort  Bridger,  U".  T.,  and  their 

41774  annuities  shall  be  delivered  to  them  at  the  same  place  in  June 

41775  of  each  year. 

41776  Proclaimed  February  24,  1869. 


41777 


STOCKBRIDGE& 


41778  Articles  of  a  treaty  made  at  Stockbridge,  in  the  Territory  of  Wi$- 

41779  cousin,  on  the  third  day  of  September,  in  the  year  of  our  Lord 

41780  one  thousand  eight  hundred  and  thirty-nine,  between  the  United 

41781  States  of  America,  by  their  commissioner,  Albert  Gallup,  and 

41782  the  Stockbridgc  and  Munsee  tribes  of  Indians,  who  reside  upon 

41783  Lal-e  Winnebago,  in  the  Territory  of  Wisconsin. 

41784  ARTICLE  1.  The  Stockbridge  and  Munsee  tribes  of  Indians 

41785  (formerly  of  New  York)  hereby  cede  and  relinquish  to  the  United 

41786  States  the  east  half  of  the  tract  of  forty-six  thousand  and 

41787  eighty  acres  of  land,  which  was  laid  off  for  their  use,  on  the  east 

41788  side  of  Lake  Wiuuebago,  in  pursuance  of  the  treaty  made  by 

41789  George  B.  Porter,  commissioner  on  the  part  of  the  United  States, 

41790  and  the  Meuomince  Nation  of  Indians,  on  the  twenty-seventh 

118  IT 


938 

41791  d-iy  of  October,  eighteen  hundred  and  thirty-two,  (see  page  475 ;) 

4179»  the  said  east  half  hereby  ceded  to  contain  twenty-three  thousand 

41793  and  forty  acres  of  land,  to  be  of  equal  width  at  the  north  and 

41794  south  ends,  and  to  be  divided  from  the  west  half  of  said  tract 

41795  of  forty-six  thousand  and  eighty  acres  by  a  line  to  be  run  parallel 
4179G  to  the  east  line  of  said  tract ;  the  United  States  to  pay  therefor 

41797  one  dollar  per  acre  at  the  time  and  in  the  manner  hereinafter 

41798  provided. 

41799  ARTICLE  2.  Whereas  a  portion  of  said  tribes,  according  to 

41800  a  census  or  roll  taken,  and  hereunto  annexed,  are  desirous  to 

41801  remove  west,  and  the  others  to  remain  where  they  now  are ;  and 

41802  whereas  the  just  proportion  of  the  emigrating  party  in  the  whole 

41803  tract  of  forty-six  thousand  and  eighty  acres  is  eight  thousand 

41804  seven  hundred  and  sixty-seven  and  three-fourths  acres  of  land, 

41805  it  is  agreed  that  the  United  States  pay  to  the  said  emigrating 

41806  party  the  sum  of  eight  thousand  seven  hundred  and  sixty-seven 

41807  dollars  and  seventy-five  cents,  as  a  full  compensation  for  all 

41808  their  interest  in  the  lands  held  by  the  party  who  remain,  as  well 

41809  as  in  the  lauds  hereby  ceded  to  the  United  States, 

41810  ARTICLE  3.  Whereas  the  improvements  of  the  emigrating1 

41811  party  are  all  on  that  part  of  the  original  tract  which  is  reserved 

41812  and  still  held  by  the  party  who  remain  in  Stockbriclge,  and  it  is 

41813  but  equitable  that  those  who  remain  should  pay  those  who  erni* 

41814  grate  for  such  improvements,  it  is  agreed  that  the  United  States 

41815  shall  pay  to  the  emigrating  party  the  sum  of  three  thousand 
4181G  eight  hundred  and  seventy-nine  dollars  and  thirty  cents,  the 

41817  appraised  value  of  said  improvements  j  and  it  is  hereby  agreed, 

41818  and  expressly  understood,  that  the  monies  payable  to  the  erni- 

41819  grating  party  shall  be  distributed  among  the  heads  of  families, 

41820  according  to  the  schedule  hereunto  annexed,  the  whole  amount 
U821  to  be  paid  to  the  emigrating  party  under  this  and  the  preceding 

article  being  the  sum  of  twelve  thousand  six  hundred  and  forty- 
41823    seven  dollars  and  five  cents. 

ARTICLE  4.  The  ballauce  of  the  consideration-money  for 
£5    the  lands  hereby  ceded,  (after  deducting  the  sums  mentioned  in 
82G    the  second  and  third  articles,)  amounting  to  the  sum  of  ten 
$27    thousand  three  hundred  and  ninety-two  dollars  and  ninety-five 
cents,  is  to  be  paid  to  and  invested  for  the  benefit  of  such  of  the 
Stockbridge  and  Munsee  tribes  of  Indians  (numbering  three  hun 
dred  and  forty-two  souls)  as  remain  at  their  present  place  of  resi- 
lence,  at  Stockbridge,  on  the  east  side  of  Wiunebago  Lake,  as  fob 
lows :  Six  thousand  dollars  of  said  sum  to  be  invested  by  the 
I  States  in  public  stocks,  at  an  interest  of  not  less  than  five 
"cent,  per  annum,  as  a  permanent  school-fund,  the  interest  of 


939 

41835  wliich  shall  be  paid  annually  to  the  sachem  and  counsellors  of 

41836  their  tribes,  or  such  other  person  as  they  may  appoint  to  receive 

41837  the  same,  whose  receipt  shall  be  a  sufficient  voucher  therefor  ; 

41838  and  the  ballance  thereof,  amounting  to  four  thousand  three 

41839  hundred  and  ninety-two  dollars  and  ninety-five  cents,  shall  be 

41840  paid  to  the  said  sachem  and  counsellors,  or  to  such  person  as 

41841  they  may  appoint  to  receive  the  same,  whose  receipt  shall  be  a 

41842  sufficient  voucher  therefor. 

41843  ARTICLE  5.  The  monies  herein  secured  to  be  paid  by  the 
418.44  United  States  to  the  Stockbridge  and  Munsee  tribes,  amounting 

41845  in  all  to  twent3T-three  thousand  and  forty  dollars,  are  to  be  paid 

41846  in  manner  aforesaid  in  one  year  from  the  date  hereof,  or  sooner 

41847  if  practicable. 

41848  ARTICLE  G.  It  is  agreed  that  an  exploring  party  not  exceed- 
41840  ing  three  in  number  may  visit  the  country  west,  if  the  Indians 

41850  shall  consider  it  necessary,  and  that  whenever  those  who  are 

41851  desirous  of  emigrating  shall  signify  their  wish  to  that  effect 

41852  the  United  States  will  defray  the  expenses  of  their  removal  west 

41853  of  the  Mississippi,  and  furnish  them  with  subsistence  for  one 

41854  year  after  their  arrival  at  their  new  homes.    The  expenses  of 

41855  the  exploring  party  to  be  borne  by  the  emigrants. 

41856  ARTICLE  7.  Whereas  there  are  certain  unliquidated  claims 

41857  and  accounts  existing  between  the  emigrating  party  and  those 

41858  who  remain  where  they  now  are,  which  it  is  now  impossible  to 

41859  liquidate  and  adjust,  it  is  hereby  agreed  that  the  same  shall  be 

41860  submitted  to  the  agent  of  the  United  States,  who  shall  be  ap- 

41861  pointed  to,  make  the  payments  under  this  treaty,  and  that  his 

41862  decision  shall  be  final  thereon, 


940 


41863    Roll  and  schedule  referred  to  in  articles  two  and  three  of  the  treaty 
41SG4  hereunto  annexed. 


41SG5 


418GG 
418G7 
418G8 
418G9 
U870 
41871 
41872 
41873 
41874 
11875 
41876 
11S77 
41878 
41879 
41880 
41881 
41882 
41883 
41884 
41885 
41886 
41887 
41888 
41889 
41890 
41891 
41892 

41893 
41894 

41895 


Names  of  heads  of  families 
of  emigrating  party. 

— 
~± 

53 
% 

!!, 

.  •—  i  >-i 

«4-i   '-J 

o  3 
g£ 
%ji 

§8 

«M     0> 

°3 

c 
|25 

Value  of  lands  in  dol 
lars  and  cents. 

Appraised  value  of 
improvements. 

Total  value  of  lauds 
and  improvements 
and  amount  to  be 
paid  to  head  of  each 
family. 

Thomas  T.  Heudrick.  .  . 
Robert  Konkapot  . 

G 
4 
6 
G 

^ 

t 

3 
1 

9 

5 

3 
3 
1 
1 

_L 

5 
1 
3 
1 
1 
1 
1 
G 
G 
1 
3 

9 

80 

713 
490J 
G42 
G42 
G8G 
321 
107 
214 
597 
321 
32t 
107 
131  i 
107 
535 
107 
321 
107 
107 
44J 
107 
G42 
G42 
107 
246} 
214 

187-J 

$713  00 
490  50 
G42  00 
G42  00 
G8G  00 
321  00 
107  00 
214  00 
597  50 
321  00 
321  00 
107  00 
131  50 
107  00 
535  00 
107  00 
321  00 
107  00 
107  00 
44  50 
107  00 
G42  00 
G42  00 
107  00 
24G  25 
214  00 

187  50 

$480  50 
939  00 
135  00 
G7  50 

$1,  193  50 
1,  429  50 
777  00 
709  50 
G86  00 
377  25 
491  00 
214  00 
7GG  25 
559  25 
321  00 
412  00 
131  50 
107  00 
535  00 
107  00 
321  00 
107  00 
497  00 
44  50 
107  00 
G42  00 
G82  00 
107  00 
390  55 
214  00 

718  25 

Timothy  Tousse  

Klixha  Xonkapot  

Coriielius  Charles   . 

Jonas  Konkapot  

5G  25 
384  00 

Levi  Konkapot 

David  Abrauis  

Dolly  Dockstader 

1G8  75 
238  25 

Eli  Ilendrick 

Simeon  Kookapot  

Lydia  Heudrick  

305  00 

Thomas  S.  Branch  

John  Baldwin  . 

John  W.  Xe  \vcom. 

Jonas  Littleman  

Henry  Skickett  

Betsy  Beuuet  

Peter  Sherman  

390  00 

David  Calvin  

Eli  Williams  

Catherine  Littleman  .... 
James  Rain  

40  00 

Big  Deer  

Ziba  T.Peters  

144  30 

Cornelius  Chemaucnm 
And  other  heirs  of  Phebe 
Ducham  . 

530  75 

8,  767J8,  7G7  75 

3,  879  30 

12,G47  05 

Proclaimed  May  1G,  1840, 


941 


41800 
41897 

4189S 
41899 
41900 
41901 
41902 
41903 
41904 
11905 
41906 
41907 
41908 
41909 
41910 
41911 
41912 
41913 
41914 
41915 
4191G 
41917 
41918 
41919 
41920 
41921 
41922 
41923 
41924 
41925 
41920 
41927 
41928 
41929 
41930 
41931 
41932 
41933 
41934 
41935 
41930 
41937 
41038 
41939 
41910 


TREATY    WITH    THE 


STOCKBRIDGE   TRIBE    OF    IN- 
DIANS. 


Whereas  by  an  act  of  Congress  entitled  "An  act  for  the 
relief  of  the  Stockbridge  tribe  of  Indians,  in  ,the  Territory  of 
Wisconsin,"  approved  on  the  third  day  of  March,  A.  D.  1843, 
it  was  provided  that  the  township  of  land  on  the  east  side  of 
Winnebago  Lake,  secured  to  said  tribe  by  the  treaty  with  the 
Menomonee  Indians  of  February  8th,  1831,  as  amended  by  the 
Senate  of  the  United  States,  and  not  heretofore  ceded  by  said 
tribe  to  the  United  States,  should  be  divided  and  allotted  amoiuj 

7  O 

the  individual  members  of  said  tribe,  by  commissioners  to  be 
elected  for  that  purpose,  who  were  to  make  report  of  such  divis 
ion  and  allotment,  and  thereupon  the  persons  composing  said 
tribe  were  to  become  citizens  of  the  United  States. 

And  whereas  a  portion  of  said  tribe  refused  to  recognize  the 
validity  of  said  act  of  Congress,  or  the  proceedings  which  were 
had  under  it,  or  to  be  governed  by  its  provisions,  and  upon  their 
petition  a  subsequent  act  was  passed  by  the  Congress  of  the 
United  States,  on  the  Gtli  day  of  August,  1840,  repealing  the 
said  act  of  March  3d,  1843,  and  providing,  among  other  things, 
that  such  of  said  tribe  as  should  enrol  themselves  with  the  sub- 
agent  of  Indian  affairs  at  Green  Bay,  should  be  and  remain  citi 
zens  of  the  United  States,  and  the  residue  of  said  tribe  were 
restored  to  their  ancient  form  of  government  as  an  Indian  tribe, 
It  was  also  provided  that  the  said  township  of  land  should  be 
divided  into  two  districts,  one  of  which  was  to  be  known  as  the 
"Indian  district,"  the  other  as  the  " citizen  district;"  the  former 
to  be  held  in  common  by  the  party  who  did  not  desire  citizen 
ship,  and  the  latter  to  bo  divided  and  allotted  among  such  as 
were  citizens  and  desired  to  remain  so, 

And  whereas  it  has  been  found  impracticable  to  carry  into 
full  effect  the  provisions  of  the  act  of  August  Gth,  1840,  by 
dividing  the  said  township  of  land  in  the  manner  specified  in 
said  act,  without  infringing  upon  private  rights  acquired  in  good 
faith  under  the  act  of  1843  hereinbefore  referred  to,  with  a  view 
of  relieving  both  the  Indian  and  citizen  parties  of  said  Stock- 
bridge  tribe  of  Indians  from  their  present  embarrassments,  and 
to  secure  to  each  their  just  rights,  articles  of  agreement  and 
compromise  have  been  entered  into^  as  follows : 
Articles  of  agreement  and  treaty  made  and  concluded  at  Stock- 
bridge,  in  the  State  of  Wisconsin,  on  the  24th  day  of  No 
vember,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  forty-eight,  by  and  between  the  undersigned,  acting 
commissioners  on  the  part  of  the  United  States  of  America, 
and  the  Stockbridge  tribe  of  Indians. 


942 

41941  ARTICLE  1.  TUe  said  Stockbridge  tribe  of  Indians  renounce 

4194"  all  participation  in  any  of  the  benefits  or  privileges  granted  or 

41943  conferred  by  the  act  of  Congress  entitled  «  An  act  for  the  relief 

41944  of  the  Stockbridge  tribe  of  Indians,  in  the  Territory  of  Wis- 
41943  cousin,"  approved  March  3,  1843,   and  relinquish  all  rights 

41946  secured  by  said  act;  and  they  do  hereby  acknowledge   and 

41947  declare  themselves  to  be  under  the  protection  and  guardianship 

41948  of  the  United  States,  as  other  Indian  tribes. 

41949  ARTICLE  2.  That  no  misunderstanding  may  exist,  now  or 

41950  hereafter,  in  determining  who  compose  said  tribe  and  are  parties 

41951  hereto,  it  is  agreed  that  a  roll  or  census  shall  be  taken  and  ap- 
419513  pended  to  this  agreement,  and  in  like  manner  taken  annually  here- 
41953  after,  and  returned  to  the  Secretary  of  the  War  Department  of 
1 1  :»54  the  United  States,  containing  the  names  of  all  such  as  are  parties 
11953  hereto,  and  to  be  known  and  recognized  as  the  Stockbridge 

41956  tribe  of  Indians,  who  shall  each  be  entitled  to  their  due  proper- 

41957  tion  of  the  benefits  to  be  derived  from  the  provisions  made  for 

41958  their  tribe  by  this  and  former  agreements;  and  whenever  any 

41959  of  them  shall  separate  themselves  from  said  tribe,  or  abandon 

41960  the  country  which  may  be  selected  for  their  future  home,  the 

41961  share  or  portion  of  such  shall  cease,  and  they  shall  forfeit  all 
41062  claims  to  be  recognized  as  members  of  said  tribe. 

41963  ARTICLE  3.  The  said  Stockbridge  tribe  of  Indians  hereby  sell 

41964  and  relinquish  to  the  United  States  the  township  of  land  on  the 

1 1965  east  side  of  Lake  Winnebago,  (granted  and  secured  to  said  tribe 

1 1 966  by  the  treaty  with  the  Mcnomonee  tribe  of  Indians  of  February  8, 

41967  1831,  (see  page  468,)  as  amended  by  the  resolution  of  the  Sen* 

41968  ate  of  the  United  States,)  and  situated  in  the  State  of  Wisconsin. 
41069  ARTICLE  4.  The  said  township  of  laud  shall  be  surveyed  into 

41970  lots,  in  conformity  with  the  plan  adopted  by  the  commissioners 

41971  elected  under  the  act  of  March  3, 1843,  and  such  of  said  lauds 

41972  as  were  allotted  by  said  commissioners  to  members  of  said  tribe 

41973  who  have  become  citizens  of  the  United  States  (a  schedule  of 

41974  which  is  hereunto  annexed)  are  hereby  confirmed  to  such  jndb 

41975  viduals  respectively,  and  patents  therefor  shall  be  issued  by 
^1976  the  United  States.    The  residue  of  said  lands  belonging  to  the 
U077  United  States  shall  be  brought  into  market  but  shall  not  be  sold 

L078  at  less  than  the  appraised  value,  unless  the  Senate  of  the  United 

U079  States  shall  otherwise  determine. 

ARTICLE  5.  In  consideration  of  the  cession  and  reliuquish- 

)81  ment  hereinbefore  made  by  the  said  Stockbridge  tribe  of  In 
dians,  it  is  agreed  that  the  United  States  shall  pay  to  said  tribe, 
within  six  months  after  the  ratification  of  this  agreement,  the 
sum  of  sixteen  thousand  five  hundred  dollars  to  enable  them 
to  settle  their  affairs,  obtain  necessaries,  and  make  provision  for 

>86  establishing  themselves  in  a  new  home. 


943 


4 1987 
41988 
41989 
41990 
41991 
41992 
41993 
41994 
41995 
41996 
41997 
41998 
41999 
42000 
42001 
42002 
42003 
42004 
42005 
4200G 
42007 
42008 
42009 
42010 
42011 
42012 
42013 
42014 
42015 
42016 
42017 
42018 
42019 
42020 
42021 
42022 
42023 
42024 

42025 

42026 
42027 
42028 
42029 
42030 
42031 


ARTICLE  6.  The  United  States  shall  also  pay  to  said  tribe, 
within  six  months  after  the  ratification  of  this  agreement,  the 
sum  of  fourteen  thousand  five  hundred  and  four  dollars  and 
eighty-five  cents,  being  the  appraised  value  of  their  improve 
ments  upon  the  lands  herein  ceded  and  relinquished  to  the 
United  States,  and  to  be  paid  to  the  individuals  claiming  said 
improvements  according  to  the  schedule  and  assessment  here 
with  transmitted. 

ARTICLE  7.  It  is  further  stipulated  and  agreed  that  the  said 
Stockbridge  tribe  may  remain  upon  the  lands  they  now  occupy 
for  one  year  after  the  ratification  of  this  agreement,  and  that 
they  will  remove  to  the  country  set  apart  for  them,  or  such  other 
west  of  the  Mississippi  lliver  as  they  may  be  able  to  secure, 
where  all  their  treaty  stipulations  with  the  Government  shall  be 
carried  into  effect. 

ARTICLE  8.  Whenever  the  said  Stockbridge  tribe  shall  sig 
nify  their  wish  to  emigrate,  the  United  States  will  defray  the 
expenses  of  their  removal  west  of  the  Mississippi  and  furnish 
them  with  subsistence  for  one  year  after  their  arrival  at  their 
new  home. 

ARTICLE  9.  It  is  further  stipulated  and  agreed,  that,  for  the 
purpose  of  making  provision  for  the  rising  generation  of  said 
tribe,  the  sum  of  sixteen  thousand  five  hundred  dollars  shall  be 
invested  by  the  United  States  in  stock,  bearing  an  interest  of 
not  less  than  five  per  cent,  per  annum,  the  interest  of  which  shall 
be  paid  annually  to  said  tribe,  as  other  annuities  are  paid  by  the 
United  States. 

ARTICLE  10.  It  is  agreed  that  nothing  herein  shall  prevent 
a  survey  of  said  lauds,  at  any  time  after  the  ratification  of  this 
agreement,  and  that  said  tribe  shall  commit  no  waste  or  do  nn» 
necessary  damage  upon  the  premises  occupied  by  them. 

ARTICLE  11.  The  United  States  will  pay  the  expenses  in 
curred  by  the  sachem  and  head-men,  amounting  to  three  thou 
sand  dollars,  in  attending  to  the  business  of  said  tribe  since  the 
year  1843. 

ARTICLE  12.  'This  agreement  to  be  binding  and  obligatory 
upon  the  contracting  parties  from  and  after  its  ratification  by 
the  Government  of  the  United  States. 

SUPPLEMENTAL  ARTICLE. 

Whereas  the  Stockbridge  and  Munsee  Indians  consider  that 
they  have  a  claim  against  the  United  States  for  indemnity  for 
certain  lands  on  White  Elver  in  the  State  of  Indiana,  and  for  cer 
tain  other  lands  in  the  State  of  Wisconsin,  which  they  allege  they 
have  been  deprived  of  by  treaties  entered  into  with  the  Mianiies 
and  Delawares,  or  to  the  lands  claimed  by  them  in  Indiana,  and 


944 

42032  with  the  Menomonees  and  Winnebagoes,  or  to  the  lands  in  Wis- 

42033  cousin,  without  their  consent ;  and  whereas  the  said  Stockbridge 

42034  and  Munsec  Indians,  by  their  chiefs  and  agents,  have  continue  1 

42035  to  prosecute  their  said  claims  during-  the  last  twenty  years  at 
42030  their  own  expense,  except  the  sum  of  three  thousand  dollars  paid 

42037  them  in  1821 ;  and  whereas  it  is  desirable  that  all  ground  of  dis- 

42038  content  on  the  part  of  said  Indians  shall  be  removed,  the  United 
12030    States  do  further  stipulate,  in  consideration  of  the  relinquish- 

42040  inent  by  them  of  said  claims,  and  all  others,  except  as  provided 

42041  in  this  treat}',  to  pay  the  sachems  or  chiefs  of  said  Indians,  on 

42042  the  ratification  of  this  article  by  them,  with  the  assent  of  their 

42043  people,  the  sum  of  five  thousand  dollars,  and  the  further  sum  of 

42044  twenty  thousand  dollars,  to  be  paid  in  ten  annual  instalments, 

42045  to  commence  when  the  said  Indians  shall  have  selected  and  re- 
4204G  moved  to  their  new  homes,  as  contemplated  by  the  seventh  arti- 

42047  cle  of  this  treaty. 

42048  The  President  of  the  United  States,  within  two  years  from 

42049  the  ratification  of  this  treaty,  shall  procure  for  the  use  of  said 

42050  Stockbridge  Indians  a  quantity  of  land  west  of  the  Mississippi 

42051  Eiver,  upon  which  they  shall  reside,  not  less  than  seventy-two 

42052  sections,  said  Indians  to  be  consulted  as  to  the  location  of  said 

42053  land,  and  to  be  holden  by  the  same  tenure  as  other  Indian  lands* 


or  census  of  the  StoMridge  tribe  of  Indians,  taken  in  con- 
42055  fonnity  with  the  provisions  of  the  second  article  of  the  icithin 
4205G  Hfjrcemcnt. 

42057                                                                  H.a,l,,,f  families  Mule.     Female;  T)o.V.s.     Girls.  Total. 

42058  Austin  E.  Quinney. 1134 

42059  John  Metoxen  .  i       i 

"'•""-•--••"»•••--•  JL                  *     *                    4     «                        — * 

!OGO  Benjamin  Pye,  sen 1       i     . .       i       3 

420G1  Garret  Thompson 1       i       2              4 

420G2  Elisha  Konkapot 1      1      1     " .       3 

420G3  John  W.  Quinney 1                              1 

420G4  John  P.  Quinney "..../.."."I!"!.  1       1       1              3 

420G5  Peter  D.  Littleman  1      i      i     "2      5 

420GG  Jonas  Thompson 1       i       i       i       4 

42067  James  Joshua 1                             1 

420G8  Joseph  M.Quinney.......\.""."^.".'  i     '{     V>     '[       5 

420G9  Simon  L.  Metoxen 1       i      2      5      9 

U070  Benjamin  Pye,  2d. 11136 

2071  Thomas  Schenandoah 1      i 

42072  Aaron  Turkey....  !       i     "o     "o 

-'073  AbramPye 11417 

-'on  Benjammpye,4th. ../.";;;;;;;;;;;;  i  i      i  3 

Benjamin  Doxtater 11114 


945 


42076 

Heads  of  families. 

Males. 

Females. 

Boys. 

Girls. 

Total. 

42077 

Moses  Charles  

1 

1 

1 

1 

4 

42078 

Benjamin  Pye,  3d  

1 

1 

1 

1 

4 

42079 

Eli  Williams  

1 

.. 

1 

42080 

David  Palmer  

1 

1 

1 

3 

42081 

Jacob  Konkapot  

1 

1 

1 

3 

42082 

Daniel  Metoxen  

1 

1 

. 

2 

42083 

Elizabeth  Palmer,  (widow)  

1 

1 

1 

3 

42084 

Elizabeth  Aaron  

1 

1 

2 

4 

42085 

Catharine  Butterfield  

1 

.. 

1 

2 

42086 

Samuel  Miller  

1 

1 

4 

2 

8 

42087 

Louisa  Jamison  

1 

. 

. 

1 

42088 

Jacob  Jahoicum  

1 

.  . 

. 

. 

1 

42089 

Anna  Turkey  

1 

. 

. 

1 

42090 

Jeremiah  Slingerland  

1 

3 

.  . 

4 

42091 

John  Yocum  

1 

1 

2 

4 

42092 

Elizabeth  Wilber  

1 

1 

3 

5 

42093 

John  W.  Quinuey,  jr.,  and  sister  

1 

1 

.  . 

.  . 

2 

42094 

Clarissa  Miller  and  son  

1 

1 

. 

„  . 

2 

42095 

Elizabeth  Pye  

1 

. 

1 

2 

42096 

Phoebe  S.  Kicket  

1 

. 

.. 

1 

42097 

Josiah  Abrams,  wife,  and  sister  

......         1 

2 

.  . 

.  . 

3 

42098 

Jeremiah  Benuet  

1 

2 

2 

5 

42099 

Paul  Pye  

1 

1 

1 

.  . 

3 

42100 

Peter  Bennet  

1 

.  . 

1 

42101 

Ziba  T.Peters  

1 

1 

2 

4 

42102 

Ezekiel  Eobinson  and  brother  

2 

.  . 

2 

42103 

Lawrence  Yocum  

1 

.  . 

.  „ 

.1 

42104 

Moses  Doxtater  

1 

. 

.  . 

1 

2 

42105 

Lucinda  Quinney  

1 

2 

1 

4 

42106 

Jemima  Doxtater  

1 

1 

42107 

Amelia  Quiuuey  ,  

1 

i 

2 

42108 

Peter  Bennet,  sen  

1 

1 

i 

3 

6 

42109 

John  Bennet  

1 

1 

i 

1 

4 

42110 

Levi  Konkapot  

1 

1 

42111 

Samuel  Stevens  

1 

1 

42112 

John  Killsnake  

1 

1 

42113 

Lewis  Heudricks  

1 

.  . 

1 

42114 

Diana  Davids  

1 

1 

42115 



42116 

177 

*  11.9  I  T 


946 

4211 7  Schedule  of  land*  to  be  patented,  to  individuals  under  the  ±th  article 
4o118  of  the  above  agreement. 

42119  SM1M.  *"°"-  No-ofncreB- 

42120  Josiah  Chicks . . 

42121  Nancy  Chicks 

42122  John  N.  Chicks 4 

42123  Jacob  Davids -  - 5 

42124  Harvey  Johnson . .  - 

42125  Hannah  P.  Chicks 10 

4212G  Diudemia,  Big  Deer J  E.  end  14 22.66 

42127  Paella  Jourdain .16 

42128  Jacobs  Chicks 17 

42120  John  N.  Chicks 18 

42130  Josiah  Chicks  -  -  20 

42131  Jacob  Chicks 21 

42132  Jos.  L.  Chicks 22 

42133  Jacob  Chicks 23 

42134  John  N.  Chicks 24 

42135  Moses  E.  Merrill 25,  26,  27 

42136  John  N.  Chicks ...  28,  29 

42137  Jane  Dean 30 

42138  Marietta  Abrams 31 

42139  Catharine  Mills KJ  32 30.62 

42140  Joseph  L.  Chicks 33 

42141  John  Dick 37 

42142  John  More 38 

42143  Isaac  Jacobs 40 

42144  Benjamin  Welch 41 

42145  Lucy  Jacobs 44 

42146  Daniel  Davids 47 

24147  Daniel  Davids K  j-  48 

42148  John  W.  Abrams S.  \  48 

42149  Louisa  Davids 50 

42150  Harry  E.  Eastman 51 

42151  Eunice  Abrauas ....  52 

42152  Daniel  Davids 53 

42153  John  N.  Chicks 54 

1154  Hoel  S.  Wright S.  part  of  55 5 

!155  Oscar  Wright ff.  part  of  55 57J 

-15(1  John  Littleman, g.  j  55 

2157  Daniel  Davids ]sf.  j  5G 

42158  Darius  Davids "57 

42159  Margaret  Davids 58 

12160  Daniel  Davids .60 

RraatQS  Welch>  (a  *triP  R-  of  road).   65  f,  chains  25  Iks.  wide  oft 

S.  side  of  lot. 


947 


42163 
42164 
42165 
42166 
42167 
42168 
42169 
42170 
42171 
42172 
42173 
42174 
42175 
42176 
42177 
42178 
42179 
42180 
42181 
42182 
42183 
42184 
42185 
42186 
42187 
42188 
42189 
42190 
42191 
42192 
42193 
42194 
42195 
42196 
42197 
42198 
42199 
42200 
42201 
42202 
42203 
42204 
42205 
42206 
42207 
42208 
42209 


Richard  Fidler E.  of  road  65  Balance  of  the  lot. 

Henry  Modlin part  65  W.  of  road,  54f 

Henry  Jacobs 63 

Lucy  Jacobs , .  frac'l  part  of  66  W.  of  road,  50.50 

John  W.  Abrams E.  J  68 

John  Dick 70 

Eunice  Abrams  . .    N.  J  76 

Mary  Hendrick E.  £  78 

Isaac  Jacobs  and  George  Bennet..  79 

John  N.  Chicks 81 

John  N.  Chicks  and  )  ~9 

Jacob  Davids.       ) 
Nancy  Hunt W.  J  83 

James  Meuagre  and  )  ^ 

> part  ot  84  E.  end .    15A 

Betsy  Menagre 

Betsy  Wyatt W.  J  85  &  86 62£ 

William  Gardner 87 

Timothy  Jourdaiu 90 

Timothy  Jourdain     S.  J  91 31.25 

Charles  Stevens 92  &  94 

Nancy  Homin 98 

Joseph  L.  Chicks 102 

John  N.  Chicks 103 

John  Moore 105 

Josiah  Chicks 106 

John  K  Chicks 110 

Timothy  Jourdaiu Ill,  112 

John  Littleman 113 

Nathan  Goodell IIS 

Charles  Stevens S.  part  119 50 

Catharine  Littleman E.  part  128 54.  60 

John  Moore 129 

John  W.  Abrams 130 

Jacob  Davids 131 

Adam  Sheriff . .  W.  J  132 31.  25 

Jacob  Davids -. 133 

Joseph  L.  Chicks 134 

Catharine  Mills W.  £  136 

Joseph  Doxtater 144  &  145 

Isaac  Jacobs 151 

Alexander  Abrams 154 

Jacob  Davids .  . .   -  - 155 

Darius  Davids 156 

John  Littlemau 157 

Isaac  Jacobs 158 

Hannah  W.  Chicks..  159 


948 


4221  1  Catharine  Mills  .................   1 

42212  Nathan  Goodell  ................    17° 

42213  John  N.  Chicks  .  .......   ^ 

42214  James  3.  Lane  ......  .  ...........   174 

42215  Jacob  Davids  ......... 

42210  Job  Moore  ____  .  ...... 

42217  Thomas  J.  Chicks  ...........    - 

42218  Harvey  Johnson  ................   180 

42219  Nancy  Gardner  .....      ..........   181 

42220  Abagail  Jourdaiu  ...............   182 

42221  Abrain  Chicks  ..................   184 

42222  Bartholomew  Bowman  ....... 

42223  Harriet  Jourdain  ................  1  87 

42224  Andrew  Chicks  .................   188 

42225  Sarah  Davids  ........         .......   189 

42226  Job  Moore  ......................   191 

42227  William  Gardner  .......  S.  part  of  192,  and  221  .........  50 

42228  Mordy  Mann  ...........  N.  part  of  192,  and  221  .........  70 

42229  Mary  N.  Chicks  .................  194 

42230  William  Gardner  ..............  220 

42231  Triphane  E.  Jourdain  ............  222 

42232  Caleb  Moors  ...................  223 

42233  Isaac  Simons  ..................   224 

42234  Isabel  Chicks  ...................   225 

42235  Sophia  M.  Jourdain  .............  226 

42236  Jesse  Bowman  .......    ........  .   227 

42237  Catharine  Franks  .....  ...........  228 

42238  Jonathan  Chicks  ................  229 

42239  Jonas  Davids  ...................  231 

42240  Adam  Davids  .................   232 

42241  Linke  Jourdaiu  ........  .  ......    .  233 

42242  Elizabeth  Moore  ................  234 

42243  Joseph  Doxtater  ................  235 

42244  George  Bennet  ................   237 

42245  Isaac  Simmons  ..................  240 

42246  Abigail  Moore  ..................   263 

42247  Henry  Moore  ...................  264 

42248  William  Scott  ..................  265 

42249  William  Scott  ...............  S.  J  266 

42250  George  Bennet  .......  ......  E.  J  266 

42251  Reuben  Johnson  ................  267 

42252  Silas  Jourdain  ..................   268 

42253  Jesse  M.  Jourdain  ...............  271 

42254  Simon  Gardner  ................  274 

42255  Hannah  Moore  ...............  276 

42256  Solomon  Davids  ...  .  277 


949 


42257 

42258 
42259 
42260 
42261 
42262 
42263 
42264 
42265 
42266 
42267 
42268 
42269 
42270 
42271 
42272 
42273 
42274 
42275 
42276 
42277 
42278 
42279 
42280 
42281 
42282 
42283 
42284 
42285 
42286 
42287 
42288 
42289 
42290 
42291 
42292 
42293 
42294 
42295 
42296 
42297 
42298 
42299 
42300 
42301 
42302 
42303 
42304 


Edward  Ho  well 279 

Harriet  Johnson 280 

Lucinda  Gardner 282 

Hope  Moore 284 

Jemison  C.  Chicks 308 

Obadiah  Gardner 309 

Bachael  Davids .'. .  313 

Julius  Davids 314 

Elizabeth  Bowman 315 

Jeremiah  Gardner , . , .  316 

Mar y  Jane  Bowman 317 

Nancy  Johnson 319 

Jason  Simmons 320 

Betsy  Menagre 321 

Darius  Davids 323 

Humble  M.  Jourdain 325 

Stephen  Gardner 326 

Francis  T.  Davids 327 

Mary  McCallister 328 

Mary  Hendrick 335 

Susannah  Hendrick 349 

Jacob  Moore 355 

David  Gardner , 357 

George  Gardner 359 

Catharine  Bowmaii 360 

Serepta  Johnson 361 

Thankful  Stephens 362 

William  Gardner . .  364 

Joseph  Chicks 365 

John  Chicks 366 

Charles  Stephens 367, 368 

Timothy  Jourdain 369,  370, 371 

Jacob  Chicks 372,  373 

Paul  D.  Hayward 375 

State  of  Winconsiu 383  School  purposes. 

Timothy  Jourdaiu 384 

Jeremiah  Johnson 385,  389 

American  Board   of  ^ 

Commissioners  for  > 386, 390 

Foreign  Missions.  3 

Jacob  Chick 387,  391 

Timothy  Jourdaiu 388 

John  N.  Chicks 392, 396 

William  Gardner 393,  394,  397,  398 

Lemuel  Goodell N.  end  395  2  acres. 

M.  L.  MARTIN. 

ALBERT  G.  ELLIS. 


950 
4*305  Valuation  of  improvements,  (vide  Art.  6.) 

42300  Dollars' 

42307  Austin  E.  Quinney 163-  38  2>  76°  63 

4o3os                                     49- 50  71 8  25 

42309  Joseph  M.  Quinney 30. 90  617  15 

42310  Samuel  Stevens 38.76  70326 

42311  Moses  Cbicks 43.  00  980  50 

42312  Elizabeth  Palmer 512  41 

42313  Samuel  Miller 55.  62  880  87 

42314  Elisha  Konkapot 5. 00  142  50 

42315  Peter  D.  Littleman -  -  -  3.  25  >  168  88 

42316  John  P.  Quinney •-•  15.50  26750 

42317  Heirs  of  J.  Yocurn 5. 78  78  03 

42318  Aaron  Turkey 6.  00  311  00 

4i'.',19  Benjamin  Pye,  2d 40.00  64000 

42320  John  Metoxen 50. 00  825  00 

42321  Mrs.  B.  Wright 5. 00  67  50 

42322  Abraham  Pye 30. 00  495  00 

42323  Benjamin  Pye,  4th 40  00 

42324  Benjamin  Pye,  sr 40  00 

42325  Benjamin  Pye,  3d 20. 00  350  00 

42326  Garrett  Thompson 30. 00  485  00 

42327  Ziba  T.  Peters 10.  00  215  00 

42328  Betsey  T.  Aaron 3.  00  85  00 

42329  Thomas  Skenandoah 17. 00  349  50 

42330  Simon  S.  Metoxen 30. 00  535  00 

42331  Elizabeth  Wilber 41.  62  711  87 

42332  Ezekiel  Robinson 4.  00  60  00 

42333  J.  W.  Quinney «       60.00  1,31500 

42334  School-house , 150  00 

42335  

•42336  $15,  504  85 

42337  Ratified  March  1,  1849. 

42338  FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 

42339  to  all  and  singular  to  whom  these  presents  shall  come,  greet- 

42340  ing: 

Whereas  a  treaty  was  made  and  concluded  at  Stockbridge, 
in  the  State  of  Wisconsin,  on  the  fifth  day  of  February,  eighteen 
•43    hundred  and  fifty-six,  between  Francis  Huebschinann,  commis 
sioner  on  the  part  of  the  United  States,  and  the  Stockbridge  and 
Munsee  tribes  of  Indians,  assembled  in  general  council,  and  such 
the  Munsees  as  were  included  in  the  treaty  of  September  third, 
hteen  hundred  and  thirty-nine,  but  are  yet  residing  in  the 
State  of  New  York,  by  their  duly  authorized  delegates,  William 


42349 

42350 

42351 

42352 

42353 

42354 

42355 

42356 

42357 

42358 

42359 

42360 

42361 

42362 

42363 

42364 

42365 

42366 

42367 

42368 

42369 

42370 

42371 

42372 

42373 

42374 

42375 

42376 

42377 

42378 

42379 

42380 

42381 

42382 

42383 

42384 

42385 

42386 

42387 

42388 

42389 

42390 

42391 

42392 

42393 


Mohawk  and  Joshua  Willson,  which  treaty  is  in  the  words  and 
figures  following,  to  wit : 

Whereas  by  Senate  amendment  to  the  treaty  with  the  Me- 
nomonees  of  February  eighth,  one  thousand  eight  hundred  and 
thirty-one,  two  townships  of  land  on  the  east  side  of  Winnebago 
Lake,  Territory  of  Wisconsin,  were  set  aside  for  the  use  of  the 
Stockbridge  and  Mnnsee  tribes  of  Indians,  all  formerly  of  the 
State  of  New  York,  but  a  part  of  whom  had  already  removed  to 
Wisconsin  ;  and 

Whereas  said  Indians  took  possession  of  said  lands,  but  dis 
sensions  existing  among  them  led  to  the  treaty  of  September 
third,  one  thousand  eight  hundred  and  thirty-nine,  by  which  .the 
east  half  of  said  two  townships  was  retroceded  to  the  United 
States,  and  in  conformity  to  which  a  part  of  said  Stockbridges 
and  Munsees  emigrated  wesjt  of  the  Mississippi ;  and 

Whereas,  to  relieve  them  from  dissensions  still  existing,  by 
"An  act  for  the  relief  of  the  Stockbridge  tribe  of  Indians  in  the 
Territory  of  Wisconsin,"  approved  March  third,  one  thousand 
eight  hundred  and  forty-three,  it  was  provided  that  the  remain 
ing  townships  of  land  should  be  divided  into  lots  and  allotted 
between  the  individual  members  of  said  tribe;  and 

Whereas  a  part  of  said  tribe  refused  to  be  governed  by  the 
provisions  of  said  act,  and  a  subsequent  act  was  passed  on  the 
sixth  day  of  August,  one  thousand  eight  hundred  and  forty-six, 
repealing  the  aforementioned  act,  but  without  making  provision 
for  bona  fide  purchasers  of  lots  in  the  townships  subdivided  in 
conformity  to  the  said  first-named  act;  and 

Whereas  it  was  found  impracticable  to  carry  into  effect  the 
provisions  of  the  last-mentioned  act,  and,  to  remedy  all  difficul 
ties,  a  treaty  was  entered  into  on  the  twenty-fourth  of  Novem 
ber,  one  thousand  eight  hundred  and  forty-eight,  wherein, 
among  other  provisions,  the  tribe  obligated  itself  to  remove  to 
the  country  west  of  the  Mississippi  set  apart  for  them  by  the 
amendment  to  said  treaty;  and 

Whereas  dissensions  have  yet  been  constantly  existing 
amongst  them,  and  many  of  the  tribe  refused  to  remove  when 
they  were  offered  a  location  in  Miunnesota,  and  applied  for  a  re 
trocession  to  them  of  the  township  of  Stockbridge,  which  has 
been  refused  by  the  United  States  ;  and 

Whereas  a  majority  of  the  said  tribe  of  Stockbridges  and 
the  Munsees  are  averse  to  removing  to  Minnesota  and  prefer  a 
new  location  in  Wisconsin,  and  are  desirous  soon  to  remove  and 
to  resume  agricultural  pursuits,  and  gradually  to  prepare  for 
citizenship,  and  a  number  of  other  members  of  the  said  tribe 
desire  at  the  present  time  to  sever  their  tribal  relations  and  to 


952 

42394  receive  patents  for  the  lots  of  land  at  Stockbridge  now  occupied 

42395  bv  them  ;  and 

i-'  ;<ii;  Whereas  the  United  States  are  willing  to  exercise  the  same 

12397  liberal  policy  as  heretofore,  and  for  the  purpose  of  relieving 

r -1M8  these  Indians  from  the  complicated  difficulties  by  which  they 

42399  are  surrounded,  and  to  establish  comfortably  together  all  such 
4~>400  Stockbridges  and  Munsees,  wherever  they  may  be  now  located, 

42401  in  Wisconsin,  in  the  State  of  New  York,  or  west  of  the  Missis- 

42402  sippi,  as  were  included  in  the  treaty  of  September  third,  one 

42403  thousand  eight  hundred  and  thirty -nine,  and  desire  to  remain 

42404  for  the  present  under  the  paternal  care  of  the  United  States 
4240")  Government ;  and  for  the  purpose  of  enabling  such  individuals 

42400  of  said  tribes  as  are  now  qualified  and  desirous  to  manage  their 

42407  own  aftairs,  to  exercise  the  rights  and  to  perform  the  duties  of 

42408  the  citizen,  these  articles  of  agreement  have  been  entered  into: 

42409  Articles  of  agreement  and  convention  made  and  concluded  at 

42410  Stockbridge,  in  the  State  of  Wisconsin,  on  the  fifth  day  of 

42411  February,  in  the  year  of  our  Lord  one  thousand  eight  hun- 

42412  dred  and  fifty-six,  between  Francis  Huebschmaun,  commis- 

42413  sioner,fou  the  part  of  the  United  States,  and  the  Stock- 

42414  bridge  and  Munsee  tribes  of  Indians,  assembled  in  general 

42415  council,  and  such  of  the  Munsees  who  were  included  in  the 
42410  treaty  of  September  third,  one  thousand  eight  hundred  and 

42417  thirty-nine,  but  are  yet  residing  in  the  State  of  New  York, 

42418  by  their  duly  authorized  delegates,  William  Mohawk  and 

42419  Joshua  Willson. 

42420  ARTICLE  1.  The  Stockbridge  and  Munsee  tribes,  who  were 

42421  included  in  the  treaty  of  September  third,  one  thousand  eight 

42422  hundred  and  thirty-nine,  and  all  the  individual  members  of  said 

42423  tribes,  hereby  jointly  and  severally  cede  and  relinquish  to  the 

42424  United  States  all  their  remaining  right  and  title  in  the  lands  at 

42425  the  town  of  Stockbridge,  State  of  Wisconsin,  the  seventy -two 
42420  sections  of  land  in  Minnesota  set  aside  for  them  by  the  amend- 

42427  merit  to  the  treaty  of  November  twenty-fourth,  one  thousand 

42428  eight   hundred  and   forty-eight,   the  twenty  thousand   dollars 

42429  stipulated  to  be  paid  to  them  by-the  said  amendment,  the  six- 
L2430  teen  thousand  five  hundred   dollars   invested   by   the   United 

42431  States  in  stocks  for  the  benefit  of  the  Stockbridge  tribe  in  con- 

42432  formity  to  Article  9  of  the  said  treaty,  and  all  claims  set  up  by 
:33  and  for  the  Stockbridge  and  Munsee  tribes,  or  by  and  for  the 

12434  Munsees  separately,  or  by  and  for  any  individuals  of  the  Stock- 

35  bridge  tribe  who  claim  to  have  been  deprived  of  annuities  since 

:3G  the  year  one  thousand  eight  hundred  and  forty-three,  and  all 

such  and  other  claims  set  up  by  or  for  them  or  any  of  them  are- 

hereby  abrogated,  and  the  United  States  released  and  discharged 

42439  therefrom. 


953 

42440  ARTICLE  2.  In  consideration  of  such  cession  and  relinquish  - 

42441  ment  by  said  Stockbridges  and  Munsees,  the  United  States  agree 

42442  to  select  as  soon  as  practicable  and  to  give  them  a  tract  of  land 

42443  in  the  State  of  Wisconsin,  near  the  southern  boundary  of  the 

42444  Menomonee  reservation,  of  sufficient  extent  to  provide  for  each 

42445  head  of  a  family  and  others  lots  of  land  of  eighty  and  forty  acres, 

42446  as  hereinafter  provided  ;  every  such  lot  to  contain  at  least  oue- 

42447  half  of  arable  land,  and  to  pay  to  be  expended  for  improvements 

42448  for  the  said  Stockbridges  and  Munsees,  as  provided  in  article 

42449  4,  the  sum  of  forty-one  thousand  one  hundred  dollars,  and  a 

42450  further  sum  of  twenty  thousand  live  hundred  and  fifty  dollars  to 

42451  enable  them  to  remove.* 

42452  "  And  the  further  sum  of  eighteen  thousand  dollars,  (twelve 

42453  thousand  for  the  Stockbridges  and  six  thousand  for  the  Man* 

42454  sees,)  to  be  expended  at  such  time  and  in  such  manner  as  may 

42455  be  prescribed  by  the  Secretary  of  the  Interior,  in  the  purchase 

42456  of  stock  and  necessaries,  the  discharge  of  national  or  tribal  debts, 

42457  and  to  enable  them  to  settle  their  affairs." 

42458  ARTICLE  3.  As  soon  as  practicable  after  the  selection  of  the 

42459  lands  set  aside  for  these  Indians  by  the  preceding  article,  the 

42460  United  States  shall  cause  the  same  to  be  surveyed  into  sections, 

42461  half  and  quarter  sections,  to  correspond  with  the  public  surveys, 

42462  and  the  council  of  the  Stockbridges  and  Munsees  shall,  under  the 

42463  direction  of  the  superintendent  of  Indian  alffairs  for  the  northern 

42464  superinteudency,  make  a  fair  and  just  allotment  among  the  in- 

42465  dividuals  and  families  of  their  tribes.    Each  head  of  a  family 

42466  shall  be  entitled  to  eighty  acres  of  land,  and  in  case  his  or  her 

42467  family  consists  of  more  than  four  members,  if  thought  expedient 

42468  by  the  said  council,  eighty  acres  more  may  be  allotted  to  him  or 

42469  her;  each  single  male  person  above  eighteen  years  of  age  shall 

42470  be  entitled  to  eighty  acres ;    and  each  female  person  above 

42471  eighteen  years  of  age,  not  belonging  to  any  family,  and  each 

42472  orphan  child,  to  forty  acres  5  and  sufficient  land  shall  be  reserved 

42473  for  the  rising  generation. 

42474  After  the  said  allotment  is  made,  the  persons  entitled  to 

42475  land  may  take  immediate  possession  thereof,  and  the  United 

42476  States  will  thenceforth  and  until  the  issuing  of  the  patents,  as 

42477  hereinafter  provided,  hold  the  same  in  trust  for  such  persons, 

42478  and  certificates  shall  be  issued,  in  a  suitable  form,  guaranteeing 

42479  and  securing  to  the  holders  their  possession  and  an  ultimate 

42480  title  to  the  land  j  but  such  certificates  shall  not  be  assignable, 

42481  and  shall  contain  a  clause  expressly  prohibiting  the  sale  or  trans- 

42482  fer  by  the  holder  of  the  land  described  therein.    After  the  expi- 

42483  ration  of  ten  years,  upon  the  application  of  the  holder  of  such 

42484  certificate,  made  with  the  consent  of  the  said  Stockbridge  and 

42485  Munsee  council,  and  when  it  shall  appear  prudent  and  for  his 

*  120  IT 


954 

4248G    or  her  welfare,  the  President  of  the  United  States  may  direct 

42487  that  such  restriction  on  the  power  of  sale  shall  be  withdrawn  and 

42488  a  patent  issued  in  the  usual  form. 

42489  Should  any  of  the  heads  of  families  die  before  the  issuing  of 

42490  the  certificates  or  patents  herein  provided  for,  the  same  shall 

42491  issue  to  their  heirs ;  and  if  the  holder  of  any  such  certificate  shall 

42492  die  without  heirs,  his  or  her  land  shall  not  revert  to  the  United 

42493  States,  unless  on  petition  of  the  Stockbridge  and  Munsee  council 

42494  for  the  issuing  of  a  new  certificate  for  the  land  of  such  deceased 

42495  person  to  the  holder  of  any  other  certificate  for  land,  and  on  the 
4249G  surrendering  to  the  United  States  of  such  other  certificate  by 

42497  the  holder  thereof,  the  President  shall  direct  the  issuing  of  a 

42498  new  certificate  for  such  land  ;  and  in  like  manner  new  certificates 

42499  may  be  given  for  lots  of  laud,  the  prior  certificates  for  which 

42500  have  been  surrendered  by  the  holders  thereof. 

42501  ARTICLE  4.  Of  the  monies  set  aside  for  improvements  by 

42502  the  second  of  these  articles,  not  exceeding  one-fourth  shall  be 

42503  applied  to  the  building  of  roads  leading  to  and  through  said 

42504  lauds :  to  the  erection  of  a  school-house,  and  such  other  improve- 

42505  ments  of  a  public  character  as  will  be  deemed  necessary  by  the 
4250G  said  Stockbridge  and  Muusee  council,  and  approved  by  the 

42507  superintendent  of  the  northern  superintendency.    The  residue 

42508  of  the  said  fund  shall  be  expended  for  improvements  to  be  made 

42509  by  and  for  the  different  members  and  families  composing  the 

42510  said  tribes,  according  to  a  system  to  be  adopted  by  the  said 

42511  council,  under  the  direction  of  the  superintendent  aforesaid,  and 

42512  to  be  first  approved  by  the  Commissioner  of  Indian  Affairs. 

42513  ARTICLE  5.  The  persons  to  be  included  in  the  apportion- 
^2514    ment  of  the  land  and  money  to  be  divided  and  expended  under 

42515  the  provisions  of  this  agreement  shall  be  such  only  as  are  ac- 

4251G  tual  members  of  the  said  Stockbridge  and  Muusee  tribes,  (a  roll 

12517  or  census  of  whom  shall  be  taken  and  appended  to  this  agree- 

^2518  ment,)  their  heirs  and  legal  representatives;  and  hereafter  the 

^2519  adoption  of  any  individual  amongst  them  shall  be  null  and  void 

42520  except  it  be  first  approved  by  the  Commissioner  of  Indian 

42521  Affairs. 

ARTICLE  G.  In  case  the  United  States  desire  to  locate  on 
42523    the  tract  of  land  to  be  elected  as  herein  provided,  the  Stock- 
bridges  and  Munsees  emigrated  to  the  west  of  the  Mississippi, 
iii  conformity  to  the  treaty  of  September  third,  one  thousand 
ght  hundred  and  thirty-nine,  the  Stockbridges  and  Munsees 
parties  to  this  treaty,  agreed  to  receive  them  as  brethren  :  Pro 
ruled,  That  none  of  the  said  Stockbridges  and  Munsees,  whether 

I        •  )          )  ••»  ~ .    •     1  •  .  _. 

12530 

titled  to  any  of  these  lands  or  the  money  stipulated  to  be  ex- 


(       residing  at  Stockbridge,  in  the   State  of  Wisconsin,  in 
State  of  New  York,  or  west  of  the  Mississippi,  shall  be  en- 


955 

42532  ponded  by  these  articles,  unless  they  remove  to  the  new  location 

42533  within  two  years  from  the  ratification  hereof. 

42534  ARTICLE  7.  The  said  Stockbridges  and  Muusees  hereby  set 

42535  aside,  for  educational  purposes  exclusively,  their  portion  of  the 
4253G  annuities  under  the  treaties  of  November  the  eleventh,  one  thou- 

42537  sand  seven  hundred  and   ninety-four;  August  eleventh,  one 

42538  thousand  eight  hundred   and    twenty-seven;   and   September 

42539  third,  one  thousand  eight  hundred  and  thirty-nine. 

42540  ARTICLE  8.  One  hundred  and  fifty  dollars  valuation  of  the 

42541  school-house  at  Stockbridge,  made  in  conformity  to  article  G 

42542  of  the  treaty  of  November  twenty-fourth,  one  thousand  eight 

42543  hundred  and  forty-eight,  and  remaining  unpaid,  shall  be  expend- 

42544  ed  in  the  erection  of  a  school-house,  with  the  other  funds  set 

42545  aside  for  the  same  purpose  by  article  4  of  this  agreement. 

42546  ARTICLE  9.  About  seven  and  two-fifths  acres,  bounded  as 

42547  follows:  Beginning  at  the  northeast  corner  of  lot  eighty-nine, 

42548  in  the  centre  of  the  military  road ;  thence  west  along  the  north 

42549  line  of  said  lot  fifty-four  and  a  quarter  rods;  thence  south 

42550  thirty-eight  and  a  quarter  rods ;  thence  east  twenty-eight  and  a 

42551  quarter  rods ;   thence  north  thirty  four  and  a  quarter  rods ; 

42552  thence  east  twenty-six  rods ;  thence  north  four  rods,  to  the 

42553  place  of  beginning,  comprising  the  ground  heretofore  used  by 

42554  the  Stockbridges  to  bury  their  dead,  shall  be  patented  to  the 

42555  supervisors  of  the  town  of  Stockbridge,  to  be  held  by  them  and 

42556  their  successors  in  trust  for  the  inhabitants  of  said  town,  to  be 

42557  used  by  them  as  a  cemetery,  and  the  proceeds  from  cemetery 

42558  lots  and  burial-places  to  be  applied  in  fencing,   clearing,  and 

42559  embellishing  the  grounds. 

42560  ARTICLE  10.  It  is  agreed  that  all  roads  and  highways  laid 

42561  out  by  authority  of  law  shall  have  right  of  way  through  the 

42562  lands  set  aside  for  said  Indians  on  the  same  terms  as  are  pro- 

42563  vided  by  law  for  their  location  through  lands  of  citizens  of  the 

42564  United  States. 

42565  ARTICLE  11.  The  object  of  this  instrument  being  to  advance 

42566  the  welfare  and  improvement  of  said  Indians,  it  is  agreed,  if  it 

42567  prove  insufficient  from  causes  which  cannot  now  be  foreseen/ to 

42568  effect  these  ends,  that  the  President  of  the  United  States  may, 

42569  by  and  with  the  advice  and  consent  of  the^Senate,  adopt  such 

42570  policy  in  the  management  of  their  affairs~as  in  his  judgment 

42571  may  be  most  beneficial  to  them;  or  Congress  may,  hereafter, 

42572  make  such  provision  by  law  as  experience  shall^  prove  to  be 

42573  necessary. 

42574  ARTICLE  12.  The  said  Stockbridges  and  Munsees  agree  to 

42575  suppress  the  use  of  ardent  spirits  among  their  people,  and  to  re- 

42576  sist,  by  all  prudent  means,  its  introduction  in  their  settlements. 

42577  ARTICLE  13.  The  Secretary  of  the  Interior,  if  deemed  by 


956 

42578  Lim  expedient  and  proper,  may  examine  into  the  sales  made  by 

4^579  the  Stockbridge  Indians  to  whom  lots  of  land  were  allotted  in 

42580  conformity  to  the  acts  of  Congress,  entitled  "An  act  for  the  re- 

.l]:,si  lief  of  the  Stockbridge  tribe  of  Indians  in  the  Territory  of  Wis- 

i]:,>2  cousin,"  approved  March  third,  one  thousand  eight  hundred  and 

42583  forty-three ;  and  if  it  shall  be  found  that  any  of  the  said  sales 

42584  have  been  improperly  made,  or  that  a  proper  consideration  has 

42585  not  been  paid,  the  same  may  be  disapproved  or  set  aside.    By 
4258G  the  direction  of  the  said  Secretary,  patents  to  such  lots  of  land 
42587  shall  be  issued  to  such  persons  as  shall  be  found  to  be  entitled 
43588  to  the  same. 

42589  ARTICLE  14.  The  lots  of  land  the  equitable  title  to  which 

42590  shall  be  found  not  to  have  passed  by  valid  sales  from  the  Stock- 

42591  bridge  Indians  to  purchasers,  and  such  lots  as  have,  by  the 

42592  treaty  of  November  twenty-fourth,  one  thousand  eight  hundred 

42593  and  forty 'eight,  been  receded  to  the  United  States,  shall  be  sold 

42594  at  the  minimum  price  of  ten  dollars  per  acre  for  lots  fronting  on 

42595  Lake  Winnebago,  on  both  sides  of  the  military  road,  and  all  the 
4259G  lauds  in  the  three  tiers  of  lots  next  to  Lake  Winnebago,  and  at 

42597  five  dollars  per  acre  for  the  residue  of  the  lands  in  said  town 

42598  ship  of  Stockbridge.    Purchasers  of  lots  on  which   improve- 

42599  nieuts  were  made  by  Stockbridge  Indians  shall  pay,  in  addition 
42(100  to  the  said  minimum  price,  the  appraised  value  of  such  improve- 
42G01  meuts.    To  actual  settlers  on  any  of  said  lots  possessing  the 
•12U02  qualifications  requisite  to  acquire  pre  emption  rights,  or  being 
42G03  civilized  persons  of  Indian  descent,  not  members  of  any  tribe, 
42G04  who  shall  prove,  to  the  satisfaction  of  the  register  of  the  land 
42G05  district  to  which  the  township  of  Stockbridge  shall  be  attached, 
42GOG  that  he  or  she  has  made  improvements  to  the  value  of  not  less 
42G07  than  fifty  dollars  on  such  lot,  and  that  he  or  she  is  actually  re- 
42G08  siding  on  it,  the  time  of  paying  the  purchase-price  may  be 
42G09  extended  for  a  term  not  exceeding  three  years  from  the  ratifica- 
42G10  tion  hereof,  as  shall  be  deemed  advisable  by  the  President  of 
42G11  the  United  States,  provided  that  no  such  actual  settler  shall  be 

permitted  to  pre-empt,  in  the  manner  aforesaid,  more  than  one 
42G13    lot,  or  two  contiguous  lots,  on  which  he  has  proved  to  have 
42G14    made  improvements  exceeding  the  value  of  one  hundred  dollars. 
42G15    The  residue  of  said  lots  shall  be  brought  into  market  as  other 
GIG    Government  lauds  are  offered  for  sale,  and  shall  not  be  sold  at  a 
317    less  price  than  the  said  minimum  price;  and -all  said  sales  shall 
be  made,  and  the  patents  provided  for  in  these  articles  shall  be 
ssued,  in  accordance  with  the  survey  made  in  conformity  to 
said  act  of  March  third,  one  thousand  eight  hundred  and  forty- 
three,  unless,  in  the  opinion  of  the  Secretary  of  the  Interior,  a 
DeW  SUney  Sba11  be  deemod  necessary  and  proper. 

ARTICLE  15.  The  United  States  agree  to  pay,  within  one 


957 


42624 
42625 
42626 
42627 
42628 
42629 
42630 
42631 
42632 
42633 
42634 
42635 
42636 
42637 
42638 
42639 
42640 
42641 

42642 

42643 

42644 

42645 

42646 

42647 

42648 

42649 

42650 

42651 

42652 

42653 

42654 

42655 

42656 

42657 

42658 

42659 

42660 

42661 

42662 

42663 

42664 

42665 
42666 
42667 


year  after  the  ratification  of  this  agreement,  the  appraised  value 
of  the  improvements  upon  the  lands  heroin  ceded  and  relin 
quished  to  the  United  States,  to  the  individuals  claiming  the 
same,  the  valuation  of  such  improvements  to  be  made  by  a  per 
son  to  be  selected  by  the  superintendent  of  Indian  affairs  for 
the  northern  superintendence,  and  not  to  exceed,  in  the  aggre 
gate,  the  sum  of  five  thousand  dollars. 

ARTICLE  16.  The  hereinafter  named  Stockbridge  Indians 
having  become  sufficiently  advanced  in  civilization,  and  being 
desirous  of  separating  from  the  Stockbridge  tribe,  and  of  en 
joying  the  privileges  granted  to  persons  of  Indian  descent  by 
the  State  of  Wisconsin,  and  in  consideration  of  ceding  and  re 
linquishing  to  the  United  States  all  their  rights  in  the  lands  and 
annuities  of  the  Stockbridge  tribe  of  Indians,  and  in  the  annu 
ities,  money,  or  laud  to  which  said  Indians  now  are  or  may 
hereafter  be  entitled,  the  United  States  agree  to  issue  patents  in 
fee-simple  to  the  said  Stockbridge  Indians  to  the  lots  of  land,  at 
the  town  of  Stockbridge,  described  and  set  opposite  their  names. 


Nainea  of  persons." 


Lots  to  be  patented  to  them. 


Lots,  the  privilege  of 
entering  which  on 
the  same  terms  of 
payment  as  pre 
scribed  for  actual 
settlers  in  artido 
14  is  granted. 


John  Moore 9,  38,  and  105.     226 and  187 

Job  Moore. 69, 176  and  191    280  

Sopha  Moore 177 

Caleb  Moore 223  „ 

Elizabeth  Moore 234 

Henry  Moore 264 233 

Daniel  Davids'  heirs 47,  K  half  48, 60 

John  Littlernan's  heirs 113 

Jane  Dean's  heirs 30 

A.  Miller's  heirs 14 

Mary  McAllister K  half  280  ...     S.  half  280 

Hope  Welch 284 

Catharine  Mills S.  half  194 . , . .     .X.  half  194 

Kancy  Horn K  half  270 S.  half  270 

Margaret  Beaulieu N.  half  238. ...     S.  half  238 

Sally  Shenandoah „ 76  . 

Jacob  Moore 233  190  

Martha  Mo^re,  wife  of  Jacob  Moore  253 » 

Betsey  Mauague 3ST.  half  349 ....     S.  half  349 

Levy  Konkapot 61, 152 

Mary  Hendrick 78  

John  W.  Abrams 59 

The  said  Mary  Hendrick,  and  Levy  Koiikapot,  John  W. 
Abrams  to  have  the  privilege  of  joining  again  the  said  Stock- 
brides  and  Munsees  in  their  new  location. 


958 

42GG8  ARTICLE  17.  So  much  of  the  treaties  of  September  third, 

4~>GG9  one  thousand  eight  hundred  and  thirty-nine,  and  of  November 

4~>670  twenty-fourth,  one  thousand  eight  hundred  and  forty-eight,  as  is 

42671  in  contravention  or  in  conflict  with  the  stipulations  of  this 

42672  agreement,  is  hereby  abrogated  and  annulled. 

42673  ARTICLE  18.  This  instrument  shall  be  binding  upon  the 

42674  contracting  parties  whenever  the  same  shall  be  ratified  by  the 

42675  President  and  the  Senate  of  the  United  States. 

42676  Itoll  and  census  made  in  conformity  to  article  5  of  the  foregoing 

42677  treaty, 

|,')P7Q  s  .,(  the  Munsees  of  New  York. 

•i-lH  O  included  in  the  treaty  of  September  3,  1839.  Men.  Women.  Children.  Total. 

HMI7U  Isaac  Durkee--  112  4 

42680  William  Mohawk 112  4 

42681  Titus  Mohawk 1  1 

•!2i;s2  Thomas  Snake's  widow.         ..  1  1  2 

42683  Austin  Half  White 1  1 

42684  Clarissa  Spragg 1  7  8 

42685  George  Moses 1  1  2  4 

42686  Jonathan  Waterman...  115  7 

42687  Jonathan  Titus 1  ..  ..  1 

42688  Levy  Halftown 117  9 

42689  Jefferson  Halftown 1  1  . .  2 

42690  Eunice  Eed  Eye 1  5  G 

42691  John  Wilson 113  5 

42692  Joshua  Wilson ..  112  4 


Numes.— Census  of  Stockbridges  and  Munsees 

.•it  Stockbridje,  Wisconsin.  Men.                      Women.                  Children.  Total. 

42694  John  N.  Chicks 1  34 

42695  Jeremiah  Slingerland. . .  113  5 

42696  John  W.  Abrams 114  G 

42G97    Ziba  T.  Peters 1                i                2  4 

42698  Levy  Konkapot 1  1 

42699  Thomas  S.  Branch 112  4 

42700  Jacob  Davids 114  G 

42701  John  W.  Quinuey,  jr. ..  112  4 

42702  Timothy  Jourdan 113  5 

42703  John  Yoccuin 1                i                4  (j 

42704  George  T.Bennet i                i                3  5 

42705  Jacob  Koukapot 113  5 

4270G    Jesse  Jourdau 1                i                2  4 

42707  Jeremiah  Beunet--  112  4 

12708    Isaac  Jacobs 1              \               i  3 

42709  James  Joshua 1  1 

42710  Benjamin  Pye,  2d i  2  4 

42711  John  P.  Hendricks  . . . .  112  4 


059 


4-9719        Names.— Census  of  Stockbridges  ami  Munsees 

*-"-'—'            at  Stoekbridge,  Wisconsin.  Men 

42713  Eli  Williams 1 

42714  Cornelius  Anthony 1 

42715  Lewis  Hendrick 1 

4271G    Adam  Davids 1 

42717  Elias  Konkapot 1 

42718  Jedediah  Wilber 1 

42719  William  Gardner 1 

42720  Stephen  Gardner 1 

42721  Simeon  Gardner 1 

42722  Polly  Bennett 

42723  Eleanor  Charles 

42724  Mary  Hendrick 

42725  Susannah  Hendrick 

42726  Joseph  Doxtater  .......  1 

42727  Joseph  L.  Chicks 1 

42728  James  Chicks 

42729  Solomon  Davids 1 

42730  Elizabeth  Bowman 

42731  Humble  Jourdau 1 

42732  Phebe  Pye 

42733  Jacob  Jacobs  . ,  1 

42734  Aaron  Koukapot 1 

42735  Jeremiah  Gardiner 1 

42736  Andrew  Wilber 1 

42737  Prudence  Quinney  ..... 

42738  Bethseba  Wright 

42739  Alonzo  Quinney 1 

42740  Eebecca  Thompson 

42741  Peter  Bennett,  sen 1 

42742  Peter  Bennett,  jr. .......  1 

42743  Daniel  Gardner 1 

42744  Bathseba  Brown 

42745  Dennis  T.  Turkey 1 

4274G    Benjamin  Pye,  3d 1 

42747  Abram  Pye,  sen -.  1 

42748  Abram  Pye,  jr 1 

42749  David  Pye 1 

42750  Elizabeth  Doxtater 

42751  Margaret  Davids 

42752  Cornelius  Aaron 1 

42753  Anna  Turkey, 

42754  Phebe  Skicket. . 

42755  Louisa  Konkapot.  ...... 

4275G    Elizabeth  Aaron 

42757    Eebecca  Aaron ..... 


Total. 

5 
4 
1 
4 

1 

1 

5 

3 

3 

3 

1 

1 

1 

2 

4 

1 

3 

4 

2 

1 

1 

1 

1 

I 

1 

1 

1 

1 

G 

2 

1 

1 

2 

G 

3 

1 

1 

5 

2 

3 

1 

1 

1 

1 

1 


960 

42753  ^^^^8"^"m'  Men. 

42759    Benjamin  Pye,  4th 5 

427GO    Paul  Pye 1  1 

427G1  Jackson  Chicks  and  one 

427G2  other  orphan,  heirs  of 

42703        Josiali  Chicks 2 

427G4    Electa  W.  Candy 114  6 

427G5    Cornelius  Yoccum 1                1                3  5 

427GG    Harriet  Jonrdan 1  1 

427G7    Leviua  Pye 1  1 

427G8    Charlotte  Palmer 13  4 

427G9    Remona  Miller 12  3 

42770  Hannah  Turkey 13  4 

42771  Bigdeer 1  1 

42772  Elizabeth  Wilber 1  2  3 

42773  Harvey  Johnson 1  1                7  9 

42774  Mary  Eliza  Butler 13  4 

42775  Thomas  Tousey 1  1                G  8 

4277G    Chester  Tousey 115  7 

42777  Daniel  Tousey 1  . .               -  -  1 

42778  Sarah  Tousey 1  ..  1 

42779  Philena  Pye,  1st 1  . .  1 

42780  Lucinda  Quinney 1  2  3 

42781  Eliza  Franks 1  1  2 

H'TM'  Lucinda  Gardner 1                1  2 

!i'7>:;    Mary  Jane  Bowman 1              ..  1 

42784  Debby  Baldwin 1  2  3 

42785  Edward  Bowman Ill  3 

4278G    Moses  Smith .  1                1                2  4 

42787  Dolly  Doxtater .*.  11  2 

42788  Polly  Smith 1  ..  1 

42789  Aaron   Smith,   (Hannah 

42790  Smith) 112  4 

42791  Polly  Ponkapot 1  1 

42792  John  Lewis 1  1 

42793  Peter  D.  Littleman 114  G 

12794  Clarissa  Miller 1  1 

12795  JohuP.Quinney,(absent)  1  1  2 
1279G  Paul  Quitfney,  (absent).  Ill  3 

12797    Charles  Stevens 1  1 

42798    Samuel  Stevens 1                i  2 

12799    Samuel  Miller 14  5 

2800  John  Metoxen,  sen l  i 

2801  Simeon  S.  Metoxen 114  G 

2802  Nicholas  Palmer  ....  l  i                »  4 
42803  Daniel  Metoxen.  i 


9G1 


4°cS04-        Names.  -Census  of  Stockbridges  and  Munsees 
at  Stockbridge,  Wisconsin.                                                 Men                      \V. 

Jineu.                Children.                              Total 

42805    Moses  Doxtator  

1 

1                2 

4 

42806    Darius  Charles  

1 

2 

3 

42807    Catharine  Butterfield  ... 

. 

1                 1 

2 

42808    Washington  Quinney  .  .  . 

1 

1                3 

5 

42809    Ezekiel  Kobinson 

1 

. 

1 

42810     Sally  Pye  

1                 2 

3 

42811    James  Palmer  

1 

2 

3 

42812    Jonas  Thompson  

1 

1                3 

5 

42813     William  Thompson 

1 

. 

1 

42814    Austin  E.  Quinney 

1 

1                3 

5 

42815    John  Beaman  

1 

. 

1 

42816     Simeon  Quinney  

1 

1                1 

3 

42817     Elizabeth  Palmer 

. 

1 

1 

42818    Margaret  Miller  

. 

1                 2 

3 

42819    William  Miller  

1 

.  . 

1 

42820    Zachariah  Milier  

1 

1 

2 

42821     Solomon  Duchamp  

1 

.  . 

1 

42822    John  Metoxen,  jr  

1 

.  , 

1 

42823    Jospeh  M.  Quinney 

1 

1                 1 

3 

42824    Mary  Quiuney  

1 

1 

42825    Freliughuysen  Quinney. 

1 

. 

1 

42826    Bartholomew  Bowman  .  . 

1 

.  . 

1 

42827     Lewis  Bowman  

1 

. 

1 

42828    Roll  and  Census  of  Stockbridges  and  Munsees  who  prefer  to  re- 

42829                       main  at  Stockbridge 

according 

to  article  16. 

42830            Name9> 

Meii. 

Women.                  Children.            1 

'otal 

42831     John  Moore  

1 

.  . 

1 

42832    Job  Moore  

1               1 

1                 6 

8 

42833     Sophia  Moore  

L 

1 

1 

42834    Caleb  Moore  

• 

.  . 

42835    Elizabeth  Moore  

\  .. 

.  . 

42836    Henry  Moore  

1 

2 

42837     Diana  Davids  

1 

1 

42838    Mary  Ann  Littlemau  

1                 1 

2 

42839     Mary  Jane  Dean.  ^  Children 

c 

1 

1 

42840    Daniel  P.  Dean.    >     of  Jane 

1 

1 

42841     John  W.  Dean.      >      Dean. 

(    . 

1 

1 

42842    Dideema  Miller  

1 

1 

42843     Darius  Davids  

i 

.  . 

1 

42844     Mary  McAllister  

1 

1 

42845     Hope  Welch  

1 

1 

42846    Catharine  Mills  

1 

1 

*  121  I  T 

9G2 


42847 

Names. 

Men.                        Women.                   Chiklren.          To 
1 

ta1 
1 

42b4b 

.Nancj  1  om 

1                5 

(; 

42849 

1                2 

3 

428oO 

1OQ"1 

1                5 

6 

42ool 

i  QOrO 

.       .....       112 

4 

4JoJ-i 
42853 
42854 
42855 

FRANCIS  HUEBSCHMANN, 

Commissioner. 
ZIBA  T.  PETERS,  Sachem. 

40350  DEPARTMENT  OF  THE  INTERIOR, 

40357  Office  Indian  Affairs,  March  3, 185G. 

42858  SIR  :  Referring  to  my  last  two  annual  reports,  where  the 

42859  embarrassed  condition  of  the  Stockbridge  and  Munsee  Indians 

42860  is  discussed,  and  to  the  paragraph  of  the  general  Indian  appro- 
428G1  priation  bill,  of  the  3d  March,  1855,  Stat.  at  Large,  vol.  x,  p. 

42862  699,  where  there  is  appropriated,  "  for  the  purpose  of  enabling 

42863  the  President  to  treat  with  and  arrange  the  difficulties  existing 

42864  among  the  Stockbridge  and  Munsee  Indians  of  Lake  Winue- 

42865  bago,  in  the  State  of  .Wisconsin,  arising  out  of  the  acts  of  Con- 

42866  gress  of  third  March,  eighteen  hundred  and  forty-three,  and 

42867  August  sixth,  eighteen  hundred  and  forty-six,  and  the  treaty 

42868  of  twenty -fourth  of  November,  eighteen  hundred    and  forty  - 

42869  eight,  in  such  manner  as  may  be  just  to  the  Indians,  and  with 

42870  their  assent,  and  not  inconsistent  with  the  legal  rights  of  white 

42871  persons  who  may  reside  on  the  Stockbridge  reserve,  of  the  claim 

42872  of  the  United  States  under  the  treaty  of  eighteen  hundred  and 

42873  forty-eight,  the  sum  of  fifteen  hundred  dollars $"  and  also  to 

42874  tbe  treaty  which  was  made  between  these  Indians  and  Super- 

42875  intendent  Francis  Huebschmann,  during  the  last  summer,  which 

42876  for  reasons  then  given  you,  was  disapproved  of,  I  have  now  the 

12877  honor  to  send  up  a  treaty  concluded  with  them  on  the  oth 

12878  ultimo,  by  Superintendent   Huebschmann,   the  provisions   of 
2879  which  are  approved  by  me,  and  would  recommend,  if  you  agree, 

880  that  it  may  be  laid  before  the  President,  to  the  end,  if  ap- 

381  proved  by  him,  that  it  may  be  sent  to  the  Senate  for  its  consti- 

42882  tutional  action  thereon. 

And  I  herewith  transmit  a  copy  of  the  letter  of  the  super- 

*84  intendent  sending  on  said  treaty,  together  with  a  copy  of  a 
power  of  attorney  from  certain  Munsees  to  Isaac  Durkee,  Wil 
liam  Mohawk,  and  Joshua  Wilson,  for  purposes  therein  indi- 

42887  cated. 

I  would  merely  remark  that  by  locating  the  Stockbridges 
in  Wisconsin  instead  of  Minnesota  about  $20,000  of  expense 
would  be  saved  in  removal,  while  a  location  in  Minnesota  could 

be  more  out  of  the  way  of  the  whites,  and  the  lands  there 


963 

42892  would  be  worth  to  the  Government  at  least  as  much  as  the  price 

42893  to  be  paid  the  Menomonees. 

42894  Very  respectfully,  your  obedient  servant, 

42895  GEO.  W.  MANYPENNY,  Commissioner. 

42896  Hon.  EGBERT  MCCLELLAND, 

42897  Secretary  of  the  Interior. 

42898  NORTHERN  SUPERINTENDENCY, 

42899  Milwaukic,  February  23,  1856. 

42900  SIR  :  I  have  the  honor  to  enclose  a  treaty  with  the  Stock  - 

42901  bridges  and  Munsees,  concluded  in  conformity  to  your  instruc- 

42902  tions.    In  consequence  of  the  complicated  difficulties  at  Stock  - 

42903  bridge,  and  the  factious  spirit  ruling  among  the  Indians,  the 

42904  task  imposed  upon  me  was  not  an  easy  one,  and  required  ex- 

42905  traordinary  patience  and  forbearance.    I  believe  I  have  used  all 

42906  proper  means  to  make  the  arrangement  contemplated  by  the 

42907  treaty  as  acceptable  to  all  parties  interested  as  could  be  expected 

42908  under  the  circumstances.     However,  about  one-fifth  of  the  In- 

42909  dians,  headed  by  Austin  E.  Quinney,  and  mostly  consisting  of 

42910  members  of  the  Quinney  family,  did  not  sign  the  treaty,  but 

42911  without  giving  any  sensible  reason.    The  only  two  objections 

42912  raised  by  Austin  E.  Quinney  to  the  draft  of  the  treaty  were : 

42913  First,  That  the  issuing  of  patents  to  lands,  to  be  apportioned  to 

42914  the  individuals  of  the  tribe,  was  contemplated.    This  objection 

42915  was  virtually  obviated  by  amending  the  treaty  so  that  the  ap- 

42916  plication  for  a  patent  to  be  made  after  ten  years  has  first  to  be 

42917  consented  to  by  the  general  council  of  the  Stockbridges  and 

42918  Munsees. 

42919  His  second  objection  was  that  there  was  no  provision  made 

42920  for  the  payment  of  a  claim  he  himself  has  against  the  tribe. 

42921  Though  I  invited  him  to  submit  the  claim  to  me  for  examina- 

42922  tion,  he  did  not  do  so,  and,  from  what  I  learned  from  himself 

42923  and  others,  it  appears  that  it  would,  if  submitted,  not  bear  very 

42924  accurate  examination,  as  about  half  of  it  is  made  up  of  high 

42925  charges  for  meals  furnished  councillors  of  the  Stockbridges,  and 

42926  the  other  half  for  funds  advanced  to  one  certain  Chandler,  on 

42927  his  share  of  the  twenty  thousand  dollars  to  be  paid  under  the 

42928  amendment  to  the  treaty  of  1848  for  procuring  the  adoption  of 

42929  the  said  amendment. 

42930  The  real  objection  on  the  part  of  the  Quiuneys  to  the  re-or- 

42931  ganization  of  the  Stockbridges  and  Munsees  under  this  treaty 

42932  is,  no  doubt,  the  certainty  staring  them  in  the  face  that  their 

42933  rule  over  the  tribe  will  be  at  an  end  if  the  treaty  is  ratified.    To 

42934  show  what  use  this  family  has  made  of  their  power  over  the 

42935  tribe,  I  will  only  mention  a  few  instances.    Though  claiming  to 

42936  hold  their  lands  again  in  commonalty  in  consequence  of  the  law 


964 

4<>937  of  August  6, 1846,  Austin  E.  Quinney,  by  barter  and  trade  car- 

42938  ried  on  with  widows  and  other  Indians,  and  by  advancing  to 

40939  them  a  few  provisions,  pretended  to  have  bought  their  lots  of 

42940  laud,  and  under  the  treaty  of  1848  he  not  only  received  pay  for 

42941  the  improvements  on  all  these  lands,  (1,440  acres,)  $2,760.63,  but 

42942  of  the  sixteen  thousand  five  hundred  dollars  paid  under  V  arti- 

42943  cle  of  treaty  of  1848  he  received  $3,083,  while,  under  a  proper 

42944  per  capita  apportionment,  the  share  of  his  family  would  not 

42945  have  been  much  more  than  about  three  hundred  dollars.     The 

42946  interest  of  the  $16,500,  to  be  paid  "as  other  annuities  are  paid 

42947  by  the  United  States,'7  has  been  apportioned  in  direct  violation 

42948  of  the  said  treaty  until  the  Stockbridge  affairs  came  under  my 

42949  superintendence,  in  the  same  manner  as  the  $16,500  under  arti- 

42950  cle  5  had  been  paid  ;  and  for  the  benefit  of  SanTl  Miller,  even  that 

42951  illegal  apportionment  was  falsified  so  as  to  pay  him  one-half  of 

42952  $1,662.50,  and  the  interest  on  the  other  half  instead  of  $412.50, 

42953  the  proportion  to  which  he  would  have  been  entitled  by  the 

42954  quantity  of  land  held  by  him  at  the  treaty  of  1848.     Austin  E. 

42955  Quinney  realized  about  a  thousand  dollars  more  by  selling  his 

42956  pretended  right  of  occupancy  to  lots,  so  that  it  appears  that  he 

42957  has  received  about  seven  thousand  dollars  in  addition  to  what 

42958  he  has  received  of  the  money  paid  to  his  tribe  by  the  State  of 

42959  New  York,  and  it  is  no  doubt  mortifying  to  him  that  his  share 

42960  of  moneys  hereafter  is  to  be  no  larger  than  that  of  any  other 

42961  member  of  the  tribe.    A  great  part  of  the  funds  received  from 

42962  the  State  of  2few  York  has  been  used  by  the  Quinney  family  for 

42963  their  own  aggrandizement  and   the  sending  of  delegations  to 

42964  Washington ;  and  the  wishes  of  a  majority  of  the  Stockbridges 

42965  in  relation  to  the  application  of  those  funds   have  been   fre- 

42966  queutly  disregarded,  and  at  the  present  time  Sam'l  Miller  has  been 

42967  sent  by  Austin  E.  Quinney  as  delegate  to  Washington  with  a 

42968  part  of  those  funds,  in  direct  opposition  to  the  wishes  of  the 

42969  majority. 

42970  I  proposed  to  Austin  E.  Quiimey  and  his  followers  to  patent 

42971  to  them  lands  at  Stockbridge,  and  to  make  other  stipulations 

42972  favorable  to  them,  if  they  preferred  to  remain  there  and   to 
£973  separate  from  the  tribe;  but  as  they  would  not  declare  their 
£974  willingness  to  accept  of  such  provisions,  and  as  Quinney  declared 
£975  that  he  would  probably  desire  to  remove  with  the  others  if  the 

2976  lands  to  be  selected  were  of  good  quality,  and  deeming  it  more 

2977  beneficial  to  them  that  they  should  remove  with  the  others  and 
be  settled  by  themselves,  if  they  preferred  it,  in  some  corner  of 

2979  the  new  reservation,  I  did  not  feel  prompted  to  provide  for  their 

>80  remaining  at  Stockbridge,  and  increased  the  sums  to  be  paid  in 
proportion  to  their  number. 

I  had  made  no  secret,  since  my  visit  to  Stockbridge  during 
the  fore  part  of  December  last,  of  the  arrangement  contemplated 


965 

42984  in  relation  to  lands  and  land-titles  at  Stockbridge,  (articles  13 

42985  and  14,)  and  it  appeared  generally  satisfactory  to  white  set- 

42986  tiers;  yet  there  will  be  always  found  meddlesome  individuals, 

42987  and  it  appears  that,  at  the  request  of  a  resident  of  Stock. 

42988  bridge,  who,  however,  has  no  land  himself,  a  lawyer  of  Green 

42989  Bay  had  drawn  up  a  petition  or  memorial  asking  the  treaty  to 

42990  be  amended. 

42991  When  I  saw  the  document  no  names  were  attached  to  it, 

42992  and  I  have  not  inquired  afterwards  if  it  has  been  signed  by 

42993  anybody  and  forwarded.     I  read  it  very  hastily,  but  it  left  the 

42994  impression  upon  my  mind  that  little  legal  knowledge  was  dis- 

42995  played  by  its  author.     Since  the  authority  to  issue  patents  given 

42996  by  the  law  of  1843  was  destroyed  by  the  repealing  act  of  1846, 

42997  and  the  list  of  patents  to  lots  to  be  granted  under  the  treaty  of 

42998  1848  is  imperfect  and  incorrect,  the  settlers  at  Stockbridge,  if 

42999  they  understand  it,  will  be  the  last  to  object  to  authority  being 

43000  granted  to  the  proper  officer  to  issue  patents  ;  and  the  investiga- 

43001  tion  of  sales  made  by  Indians  provided  for,  I  think,  will  not  be 

43002  seriously  objected  to,  except  by  such  who  are  afraid  that  the 

43003  consideration  paid  by  them  would  be  found  to  have  consisted  of 

43004  whiskey. 

43005  The  minimum  price  fixed  in  the  treaty  for  the  land  to  be 

43006  sold  by  the  United  States  Government  is  not  too  high  nor  unjust 

43007  to  any  class  of  the  settlers  at  Stockbridge.     Those  who  settled 

43008  there  shortly  after  the  treaty  of  1848,  and  bought  out,  for  a 

43009  small  consideration,  the  right  of  occupancy  of  Indians  to  their 

43010  houses,  clearings,  and  fields,  have  since  mostly  confined  them- 

43011  selves  to  cultivating  the  fields  already  made,  and  raised  fine 

43012  crops,  without  paying  any  taxes  or  bearing  any  of  the  hardships 

43013  of  a  new  settlement.     It  has  not  been  so  much  by  their  labor 

43014  that  these  lands  have  become  valuable  as  by  the  settlements 

43015  and  improvements  made  in  the  surrounding  country  and  the 

43016  general  prosperity  of  the  State.    The  settlers  who  have  recently 

43017  squatted  on  lots  of  land  at  Stockbridge  have  gone  there  with 

43018  the  perfect  knowledge  of  the  price  which  was  expected  to  be 

43019  fixed  on  those  lands,  and  since  it  has  become  known  that  the 

43020  treaty  was  signed,  that  part  of  the  State-  has  been  under  great 

43021  excitement,  and  many  have  flocked  to  Stockbridge  to  make 

43022  claims  and  to  avail  themselves  of  the  privileges  contemplated  to 

43023  be  extended  to  actual  settlers  by  the  treaty.     It  is  feared  that 

43024  there  are  even  more  settlers  and  claimants  than  lots  of  land, 

43025  and  if  the  price  should  be  reduced  the  excitement  would,  no 

43026  doubt,  become  more  intense,  and  the  land-officers  would  find  it 

43027  more  difficult  to  settle  the  conflicting  claims.    The  privilege  of 

43028  entering  lands  at  the  terms  of  payment  as  prescribed  for  actual 

43029  settlers  in  article  14,  granted  to  a  number  of  Indians  by  article 

43030  16,  was  considered  by  all  as  very  valuable,  which  seems  to 


96G 

43031  prove  beyond  a  doubt  that  the  price  is  considered  very  moderate. 

43032  If  the  petition  above  referred  to  has  been  signed  generally  by 

43033  the  settlers  at  Stockbridge,  they  have  done  so  in  consequence  of 

43034  its  being  represented  to  them  that  it  could  do  no  harm  to  try  to 

43035  get  the^lands  from  the  Government  at  a  less  price,  and  not 

43036  because  the  price  is  too  high  or  unjust  to  any  one  of  them.    A 

43037  power  of  attorney  of  the  Munsees  of  New  York  to  their  dele- 

43038  gate  is  herewith  enclosed. 

43039  Very  respectfully,  your  obedient  servant, 

4M40  FRANCIS  HUEBSCHMANN, 

43041  Superintendent. 

4304ii          lion.  GEORGE  W.  MANYPENNY, 

43043  Commissioner  of  Indian  Affairs,  Washington,  D.  C. 

43044  Know  all  men  that  by  these  presents  we  make,  constitute,  and 

43045  appoint  Isaac  Durkee,  William  Mohawk,  and  Joshua  Wilson,  or 

43046  either  two  of  them  in  the  absence  of  the  other,  to  receive  from 

43047  the  commissioner  of  the  United  States  the  share  of  us,  and  each 

43048  of  us,  and  our  families,  in  money,  which,  in  consideration  of 

43049  annuities  due  us  from  the^ United  States,  or  by  virtue  and  effect 

43050  of  a  treaty  which  it  is  understood  is  about  to  be  made  between 

43051  the  United  States  and  the  Stockbridge  and  Muiisee  tribes  of 
4305U  Indians,  we  are  informed  will  be  our  due,  and  will  be  paid  to  us 

43053  by  the  said  commissioner,  or  by  the  superintendent  of  Indian 

43054  affairs  for  Wisconsin.    And  we  hereby  authorize  our  attorneys 

43055  as  aforesaid  to  give  receipts  and  vouchers  to  the  said  conimis- 

43056  sioner  or  superintendent,  as  may  be  right,  or  he  may  require ; 

43057  our  intention  being  that  our  said  attorneys  shall  transmit  to  us, 

43058  in  the  State  of  New  York,  said  moneys,  to  enable  us  immediately 

43059  to  remove  to,  improve,  and  subsist  in  our  new  homes  in  the  State 

43060  of  Wisconsin ;  hereby  ratifying  the  acts  of  our  attorneys  in  the 

43061  premises. 

43062  In  witness  whereof,  we  have  hereunto  set  our  hands  and 

43063  seals,  this  -       -  day  of  January,  A.  I).  1856. 

43064  ISAAC  DUEKEE. 

43065  WILLIAM  MOHAWK. 

43066  TITUS  MOHAWK,  his  x  mark. 

43067  AUSTIN  HALF  WHITE,  his  x  mark. 

43068  CLAEISSA  SPEAGG,  her  x  mark. 

43069  GEOEGE  MOSES,  his  x  mark. 

43070  JONATHAN  WATEEMAN,      his  x  mark. 

43071  JONATHAN  TITUS,  his  x  mark. 
LEVY  HALF  TOWN,  his  x  mark. 
JEFFEESON  HALF  TOWN,     his  x  mark. 

In  presence  of — 

SAM'L  W.  BEALL, 
43076  JQIIX  ARMSTRONG. 


967 

43077  STATE  OF  NEW  YORK,        ) 

\  q<? 

43078  Cattaraugus  County,   $ 

43079  On  this  19th  day  of  January,  A.  D.  1S5G,  came  before  uie 

43080  Isaac  Durkee,  William  Mohawk,  Titus  Mohawk,  Austin  Half 

43081  White,  Clarissa  Spragg,  George  Moses,  Jonathan  Watersnake, 

43082  Jonathan  Titus,  Levy  Half  Town,  Jefferson  Half  Town,  proven 

43083  to  me  by  the  oath  of  George  Jamison,  to  me  well  known,  to  be 

43084  the  individuals  who  signed  and  executed  the  within  instrument 

43085  of  attorney,  and  acknowledged  that  they  executed  it  freely. 
43080  GEORGE  JAMISON,  his  x  mark. 

43087  Sworn  and  subscribed  before  me,  this  19th  day  of  Jan- 

43088  nary,  185G. 

43089  ELISHA  BROWN, 

43090  Justice  of  the  Peace. 

43091  Proclaimed  September  8,  1856. 


43092  TEETONS. 

43093  A  treaty  of  peace  and  friendship  made  and  concluded  between  Will- 

43094  iam  ClarJc,  Ninian  Edwards,  and  Auguste  Chouteau,  commis- 

43095  sioners  plenipotentiary  of  the  United  States  of  America,  on  the 

43096  part  and  behalf  of  the  said  States,  of  the  one  part,  and  the 

43097  undersigned  chiefs  and  warriors  of  the  Teeton  tribe  of  Indians, 

43098  on  the  part  and  behalf  of  their  said  tribe,  of  the  other  part. 

43099  The  parties  being  desirous  of  re-establishing  peace  and 

43100  friendship  between  the  United  States  and  the  said  tribe,  and 

43101  of  being  placed  in  all  things  and  in  every  respect  on  the 

43102  same  footing  upon  which  they  stood  before  the  late  war  be- 

43103  tween  the  United  States  and  Great  Britain,  have  agreed  to  the 

43104  following  articles : 

43105  ARTICLE  1.  Every  injury  or  act  of  hostility  committed  by 

43106  one  or  either  of  the  contracting  parties  against  the  other  shall 

43107  be  mutually  forgiven  and  forgot. 

43108  ARTICLE  2.  There  shall  be  perpetual  peace  and  friendship 

43109  between  all  the  citizens  of  the  United  States  of  America  and  all 

43110  the  individuals  composing  the  said  Teeton  tribe ;  and  the  friendly 

43111  relations  that  existed  between  them  before  the  war  shall  be,  and 

43112  the  same  are  hereby,  renewed. 

43113  ARTICLE  3.  The  undersigned  chiefs  and  warriors,  for  them- 

43114  selves  and  their  said  tribe,  do  hereby  acknowledge  themselves 

43115  and  their  aforesaid  tribe  to  be  under  the  protection  of  the  United 

43116  States  of  America,  and  of  no  other  nation,  power,  or  sovereign 

43117  whatsoever. 

43118  Ratified  December  26,  1815. 


9G8 
43110  UTAHS. 

43120  Treaty  between  the  United  States  of  America  and  the  Utah  Indians. 

43121  The  following  articles  have  been  duly  considered  and  sol- 

43122  emnly  adopted  by  the  undersigned,  that  is  to  say,  James  S. 

43123  Calhouu,  Indian  agent,  residing  at  Santa  Fe,  acting  as  commis- 

43124  siouer  on  the  part  of  the  United  States  of  America,  and  Quixia- 

43125  chigate,  Nauito  Nincocuuachi,  Abaganixe,   Kamahi,   Subleta, 
4312G  Kupallachi,    Saguasoxego,    Paguisachi,    Cobaxanor,    Amuche, 

43127  Puigniachi,  Panachi,  Sichuga,  Uvicaxinape,  Cuchuticay,  Xachi- 

43128  tope,  Pueguate,  Guano  Juas,   Pacachi,   Saguanchi,   Acaguate 
43120    nochi,  Puibuquiacte,  Quixache  tuate,  Saxiabe,  Pichiute  ISTochi- 

43130  chigue,  Uvive,  principal  and  subordinate  chiefs,  representing  the 

43131  Utah  tribe  of  Indians. 

43132  I.  The  Utah  tribe  of  Ind  ians  do  hereby  acknowledge  and 

43133  declare  they  are  lawfully  and  exclusively  under  the  jurisdiction 

43134  of  the  Government  of  said  States,  and  to  its  power  and  author- 

43135  ity  they  now  unconditionally  submit. 

43130  II.  From  and  after  the  signing  of  this  treaty,  hostilities  be- 

43137  tween  the  contracting  parties  shall  cease,  and  perpetual  peace 

43138  and  amity  shall  exist,  the  said  tribe  hereby  binding  themselves 

43139  most  solemnly  never  to  associate  with  or  give  countenance  or 

43140  aid  to  any  tribe  or  band  of  Indians,  or  other  persons  or  powers, 

43141  who  may  be  at  any  time  at  enmity  with  the  people  or  Govern 

43142  ment  of  said  States,  and  that  they  will,  in  all  future  time,  treat 

43143  honestly  and  humanely  every  citizen  of  the  United  States,   and 

43144  all  persons  and  powers  at  peace  with  the  said  States 5  and  all 

43145  cases  of  aggression  against  the  said  Utahs  shall  be  referred  to 
4314G  the  aforesaid  Government  for  adjustment  and  settlement. 

L47  III.  All  American  and  Mexican  captives  and  others  taken 

from  persons  or  powers  at  peace  with  the  said  States  shall  be 
U49    restored  and  delivered  by  said  Utahs  to  an  authorized  officer  or 
•150    agent  of  said  States,  at  Abiquiu,  on  or  before  the  first  day  of 
J151    March,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
Uo2    fifty ;  and  in  like  manner  all  stolen  property  of  every  descrip- 
3153    tion  shall  be  restored  by  or  before  the  aforesaid  first  day  of 
March,  1850.    In  the  event  such  stolen  property  shall  have  been 
3155    consumed  or  destroyed,  the  said  Utah  Indians  do  agree  and  are 
4.31^6    hereby  bound  to  make  such  restitution  and  under  such  circum 
stances  as  the  Government  of  the  United  States  may  order  and 
W158    prescribe;  but  this  article  is  not  to  be  so  construed  or  under 
stood  as  to  create  a  claim  against  said  States  for  any  losses  or 
Depredations  committed  by  said  Utahs. 

IV.  The  contracting  parties  agree 'that  the  laws  now   in 


969 

force,  and  such  others  as  may  be  passed,  regulating  the  trade 

1C3  and  intercourse,  and  for  the  preservation  of  peace  with  the  va 
rious  tribes  of  Indians  under  the  protection  and  guardianship  of 

431G5  the  Government  of  the  United  States,  shall  be  as  binding  and 

43166  obligatory  upon  the  said  Utahs  as  if  said  laws  had  been  enacted 

43167  for  their  sole  benefit  and  protection  5  and  that  said  laws  may  be 
duly  executed,  and  for  all  other  useful  purposes,  the  territory  oc- 

43169  cupied  by  the  Utahs  is  hereby  annexed  to  New  Mexico  as  now 

43170  organized  or  as  it  may  be  organized  or  until  the  Government  of 

43171  the  United  States  shall  otherwise  order. 

V.  The  people  of  the  United  States,  and  all  others  in  amity 
43173  with  the  United  States,  shall  have  free  passage  through  the  Ter- 

13171  ritory  of  Utah,  under  such  rules  and  regulations  as  may  be 

43175  adopted  by  authority  of  said  States. 

VI.  In  order  to  preserve  tranquility  and  to  afford  protec- 

43177  tion  to  all  the  people  and  interests  of  the  contracting  parties,  the 

43178  Government  of  the  United  States  will  establish  such  military 

43179  posts  and  agencies,  and  authorize  such  trading-houses,  at  such 

43180  time  and  in  such  places  as  the  said  Government  may  designate. 

43181  VII.  Relying  confidently  upon  the  justice  and  liberality  of 

43182  the  United  States,  and  anxious  to  remove  every  possible  cause 

43183  that  might  disturb  their  peace  and  quiet,  it  is  agreed  by  the  Utahs 

43184  that  the  aforesaid  Government  shall,  at  its  earliest  convenience, 

43185  designate,  settle,  and  adjust  their  territorial  boundaries,  and 

43186  pass  and  execute  such  laws  in  their  Territory  as  the  Goveru- 

43187  ment  of  said  States  may  deem  conducive  to  the  happiness  and 

43188  prosperity  of  said  Indians.     And  the  said  Utahs  further  bind 

43189  themselves  not  to  depart  from  their  accustomed  homes  or  local i- 

43190  ties  unless   specially  permitted   by  an   agent  of  the  aforesaid 

43191  Government;  and  so  soon  as  their  boundaries  are  distinctly  de- 

43192  fined  the  said  Utahs  are  further  bound  to  confine  themselves  to 

43193  said  limits,  under  such  rules  as  the  said  Government  may  pre- 
43194  scribe,  and  to  build  up  pueblos,  or  to  settle  in  such  other  manner 

43195  as   will   enable  them   most  successfully  to  cultivate  the  soil, 

43196  and  pursue  such  other  industrial  pursuits  as  will  best  promote 

43197  their  happiness  and  prosperity  j  and  they  now  deliberately  and 

43198  considerately  pledge  their  existence  as  a  distinct  tribe  to  ab- 

43199  stain,  for  all  time  to  come,  from  all  depredations;  to  cease  the 

43200  roving  and  rambling  habits  which  have  hitherto  marked  them 

43201  as  a  people;  to  confine  themselves  strictly  to  the  limits  which 

43202  may  be  assigned  them  ;  and  to  support  themselves  by  their  own 

43203  industry,  aided  and  directed  as  it  may  be  by  the  wisdom,  jus- 

43204  tice,  and  humanity  of  the  American  people. 

43205  VIII.  For  and  in  consideration  of  the  faithful  performance 

43206  of  all  the  stipulations  contained  in  this  treaty  by  the  said  Utahs, 

43207  the  Government  of  the  United  States  will  grant  to  said  Indians 

*  122  i  T 


970 

43°08  such  donations,  presents,  and  implements,  and  adopt  such  other 

43209  liberal  and  humane  measures  as  said  Government  may  deem 

43210  meet  and  proper. 

43211  IX.  This  treaty  shall  be  binding  upon  the  contracting  par- 

43212  ties  from  and  after  the  signing  of  the  same,  subject,  in  the  first 

43213  place,  to  the  approval  of  the  civil  and  military  governor  of  Few 

43214  Mexico,  and  to  such  other  modifications,  amendments,  and  orders 
4:5215  as  may  be  adopted  by  the  Government  of  the  United  States. 
4321 G  Proclaimed  September  9,  1850. 


43217  UTATTS— TABEGUACIIE  BAND. 

4321S  Tmify  bt'ticccn  the  United  States  of  America  and  the  Talcguache 

43219  band  of   Utah  Indians,  concluded  October  7,  1S63 ;  ratified- 

43220  lion  advised,  with  amendments  ly  the  Senate,  March  25,  1SG4; 

43221  amendments  assented  to  October  8,  1SG4. 

43222  ABRAHAM  LINCOLN,  President  of  the  United  States  of  America, 

43223  to  all  and  singular  to  whom  these  presents  shall  come, 

43224  greeting: 

43225  Whereas  a  treaty  was  made  and  concluded  at  the  Tabe- 
1322G  guache  agency,  at  Conejos,  Colorado  Territory,  on  the  seventh 
43227  day  of  October,   in    the  year  of   Lord  one  thousand   eight 
4322S  hundred  and  sixty-three,  by  and  between  John  Evans,  Michael 

43229  Stock,  Simeon  Whiteley,  and  Lafayette  Head,  commissioners  on 

43230  the  part  of  the  United  States,  and  the  hereinafter-named  chiefs 

43231  and  warriors  of  the  Tabeguache  band  of  Utah  Indians,  on  the 
part  of  said  band  of  Indians,  and  duly  authorized  thereto  by 

43233  them,  which    treaty  is   in  the  words  and  figures  following,  to 

43234  wit: 

Whereas  the  Tabeguache  band  of  Utah  Indians  claim  as 

236  against  all   other  Indians  an  exclusive  right  to  the  folio  wing- 

237  described  country  as  their  lands  and  hunting  grounds  within 
the  territory  of  the  United  States  of  America,  being  bounded 

^39    and  described  as  follows,  to  wit : 

"  Beginning  on  the  37th  degree  of  north  latitude,  at  the 
eastern  base  of  the  Sierra  Madre  Mountain ;  running  thence 
northerly  with  the  base  of  the  llocky  Mountains  to  the  forty- 
first  parallel  of  north  latitude-   thence  west  with  the  line  of 
said  forty-first  parallel  of  north  latitude  to  its  intersection  with 
i  summit  of  the  Snowy  range,  northwest  of  the  North  Park  ; 
with  the  summit  of  the  Snowy  range  southerly  to  the 
Ear  Mountains;  thence  southerly  with  the  summit  of 
Rabbit-Ear  range  of  mountains,  west  of  the  Middle  Park, 
the  Grand  River;  thence  with  the  said  Grand  Eiver  to  its 


971 

43250  confluence   with  the   Guunison  Eiver;  thence   with  the  said 

43251  G unnison  Kiver  to  the  mouth  of  the  Uncoinpahgre  Eiver  j  thence 
43232  with  the  said  Uiicompahgre  Kiver  to  its  source  in  the  summit  of 

43253  the  Snowy  range,  opposite  the  source  of  the  Eio  Grande  del 

43254  Norte;  thence  in  a  right  lino  south  to  the  summit  of  the  Sierra 

43255  La  Plata  range  of  mountains,  dividing  the  waters  of  the  San 
43250  Juan  Eiver  from  those  of  the  Eio  Grande  del  Norte;  thence 

43257  with  the  summit  of  said  range  southeasterly  to  the  thirty-seventh 

43258  parallel  of  north  latitude;  thence  with  the  line  of  said  parallel 

43259  of  latitude  to  the  place  of  beginning  : " 

43200  The  President  of  the  United  States  of  America,  by  John 

432G1  Evans,  governor  of  Colorado  Territory,  and  ex-officio  superiutend- 

43202  cut  of  Indian  affairs  for  the  same,  Michael  Steck,  superiutend- 

43203  cut  of  Indian  affairs  for  the  Territory  of  New  Mexico,  Simeon 

43204  Whiteley  and  Lafayette  Ilead,  Indian  agents,  duly  authorized 

43205  and  appointed  as  commissioners  for  the  purpose,  of  the  one  part, 
43200  and  the  undersigned  chiefs  and  warriors  of  the  Tabeguache  band 

43207  of  Utah  Indians,  of  the  other  part,  have  made  and  entered  into 

43208  the  following  treaty,  which,  when  ratified  by  the  President  of 

43209  the  United  States,  by  and  with  the  advice  and  consent  of  the 

43270  Senate,  shall  be  binding  on  both  parties,  to  wit : 

43271  ARTICLE  1.  It  is  admitted  by  the  Tabeguache  band  of  Utah 

43272  Indians  that  they  reside  within  the  territorial  limits  of  the  United 

43273  States,  acknowledging  their  supremacy,  and  claim  their  protec- 

43274  tion.     The  said  band  also  admits  the  right  of  the  United  States 

43275  to  regulate  all  trade  and  intercourse  with  them. 

43270  ARTICLE  2.  Said  Tabeguache  baud  of  Utah  Indians  hereby 

43277  cede,  convey,  and  relinquish  all  of  their  claims,  right,  title,  and 

43278  interest  in  and  to  any  and  all  lands  within  the  territory  of  the 

43279  United  States,  wherever  situated,  excepting  that  which  is  in- 

43280  eluded  within  the  following  boundaries,  which  are  hereby  re- 

43281  served  as  their  hunting-grounds,  viz : 

43282  Beginning  at  the  mouth  of  the  Uncoinpabgre  Eiver,  thence 

43283  down  G  unnison  Eiver  to  its  confluence  with  the  Btinkara  Eiver, 

43284  thence  up  the  Bunkara  Eiver  to  the  Roaring  Fork  of  the  same, 

43285  thence  up  the  Eoariug  Fork  to  its  source,  thence  along  the  sum- 
43280  mit  of  the  range  dividing  the  waters  of  the  Arkansas  from  those 

43287  of  the  Gunnisou  Eiver  to  its  intersection  with  the  range  dividing 

43288  the  waters  of  the  San  Luis  Valley  from  those  of  the  Gunnisou's 

43289  Fork  of  the  Great  Colorado  River,  thence  along  the  summit  of 

43290  said  range  to  the  source  of  the  Uucompahgre  Eiver,  thence  from 

43291  said  source  and  down  the  main  channel  of  said  Uiicompahgre 

43292  Eiver  to  its  mouth,  the  place  of  beginning.    Nothing  contained  in 

43293  this  treaty  shall  be  construed  or  taken  to  admit  on  the  part  of  the 

43294  United  States  any  other  or  arcater  title  or  interest  in  the  lands  above 

43295  executed  and  reserved  in  said  tribe  or  band  of  Indians  than  existed 


972 

43296  in  them  upon  the  acquisition  of  said  Territory  from  Mexico  by  the 

43297  laws  thereof. 

43298  ARTICLE  3.  And  it  is  further  agreed  that  the  United  States 

43299  shall  have  the  right  to  establish  one  or  more  military  posts,  with 

43300  their  needful  reservations,  upon  the  lands  and  hunting-grounds 

43301  not  ceded  by  the  Tabeguache  band  in  this  treaty ;  also  the  right 

43302  to   locate,  construct,  and   maintain  railroads  and   other  roads 

43303  and  highways,  through  the  same,  and  along  the  routes  of  United 

43304  States  mail-lines,  at  suitable  points,  to  establish  and  maintain 

43305  stations. 

43306  Any  citizen  of  the  United  States  may  mint4,  without  iuter- 

43307  ference  or  molestation,  in  any  part  of  the  country  hereby  re- 

43308  served  to  said  Indians  where  gold  or  other  metals  or  minerals 

43309  may  be  found. 

43310  ARTICLE  4.  And  the  said  Tabeguache  band  hereby  gives 

43311  its  consent  that  the  Mohuache  band  of  Utah  Indians  may  also 

43312  be  settled  with  them  upon  the  lands  and  hunting-grounds  re- 

43313  served  in  this  treaty. 

43314  ARTICLE  5.  And  the  said  Tabeguache  band  further  agrees 

43315  to  give  safe-conduct  to  all  persons  who  may  be  legally  authorized 

43316  by  the  United  States  to  pass  through  their  reservation,  and  to 

43317  protect,  in  their  persons  and  property,  all  agents  or  other  per- 

43318  sons  sent  by  the   United  States  to  reside   temporarily  among 

43319  them. 

43320  ARTICLE  6.  That  the  friendship  which  is  now  established 

43321  between  the  United  States  and  the  Tabeguache  band  of  Utah 

43322  Indians  should  not  be  interrupted  by  the  misconduct  of  indivi- 

43323  duals,  it  is  hereby  agreed  that  for  injuries   done   no   private 

43324  revenge  or  retaliation  shall   take  place,  but,  instead  thereof, 

43325  complaint  shall  be  made  by  the  party  injured  to  the  superin- 

43326  tendeut  or  agent  of  Indian  affairs,  or  other  person  appointed  by 

43327  the  President.     And  it  shall  be  the  duty  of  the  chiefs  of  said 

43328  Tabegnache  band,  upon  complaint  being  made  as  aforesaid,  to 

43329  deliver  up  the  person  or  persons  against  whom  the  complaint  is 

43330  made,  to  the  end  that  he  or  they  may  be  punished  agreeably  to 

43331  the  laws  of  the  United  States.     And  in  like  manner,  if  any  rob- 

43332  bery,  violence,  or  murder  shall  be  committed  on  any  Indian  or 

43333  Indians  belonging  to  sakl  band,  the  person  or  persons  so  offend  - 

43334  iug  shall  be  tried,  and,  if  found  guilty,  shall  be  punished  in  like 

43335  manner  as  if  the  injury  had  been  done  to  a  white  man.     And  it 

43336  is  agreed  that  the  chiefs  of  said  Tabeguache  band  shall,  to  the 

43337  utmost  of  their  power,  exert  themselves  to  recover  horses  or 

43338  other  property  which  may  be  stolen  or  taken  from  any  citizen 

43339  or  citizens  or  white  residents  of  the  United  States  by  any  in- 

43340  dividual  or  individuals  of  said  band;  and  the  property  so  recov- 

43341  ered  shall  be  forthwith  delivered  to  the  agents  or  other  persons 


973 


43342 

43343 

43341 

43345 

43346 

43347 

43348 

43349 

43350 

43351 

43352 

43353 

43354 

43355 

43356 

43357 

43358 

43359 

43360 

43361 

43362 

43363 

43364 

43365 

43366 

43367 

43368 

43369 

43370 

43371 

43372 

43373 

43374 

43375 

43376 

43377 

43378 

43379 

43380 

43381 

43382 

43383 

43384 

43385 

43386 

43387 


to  any  Indian  or  Indians  of  said  band  a  full  indem    . 
flcation  for  any  horses  or  other  property  which  may  bo,  stolen 
from   hem  by  any  of  their  citizens  or  white  residents  :  ProS 
That  the  property  so  stolen  cannot  be  recovered,  and  that  sum' 
clent  proof  is  produced  that  it  was  actually  stolen  by  a  citizen' 
or  white  resident  of  the  United  States.    And  the  said  Tabe- 
guache  band  engages,  on  the  requisition  or  demand  of  the  Pres 
ident  of  the  United    States,  or  of  the  agents,  to  deliver  up  any 
white  man  resident  among  them. 

ARTICLE  7.  And  the  chiefs  and  warriors  as  aforesaid 
promise  and  engage  their  band  will  never,  by  sale,  exchange,  or 
as  presents,  supply  any  nation  or  tribe  of  Indians  not  in  amity 
with  the  United  States  with  guns,  ammunition,  or  other  imple 
ments  of  war. 

ARTICLE  8.  For  the  period  of  ten  years  the  said  band  shall 
receive  annually,  by  such  distribution  as  the  Secretary  of  the 
Interior  may  direct,  ten  thousand  dollars'  worth  of  goods,  and 
also  ten  thousand  dollars'  worth  of  provisions. 

ARTICLE  9.  For  the  purpose  of  improving  their  breed  of 
horses,  the  band  shall  receive  five  American  stallions  the  first 
year  after  the  ratification  of  this  treaty. 

ARTICLE  10.  That  in  case  the  chiefs  of  said  baud  shall 
announce  to  the  agent  a  willingness  and  determination  on  their 
part,  and  on  the  part  of  their  people,  to  begin  and  follow  agricul 
tural  or  pastoral  pursuits  by  farming  or  raising  stock,  and  grow 
ing  wool  upon  such  lands  to  be  selected  and  set  apart  within 
said  reservation,  and  according  to  such  regulations  as  the  Secre 
tary  of  the  Interior  may  prescribe,  they  shall  receive  the  follow 
ing  donations  of  stock  to  aid  them  in  their  endeavor  to  gain  a 
livelihood  by  such  new  pursuits,  viz: 

Of  cattle,  not  exceeding  one  hundred  and  fifty  head  an 
nually  during  five  years,  beginning  with  the  ratification  of  this 
treaty. 

Of  slieep,  not  exceeding  one  thousand  head  annually  during 
the  first  two  years  after  the  ratification  of  this  treaty,  and  five 
hundred  head  annually  during  the  three  years  thereafter. 

The  Secretary  of  the  Interior  may  also  direct  that  their 
share  of  annuity  goods  and  provisions  shall  be  of  a  character 
suited  to  such  change  of  life:  Provided,  hoiccve);  That  such 
stock  shall  only  be  donated  as  long  as  such  chiefs  shall,  in  good 


974 

43383  faith,  keep  aiid  use  the  same  for  the  purpose  indicated  in  this 

43380  article,  and  provided  tliat  tbe  amount  expended  under  this  arti- 

43300  cle  shall  not  exceed  ten  thousand  dollars  annually. 

43301  All  the  Indians  of  said  band  who  may  adopt  and  conform 

43302  to  the  provisions  of  this  article  shall  be  protected  in  the  quiet 

43303  and  peaceable  possession  of  their  said  lauds  and  property. 

43304  The  Government  also  agrees  to  establish  and  maintain  a 

43305  blacksmith-shop,  and  employ  a  competent  blacksmith  for  the 
4330G  purpose  of  repairing  the  guns   and    agricultural  implements 

43307  which  may  be  used  by  said  band  of  Indians. 

43308  Proclaimed  December  14,  1804. 

.13300  UMPQUAS— COW  CREEK  BASU. 

43400  FRANKLIN  PIERCE,    President  of  the    United   States    of 

43401  America,  to  all  and  singular  to  whom  these  presents  shall  come 

43402  greeting: 

43403  Whereas  a  treaty  was  made  and   concluded  on  the   nine- 

43404  teenth  day  of  September,  eighteen  hundred  and  fifty-three,  on 

43405  Crow  Creek,  Unipqua  Valley,  in  the  Territory  of  Oregon,  by  and 
43400  between  Joel  Palmer,  superintendent  of  Indian  affairs,  on  the 

43407  part  of  the  United   States,    and   Quin-ti-oo  san,  or   Big-head, 

43408  principal  chief,  and  My-n-e-letta,  or  Jackson,,  and  Tom,  son  of 
43400  Quin-ti-oo-sau,  subordinate  chiefs,  on  the  part  of  the  Cow  Creek 

43410  band  of  Unipqua  tribe  of  Indians,  thereto  duly  authorized  by 

43411  said  tribe,  which  treaty  is  in  the  words  and  figures  following,  to 

43412  wit: 

43413  Stipulations  of  a  treaty  made  and  entered  into  on  Cow  Creek, 

43414  Urnpqua  Valley,  in  the  Territory  of  Oregon,  this  10th  day 

43415  of  September,  A.  D.  1853,  by  and   between  Joel  Palmer, 
43410  superintendent  of  Indian  affairs,  on  the  part  of  the  United 
43417  States,  and  Quin-ti-oo-san,  or  Bighcad,  principal  chief,  and 
43448           My-n-c-letta,  or  Jackson,  and  Tom,  son  of  Quin-ti-oo-sau, 
43410  subordinate  chiefs,  on  the  part  of  the  Cow  Creek  band  of 

43420  Umpqua  tribe  of  Indians. 

43421  ARTICLE  1.  The  Cow  Creek  band  of  Indians  do  hereby 
cede  and  relinquish,  for  the  consideration  hereinafter  specified, 

.23  to  the  United  States,  all  their  right,  title,  interest,  and  claim  to 

13424  all  the  lands  lying  in  that  part  of  the  Territory  of  Oregon 

1:5425  bounded  by  lines  designated  as  follows,  to  wit: 

Commencing   on    the   north    bank    of  the  south   fork   of 

127  Umpqua  lliver,  at  the  termination  of  the  high-lauds  dividing  the 

waters  of  Myrtle  Creek  from  those  of  Day's  Creek;   thence 

miming  easterly  along  the  summit  of  said  range  to  the  head- 

43430  waters  of  Day's  Creek;  thence  southerly,  crossing  the  Umpqua 


975 

43431  Elver  to  the  headwaters  of  Cow  Creek;  thence  to  the  dividing 

43432  ridge  between  Cow  Creek  and  Grave  Creek  ;  thence  southwest- 

43433  erly  along  the  said  divide  to  its  junction  with  the  ridge  dividing 

43434  the  waters  of  Cow  Creek  from  those  of  Eogue  Eiver ;  thence 

43435  westerly  and  northerly  around  on  said  ridge  to  its  connection 

43436  with  the  spur  terminating  opposite  the  mouth  of  Myrtle  Creek  ; 

43437  thence  along  said  spur  to  a  point  on  the  same  northwest  of  the 

43438  eastern  line  of  Isaac  Baily's  land-claim ;  thence  southeast  to 

43439  Umpqua  Eiver ;  thence  up  said  river  to  place  of  beginning. 

43440  ARTICLE  2.  It  is  agreed  on  the  part  of  the  United  States 

43441  that  the  aforesaid  tribe  shall  be  allowed  to  occupy,  temporarily, 

43442  that  portion  of  the  above-described  tract  of  territory  bounded 

43443  as  follows,  to  wit :  Commencing  on  the  south  side  of  Cow  Creek, 

43444  at  the  mouth  of  Council  Creek,  opposite  Win.  IT.  Eiddle's  land- 

43445  claim,  thence  up  said  creek  to  the  summit  of  Canon  Mountain, 

43446  thence  westerly  along  said  summit  two  miles,  thence  northerly 

43447  to  Cow  Creek,  at  a  point  on  the  same  one  mile  above  the  falls  ; 

43448  thence  down  said  creek  to  place  of  beginning.    It  being  under- 

43449  stood  that  this  last-described  tract  of  land  shall  be  deemed  and  con- 

43450  sidered  an  Indian  reserve  until  a  suitable  selection  shall  be 

43451  made  by  the  direction  of  the  President  of  the  United  States  for 

43452  their  permanent  residence,  and  buildings  erected  thereon  and 

43453  other  improvements   made  of  equal  value  of  those  upon  the 

43454  above  reserve  at  the  time  of  removal. 

43455  ARTICLE  3.  For  and  in  consideration  of  the  cession  and  re- 

43456  linquishment  contained  in  article  first,  the  United  States  agree 

43457  to  pay  to  the  aforesaid  band  of  Indians  the  sum  of  twelve  thou- 

43458  sand  dollars,  in  manner  to  wit:  one  thousand  dollars  to  be  ex- 

43459  pended  in  the  purchase  of  twenty  blankets,  eighteen  pairs  pants, 

43460  eighteen  pairs  shoes,  eighteen  hickory  shirts,  eighteen  hats  or 

43461  caps,  three-coats,  three  vests,  three  pairs  socks,  three  neckhand- 

43462  kerchiefs,  forty  cotton  flags,  one  hundred  and  twenty  yards 

43463  prints,  one  hundred  yards  domestic,  one  gross  buttons,  two  Ibs. 

43464  thread,  ten  papers  needles,  and  such  other  goods  and  provisions 

43465  as  may  be  deemed  by  the  superintendent  or  agent  most  condu- 

43466  cive  to  the  comfort  and  necessities  of  said  Indians,  on  or  before 

43467  the  first  day  of  October,  A.  D.  1854.    The  remaining  eleven 

43468  thousand  dollars  to  be  paid  in  twenty  equal  annual  instalments 

43469  of  five  hundred  and  fifty  dollars  each,  commencing  on  or  about 

43470  the  first  day  of  October,  1854,  in  blankets,  clothing,  provisions, 

43471  stock,  farming-implements,  or  such  other  articles  and  in  such 

43472  manner  as  the  President  of  the  United  States  may  deem  best 

43473  for  the  interests  of  said  tribe. 

43474  ARTICLE  4.  In  addition  to  the  aforesaid  twelve  thousand 

43475  dollars  there  shall  be  erected  for  the  use  of  said  tribe,  at  the 

43476  expense  of  the  United  States,  two  dwelling-houses,  the  cost  of 


976 

43477  which  shall  not  exceed  two  hundred  dollars  each,  and  a  field  of 

43478  five  acres  fenced  and  ploughed,  and  suitable  seed  furnished  for 
43470    planting  the  same. 

43480  ARTICLE  5.  The  said  band  of  Indians  agree  to  give  safe 

43481  conduct  to  all  persons  passing  through  their  reserve,  and  to  pro- 

43482  tect  in  their  person  and  property  all  agents  or  other  persons  sent 

43483  by  authority  of  the  United  States  to  reside  among  them. 

43484  ARTICLE  G.    That  the  friendship  which  is  now  established 

43485  between  the  United  States  and  the  Cow  Creek  band  of  Indians 

43486  shall  not  be  interrupted  by  the  misconduct  of  individuals,  it  is 

43487  hereby  agreed  that,  for  injuries  done,  no  private  revenge  or  re- 

43488  taliatiou  shall  take  place ;  but  instead  thereof  complaint  shall  be 

43489  made  by  the  party  injured  to  the  Indian  agent;  and  it  shall  be 

43490  the  duty  of  the  chiefs  of  said  band  of  Indians,  upon  complaint 

43491  being  made  as  aforesaid,  to  deliver  up  the  person  against  whom 

43492  the  complaint  is  made,  to  the  end  that  he  may  be  punished  agree- 

43493  ably  to  the  laws  of  the  United  States ;  and  in  like  manner  if  any 

43494  violation,  robbery,  or  murder  shall  be  committed  on  any  Indian 

43495  belonging  to  said  band,  the  person  so  offending  shall  be  tried, 
4349G  and,  if  found  guilty,  shall  be  punished  according  to  the  laws  of 

43497  the  United  States.    And  it  is  further  agreed  that  the  chiefs 

43498  shall,  to  the  utmost  of  their  ability,  exert  themselves  to  recover 

43499  horses  or  other  property  which  has  or  may  hereafter  be  stolen 

43500  from  any  citizen  of  the  United  States  by  any  individual  of  said 

43501  tribe,  and  deliver  the  same  to  the  agent  or  other  person  author- 

43502  ized  to  receive  it;  and  the  United  States  hereby  guarantee  to 

43503  any  Indian  or  Indians  of  said  bund  a  full  indemnification  for  any 

43504  horses  or  other  property  which  may  be  stolen  or  taken  from 

43505  them  by  any  citizen  of  the  United  States,  provided  the  property 
43500  stolen  cannot  be  recovered,  and  that  suilicieut  proof  is  produced 

43507  that  it  was  actually  stolen  or  taken  by  a  citizen  of  the  U.  S. 

43508  And  the  chiefs  further  agree  that  upon  the  requisition  of  the 
t3509  President  of  the  U.  S.,  superintendent  of  Indian  affairs,  or  In- 
i3510  diau  agent,  to  deliver  up  any  person  resident  among  them. 

ARTICLE  7.   It  is  agreed  between  the  United  States  and 
the  Cow  Creek  band  of  the   Umpqua  tribe  of  Indians  that, 
13513    should  it  at  any  time  hereafter  be  considered  by  the  United 
43514    States  as  a  proper  policy  to  establish  farms  among  and  for  the 
benefit  of  said  Indians,  it  shall  be  discretionary  with  the  Pres 
ident,  by  and  with  the  advice  and  consent  of  the  Senate,  to 
517    change  the  annuities  herein  provided  for,  or  any  part  thereof, 
into  a  fund  for  that  purpose. 

ARTICLE  8.  This  treaty   shall   take  effect  and   be  cbliga- 
^ry  on  the  contracting  parties  as  soon  as  the  same  shall  be 
ratified  by  the  President  of  the  United  States,  by  and  with  the 
advice  and  consent  of  the  Senate. 
Proclaimed  February  5, 1855. 


977 


48524 

43525 
4352G 
43527 

43528 

43520 

43530 

43531 

43532 

43533 

43534 

43535 

4353G 

43537 

43538 

43539 

43540 

43541 

43542 

43543 

43544 

43545 

43546 

43547 

43548 

43549 

43550 

43551 

43552 

43553 

43554 

43555 

43556 

43557 

43558 

43559 

43560 

435G1 

435G2 

43563 

435G4 

435G5 

435GG 

43567 


UMPQUAS  AND  CALAPOOIAS. 

FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 
to  all  and   singular  to  whom  these  presents  shall  come, 


greeting : 


Whereas  a  treaty  was  made  and  concluded  at  Calapooia  Creek , 
Douglas  County,  Oregon  Territory,  on  the  twenty -ninth  day  of 
November,  one  thousand  eight  hundred  and  fifty-four,  by  Joel 
Palmer,  superintendent  of  Indian  affairs,  on  the  part  of  the 
United  States,  and  the  following-named  chiefs  and  heads  of 
confederated  bands  of  the  Umpqua  tribe  of  Indians  and  of  the 
Calapooias  residing  in  Umpqua  Valley,  to  wit:  Napesa,  or  Louis, 
head  chief;  Peter,  or  Injice ;  Tas-yah,  or  General  Jackson ; 
Bogus;  Nessick;  Et-na-ma,  or  William;  Cheen-len-ten,  or  George; 
Nas-yah,  or  John;  Absaquil,  or  Chenook ;  Jo,  and  Tom;  they 
being  assembled  in  council  with  their  respective  bands,  which 
treaty  is  in  the  words  following,  to  wit : 

Articles  of  agreement  and  convention  made  and  concluded  at 
Calapooia  Creek,  Douglas  County,  Oregon  Territory,  this 
twenty-ninth  day  of  November,  one  thousand  eight  hundred 
and  fifty-four,  by  Joel  Palmer,  superintendent  of  Indian 
affairs,  on  the  part  of  the  United  States,  and  the  following- 
named  chiefs  and  heads  of  the  confederated  bands  of  the 
Umpqua  tribe  of  Indians,  and  of  the  Calapooias  residing  in 
Umpqua  Valley,  to  wit:  Napesa,  or  Louis,  head  chief;  Peter, 
or  Injice;  Tas-yah,  or  General  Jackson;  Bogus;  Nessick; 
Et-ua-ma,  or  William;  Cheen-leu-ten,  or  George;  Nas-yah, 
or  John;  Absaquil,  or  Cheuook;  Jo,  and  Tom ;  they  being 
assembled  in  council,  with  their  respective  bands. 
ARTICLE  1.  The  confederated  bands  of  Umpqua  and  Cala 
pooia  Indians  cede  to  the  United  States  all  their  country  included 
within  the  following  limits,  to  wit:  Commencing  at  the  northwest 
corner  of  the  country  purchased  of  the  Galeese  Creek  and  Illinois 
Kiver  Indians  on  the  18th  day  of  November,  1854,  and  running 
thence  east  to  the  boundary  of  the  Cow  Creek  purchase ;  thence 
northerly  along  said  boundary  to  its  northeastern  extremity  ; 
thence  east  to  the  main  ridge  of  the  Cascade  Mountains ;  thence 
northerly  to  the  main  falls  of  the  North  Umpqua  River;  thence 
to  Scott's  Peak,  bearing  easterly  from  the  head-waters  of  Cala 
pooia  Creek ;  thence  northerly  to  the  connection  of  the  Calapooia 
Mountains  with  the  Cascade   range  ;  thence  westerly  along  the 
summit  of  the  Calapooia  Mountains  to  a  point  whence  a  due 
south  line  would  cross  Umpqua  River  at  the  head  of  tide-water ; 
thence  on  that  line  to  the  dividing  ridge  between  the  waters  of 
Umpqua  and  Coose  Rivers;  thence  along  that  ridge,  and  the 
*  123  I  T 


978 

435G8  divide  between  Coquille  and  Umpqua  Rivers,  to  the  western 

435GO  boundary  of  the  country  purchased  of  the  Galeese  Creek  Indians, 

43570  or  of  the  Cow  Creek  Indians,  as  the  case  may  be,  and  thence  to 

43571  the  place  of  beginning  :  Provided,  however,  That  so  much  of  the 

43572  lands  as  are  embraced  within  the  following  limits  shall  be  held 

43573  by  said  confederated  bands,  and  such  other  bands  as  may  be 

43574  designated  to  reside  thereupon,  as  an  Indian  reservation,  to 

43575  wit :  Commencing  at  a  point  three  miles  due  south  of  the  mouth 
4357G  of  a  small  creek  emptying  into  the  Umpqua  River,  near  the 

43577  western  boundary  of  John  ChurchelPs  land-claim,  at  the  lower 

43578  end  of  Cole's  Valley ;  thence  north  to  the  middle  of  the  channel 
43570    of  Umpqua  River ;  thence  up  said  river  to  a  point  due  south  of 

43580  the  highest  peak  of  the  ridge,  immediately  west  of  Allan  Hub' 

43581  bard's  land-claim ;  thence  to  said  peak ;  thence  along  the  summit 

43582  of  the  ridge  dividing  the  waters  to  its  termination  at  or  near 

43583  the  mouth  of  Little  Canyon  Creek ;  thence,  crossing  the  Umpqua 

43584  River  in  a  westerly  direction,  to  the  high-lands  opposite  the 

43585  mouth  of  said  creek;  thence  following  the  divide  until  it  reaches 

43586  a  point  whence  a  line  drawn  to  the  place  of  beginning  will  run 

43587  three  miles  south  of  the  extreme  southern  bend  in  the  Umpqua 
435S8  River  between  these  two  points;  and  thence  to  the  place  of 
43580  beginning.    And  should  the  President  at  any  time  believe  it 

43500  demanded  by  the  public  good  and  promotive  of  the  best  interests 

43501  of  said  Indians  to  be  located  elsewhere,  the  said  Indians  agree 

43502  peaceably,  and  without  additional  expense  to  the  Government 

43503  of  the  United  States,  to  remove  to  such  reserve  as  may  be 

43504  selected;  provided  that  a  delegation  of  three  or  more  of  the 

43505  principal  men  of  said  bands  selected  by  them  shall  concur  with 
4350G  the  authorized  agent  or  agents  of  the  United  States  in  the  selec- 

t3507    tion  of  said  new  reserve.    And  when  said  removal  shall  take 
place,  the  particular  tracts  then  occupied  by  said  Indians,  on  the 
13599    reserve  herein  described,  according  to  the  provisions  of  this 
GOO    treaty,  and  those  occupied  by  Indians  of  other  bands  that  may 
*01    be  located  thereon,  shall  be  sold  by  order  of  the  President  of  the 
United  States,  and  the  proceeds  of  such  sales  expended  in  per- 
G03    manent  improvements  on  the  new  reserve,  for  the  use  and  bene 
fit  of  the  holders  of  said  tracts  respectively. 

ARTICLE  2.   The  confederated  bands  agree  that  as  soon 

'ter  the  United  States  shall  make  the  necessary  provision  for 

43607    fulfilling  the  stipulations  of  this  treaty  as  they  conveniently  can, 

and  not  to  exceed  one  year  after  such  provision  is  made,  they 

Avill  vacate  the  ceded  territory  and  remove  to  the  lands  herein 

reserved  for  them. 

ARTICLE  3.  In  consideration  of  and  payment  for  the  coun 
try  herein  ceded,  the  United  States  agree  to  pay  the  said  con- 
lerated  bands  the  several  sums  of  money  following,  to  wit: 


979 

43614  First,  three  thousand  dollars  per  annum  for  the  term  of  five 

43615  years,  commencing  on  the  first  day  of  September,  1855.     Second, 

43616  two  thousand  three  hundred  dollars  per  annum  for  the  term  of 

43617  five  years  next  succeeding  the  first  five.    Third,  one  thousand 

43618  seven  hundred  dollars  per  annum  for  the  term  of  five  years  next 

43619  succeeding  the  second  five  years.    Fourth,  one  thousand  dollars 

43620  per  annum  for  the  term  of  five  years  next  succeeding  the  third  five 

43621  years.     All  of  which  several  sums  of  money  shall  be  expended  for 

43622  the  use  and  benefit  of  the  confederated  bands,  under  the  direc- 

43623  tion  of  the  President  of  the  United  States,  who  may  from  time 

43624  to  time,  at  his  discretion,  determine  what  proportion  shall  be 

43625  expended  for  such  beneficial  objects  as  in  his  judgment  will  be 

43626  calculated  to  advance  them  in  civilization;  for  their  moral  itn- 

43627  provemeut  and  education ;  for  buildings,  opening  farms,  fenc- 

43628  ing,  breaking  land,  providing  stock,  agricultural  implements, 

43629  seeds,  &c.;  for  clothing,  provisions,  and  merchandise;  for  iron, 

43630  steel,  arms,  and  ammunition  ;  for  mechanics  and  tools,  and  for 

43631  medical  purposes. 

43632  ARTICLE  4.  In  order  to  enable  the  said  Indians  to  remove 

43633  to  their  new  home,  and  subsist  themselves  for  one  year  there- 

43634  after,  (and  which  they  agree  to  do  without  further  expense  to 

43635  the  United  States,)  and  to  provide  for  the  breaking  up  and 

43636  fencing  of  fifty  acres  of  laud,  and  the  erection  of  buildings  on 

43637  the  reserve,  the  purchase  of  teams,  farming-utensils,  tools,  &c., 

43638  and  for  other  purposes  necessary  to  their  comfort  and  subsist- 

43639  ence,  they  shall  receive  from  the  United  States  the  further  sum 

43640  of  ten  thousand  dollars,  to  be  paid  out  and  expended  under  the 

43641  direction  of  the   President,  and   in  such  manner  as  he  shall 

43642  approve. 

43643  ARTICLE  5.  The  President  may  from  time  to  time,  at  his 

43644  discretion,  cause  the  whole  or  such  portion  of  the  land  hereby 

43645  reserved  as  he  may  think  proper,  or  of  such  other  land  as  may 

43646  be  selected  in  lieu  thereof,  as  provided  for  in  the  first  article,  to 

43647  be  surveyed  into  lots,  and  assigned  to  such  Indian  or  Indians  of 

43648  said  confederated  bands  as  are  willing  to  avail  themselves  of 

43649  the  privilege,  and  who  will  locate  thereon  as  a  permanent  home, 

43650  if  a  single  person  over  twenty-one  years  of  age,  twenty  acres; 

43651  to  each  family  of  two  persons,  forty  acres ;  to  each  family  of 

43652  three  and  not  exceeding  five  persons,  sixty  acres ;  to  each  family 

43653  of  six  and  not  exceeding  ten  persons,  eighty  acres  ;  and  to  each 

43654  family  over  ten  in  number,  forty  acres  for  each  additional  five 

43655  members.     And  the  President  may  provide  such  rules  and  regu- 

43656  lations  as  will  secure  to  the  family,  in  case  of  the  death  of  the 

43657  head  thereof,  the  possession  and  enjoyment  of  such  permanent 

43658  home  and  the  improvements  thereon  ;  and  he  may  at  any  time, 

43659  at  his  discretion,  after  such  person  or  family  has  made  location 


980 

43000  on  the  land  assigned  for  a  permanent  home,  issue  a  patent  to 

43GG1  such  person  or  family  for  such  assigned  land,  conditioned  that 

43602  the  tract  shall  not  be  aliened  or  leased  for  a  longer  term  than 

43063  two  years,  and  shall  be  exempt  from  levy,  sale,  or  forfeiture, 

43064  which  conditions  shall  continue  in  force  until  a  State  constitu- 
43605  tion,  embracing  such  land  within  its  boundaries,  shall  have  been 
43660  formed,  and  the  legislature  of  the  State  shall  remove  the  restric- 
43667  tious.    And  if  any  such  family  shall  at  any  time  neglect  or  re- 

43008  fuse  to  occupy  or  till  a  portion  of  the  land  assigned,  and  on 

43009  which  they  have  located,  or  shall  rove  from  place  to  place,  the 

43070  President  may,  if  the  patent  shall  have  been  issued,  revoke  the 

43071  same,  or,  if  not  issued,  cancel  the  assignment,  and  niry  also 

43072  withhold  from  such  person  or  family  their  proportion  of  the  an- 

43073  unities  or  other  moneys  due  them  until  they  shall  have  returned 

43074  to  such  permanent  home,  and  resume  the  persuits  of  industry  ; 

43075  and  in  default  of  their  return,  the  tract  may  be  declared  aban- 
43070  doned  and  thereafter  assigned  to  some  other  person  or  family 

43077  of  the  Indians  residing  on  the  reserve.      No  State  legislature 

43078  shall  remove  the  restrictions  herein  provided  for,  without  the 
43070    consent  of  Congress. 

43080  ARTICLE  0.  The  United  States  agree  to  erect  for  said  In. 

43081  dians  a  good  blacksmith-shop,  furnish  it  with  tools,  and  keep  it 

43082  in  repair  for  ten  years,  and  provide  a  competent  blacksmith  for 

43083  the  same  period ;   to  erect  suitable  buildings  for  a  hospital, 

43084  supply  medicines,  and  provide  an  experienced  physician  for  fifteen 

43085  years;  to  provide  a  competent  farmer  to  instruct  the  Indians  in 
43080  agriculture  for  ten  years  5  and  to  erect  a  school-house,  and  pro- 
43087  vide  books,  stationery,  and   a  properly  qualified  teacher  for 
43688  twenty  years. 

43089  ARTICLE  7.  The  annuities  of  the  Indians  shall  not  be  taken 

43090  to  pay  the  debts  of  individuals. 

43091  ARTICLE  8.  The  said  confederated  bands  acknowledge  their 
43592    dependence  on  the  Government  of  the  United  States,  and  promise 

43093  to  be  friendly  with  all  the  citizens  thereof,  and  pledge  themselves 

43094  to  commit  no  depredations  on  the  property  of  such  citizens. 

43095  And  should  any  one  or  more  of  the  Indians  violate  this  pledge, 
43090  and  the  fact  be  satisfactorily  proven  before  the  agent,  the  prop- 
43097  city  taken  shall  be  returned,  or  in  default  thereof,  or  if  injured 

or  destroyed,  compensation  may  be  made  by  the  Government 

out  of  their  annuities.    Nor  will  they  make  war  on  any  other  tribe, 

13700    except  in  self-defence,  but  will  submit  all  matters  of  difference 

between  them  and   other  Indians  to  the  Government  of  the 

United  States  or  its  agent  for  decision,  and  abide  thereby.     And 

if  any  of  the  said  Indians  commit  any  depredations  on  any  other 

ians,  the  same  rule  shall  prevail  as  that  prescribed 'in  this 

article  in  case  of  any  depredations  against  citizens.     Said  In- 


981 

43706  dians  further  engage  to  submit  to  and  observe  all  laws,  rules, 

43707  and  regulations  which  may  be  prescribed  by  the  United  States 

43708  for  the  government  of  said  Indians. 

43709  ARTICLE  9.  It  is  hereby  provided,  in  order  to  prevent  the 

43710  evils  of  intemperance  among  said  Indians,  that  any  one  of  them 

43711  who  shall  be  guilty  of  bringing  liquor  into  their  reserve,  or  shall 

43712  drink  liquor,  may*  have'  his  or  her  proportion   of  the  annuities 

43713  withheld  from  him  on  her  for  such  time  as  the  President  may 

43714  determine. 

43715  ARTICLE  10.  The  said  confederate  bands  agree  that  all  the 
4371(3  necessary  roads,  highways,  and  railroads  which  may  be  con- 

43717  structedjas  the  country  improves,  the  lines  of  which  may  run 

43718  through  the  reservation  of  said  Indians,  shall  have  the  right  of 

43719  way  therein,  a  just  compensation  being  made  therefor. 

43720  ARTICLE  11.  The  merchandise  distributed  to  the  members 

43721  of  the  said  confederate  bands  at  the  negotiation  of  this  treaty 

43722  shall  be  considered  as  in  part  payment  of  the  annuities  herein 

43723  provided 

43724  ARTICLE  12.   This  treaty  shall  be  obligatory  on  the  con- 

43725  tracting  parties  as  soon  as  the  same  shall  be  ratified  by  the 
4372G  President  and  Senate  of  the  United  States. 

43727  Proclaimed  March  30,  1855. 


43728  UTES. 

43729  Treaty  between  the  United  States  of  America  and  the  Tabcguache, 

43730  Muachc,  Capote,  Weeminuche,  Tampa,  Grand  River,  and  Uin- 

43731  tali  lands  of  Utc  Indians,  concluded  March  2,  1868;  ratijica- 

43732  tion  advised,  with  amendment,  July  25,  1868;  amendment  ac- 

43733  ccpted  A  itgust  15,  September  1, 14,  24,  and  25, 1868. 

43734  ANDREW  Joiixsox,  President  of  the  United  States  of  America, 

43735  to  all  and  singular  to  whom  these  presents  shall  com<?,  greet- 

43736  ing: 

43737  "Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

43738  Washington,  in  the  District  of  Columbia,  on  the  second  day  of 

43739  March,  in  the  year  of  our  Lord  one  thousand  eight  hundred 

43740  and  sixty-eight",  by  and  between  Nathaniel  G.  Taylor,  Alexan- 

43741  der  C.  Hunt,  and  Kit  Carson,  commissioners  on  the  part  of  the 

43742  United  States,  and  U-re,  Ka-ni-ache,  Au-ka-tosh,  Jose-Maria, 

43743  Ni-ca-a-gat,  Guero,  Pa  ant,  Pi-ah,  Su-vi-ap,  and  Pa-bu-sat,  rep- 

43744  resentatives  of  the  Tabeguache,  Muache,  Capote,  Weeminuche, 

43745  Yampa,  Grand  Kiver,  and  Uintah  bands  of  Ute  Indians,  on  the 


982 

43740  part  of  said  Indians,  and   duly  authorized  thereto  by  them, 

43747  which  treaty  is  in  the  words  and  figures  following,  to  wit: 

43748  Articles  of  a  treaty  and  agreement  made  and  entered  into  at 
43740  Washington  City,  D.  C.,  on  the  second  day  of  March,  one 

43750  thousand  eight  hundred  and  sixty-eight,  by  and  between 

43751  Xathaniel  G.  Taylor,  Commissioner  of  Indian  Affairs,  Alex. 

43752  ander  C.  Hunt,  governor  of  Colorado  Territory  and  ex-offi. 

43753  cio  superintendent  of  Indian  affairs,  and  Kit  Carson,  duly 

43754  authorized'  to  represent  the  United  States,  of  the  one  part. 

43755  and   the  representatives  of  the  Taba^uache,  Muache,  Ca. 
43750  pote,  Weemiuuche,  Yampa,  Grand  Eiver,  and  Uintah  bands 

43757  of  Ute  Indians,  (whose  names  are  hereto  subscribed,)  duly 

43758  authorized  and  empowered  to  act  for  the  body  of  the  people 
43750  of  said  bauds,  of  the  other  part,  witness : 

43700  ARTICLE  1.  All  the  provisions  of  the  treaty  concluded  with 

43701  the  Tabc^uache  band  of  Utah   Indians  October  seventh,  one 

43702  thousand  eight  hundred  and  sixty- three,  as  amended  by  the 

43703  Senate  of  the  United   States  and   proclaimed  December  four- 

43704  teenth,  one  thousand  eight  hundred  and  sixty-four,  wrhich  are 

43705  not  inconsistent  with  the  provisions  of  this  treaty  as  hereinafter 
43700  provided,  are  hereby  re-affirmed  and  declared  to  be  applicable 

43707  and  to  continue  in  force  as  well  to  the  other  bands  respectively, 

43708  parties  to  this  treaty,  as  to  the  Tabeguache  band  of  Utah  In- 
43700    dians. 

43770  ARTICLE  2.  The  United  States  agree  that  the  following  dis- 

43771  trict  of  country,  to  wit :  Commencing  at  that  point  on  the  south- 

43772  eru  boundary-line  of  the  Territory  of  Colorado  where  the  meri- 

43773  dian  of  longitude  107°  west  from  Greenwich  crosses  the  same; 

43774  running  thence  north  with  said  meridian  to  a  point  fifteen  miles 

43775  due  north  of  where  said  meridian  intersects  the  fortieth  parallel 
43770  of  north  latitude;   thence  due  west  to  the  western  boundary  - 

43777  line  of  said  Territory;  thence  south  with  said  western  bouud- 

43778  ary-line  of  said  Territory   to  the   southern   boundary-line   of 
43770    said  Territory;   thence  east  with  said  southern  boundary -line 

13780  to  the  place  of  beginning,  shall  be,  and  the  same  is  hereby,  set 

13781  apart  for  the  absolute  and  undisturbed  use  and  occupation  of 
the  Indians  herein  named,  and  for  such  other  friendly  tribes  or 

13783  individual  Indians  as,  from  time  to  time,  they  may  be  willing, 
with  the  consent  of  the  United  States,  to  admit  among  them  ; 
and  the  United  States  now  solemnly  agree  that  no  persons,  ex 
cept  those  herein  authorized  so  to  do,  and  except  such  officers, 

43^87  agents,  and  employes  of  the  Government  as  may  be  authorized 
o  enter  upon  Indian  reservations  in  discharge  of  duties  enjoined 
by  law,  shall  ever  be  permitted  to  pass  over,  settle  upon,  or  re 
side  m  the  Territory  described  in  this  article,  except  as  herein 
otherwise  provided. 


983 

43792  ARTICLE  3.  It  is  further  agreed  by  the  Indians,  parties 

43793  hereto,  that  henceforth  they  will  and  do  hereby  relinquish  all 

43794  claims  and  rights  in  and  to  any  portion  of  the  United  States  or 

43795  Territories,  except  such  as  are  embraced  in  the  limits  defined  in 
4379G  the  preceding  article. 

43797  ARTICLE  4.    The  United    States  agree  to  establish  two 

43798  agencies  on  the  reservation  provided  for  in  article  two,  one  for 

43799  the  Grand  Eiver,  Yampa,  and  Uiutah  bands,  on  White  Kiver, 

43800  and  the  other  for  the  Tabeguache,  Muache,  Weeminuche,  and 

43801  Capote  bands,  on  the  Eio  de  los  Pinos,  on  the  reservation,  and  at 

43802  its  own  proper  expense  to  construct  at  each  of  said  agencies  a 

43803  warehouse,  or  store-room,  for  the  use  of  the  agent  in  storing 

43804  goods  belonging  to  the  Indians,  to  cost  not  exceeding  fifteen 

43805  hundred  dollars ;  an  agency-building  for  the  residence  of  the 
43900  agent,  to  cost  not  exceeding  three  thousand  dollars;  and  foiU' 

43807  other  buildings  for  a  carpenter,  farmer,  blacksmith,  and  iniller- 

43808  each  to  cost  not  exceeding  two  thousand  dollars;  also  a  school, 

43809  house  or  mission-building,  so  soon  as  a  sufficient  number  of 

43810  children  can  be  induced  by  the  agent  to  attend  school,  which 

43811  shall  not  cost  exceeding  five  thousand  dollars. . 

43812  The  United  States  agree  further  to  cause  to  be  erected  on 

43813  said  reservation,  and  near  to  each  agency  herein  authorized, 

43814  respectively,  a  good  water-power  saw-mill,  with  a  grist-mill  and 

43815  a  shingle-machine  attached,  the  same  to  cost  not  exceeding  eight 
4381G  thousand  dollars  each ;  Provided,  The  same  shall  not  be  erected 

43817  until  such  time  as  the  Secretary  of  the  Interior  may  think  it 

43818  necessary  to  the  wants  of  the  Indians. 

43819  ARTICLE  5.  The  United  States  agree  that  the  agents  for 

43820  said  Indians,  in  the  future,  shall  make  their  homes  at  the  agency  - 

43821  buildings;  that  they  shall  reside  among  the  Indians  and  keep 

43822  an  office  open  at  all  times  for  tbe  purpose  of  prompt  and  diligent 

43823  inquiry  into  such  matters  of  complaint  by  and  against  the  In- 

43824  dians  as  may  be  presented  for  investigation  under  the  provis- 

43825  ions  of  their  treaty  stipulations,  as  also  for  the  faithful  discharge 
4382G  of  other  duties  enjoined  on  them  by  law.     In  all  cases  of  depre- 

43827  dation  on  person  or  property  they  shall  cause  the  evidence  to 

43828  be  taken  in  writing  and  forwarded,  together  with  their  finding, 

43829  to  the  Commissioner  of  Indian  Affairs,  whose  decision,  subject 

43830  to  the  revision  of  the  Secretary  of  the  Interior,  shall  be  binding 

43831  on  the  parties  to  this  treaty. 

43832  ARTICLE  G.  If  bad  men  among  the  whites  or  among  other 

43833  people,  subject  to  the  authority  of  the  United  States,  shall  com- 

43834  mit  any  wrong  upon  the  person  or  property  of  the  Indians,  the 

43835  United  States  will,  upon  proof  made  to  the  agent  and  forwarded 
4383G  to  the  Commissioner  of  Indian  Affairs  at  Washington  City,  pro- 
43837  ceed  at  once  to  cause  the  offender  to  be  arrested  and  punished 


984 

43838  according  to  the  laws  of  the  United  States,  and  also  re-iinburse 

43839  the  injured  person  for  the  loss  sustained.    If  bad  men  among  the 

43840  Indians  shall  commit  a  wrong  or  depredation  upon  the  person  or 

43841  property  of  any  one,  white,  black,  or  Indian,  subject  to  the  au- 

43842  thority  of  the  United  States  and  at  peace  therewith,  the  tribes 

43843  herein  named  solemnly  agree  that  they  will,  on  proof  made  to 

43844  their  agent  and  notice  to  him,  deliver  up  the  wrong-doer  to  the 

43845  United  States,  to  be  tried  and  punished  according  to  its  laws, 
43840  and  in  case  they  wilfully  refuse  so  to  do,  the  person  injured  shall 

43847  be  re-inibursed  for  his  loss  from  the  annuities  or  other  moneys 

43848  due  or  to  become  due  to  them  under  this  or  other  treaties  made 
43840    with  the  United  States. 

43850  ARTICLE  7.  If  any  individual  belonging  to  said  tribe  of  In- 

43851  dians  or  legally  incorporated  with  them,  being  the  head  of  a 

43852  family,  shall  desire  to  commence  farming,  he  shall  have  the 

43853  privilege  to  select,  in  the  presence  and  with  the  assistance  of  the 

43854  agent  then  in  charge,  by  metes  and  bonds,  a  tract  of  laud  within 

43855  said  reservation  not  exceeding  one  hundred  and  sixty  acres  in 
4385G  extent,  which  tract,  when  so  selected,  certified,  and  recorded  in 

43857  the  land-book,  as  herein  directed,  shall  cease  to  be  held  in  com- 

43858  mon,  but  the  same  may  be  occupied  and  held  in  exclusive  pos- 

43859  session  of  the  person  selecting  it  and  his  family  so  long  as  he  or 
438GO  they  may  continue  to  cultivate  it.    Any  person  over  eighteen 
438G1  years  of  age.  not  being  the  head  of  a  family  may,  in  like  man- 
438G2  ner,  select  and  cause  to  be  certified  to  him  or  her,  for  purposes 
43863  of  cultivation,  a  quantity  of  land  not  exceeding  eighty  acres  in 
438G4  extent,  and  thereupon  be  entitled  to  the  exclusive  possession  of 
438G5  the  same  as  above  directed. 

438GG  For  each  tract  of  land  so  selected  a  certificate  containing  a 

438G7  description  thereof,  and  the  name  of  the  person  selecting  it, 

43868  with  a  certificate  endorsed  thereon  that  the  same  has  been  re 

43869  corded,  shall  be  delivered  to  the  party  entitled  to  it,  by  the 
13870  agent,  after  the  same  shall  have  been  recorded  by  him  in  a  book 

3871    to  be  kept  in  his  office,  subject  to  inspection,  which  said  book 
43872    shall  be  known  as  the  u  Ute  Land-Book." 

3873  The  President  may  at  any  time  order  a  survey  of  the  reser- 

3874  vation;  and,  when  so  surveyed,  Congress  shall  provide  for  pro- 

3875  tecting  the  rights  of  such  Indian  settlers  in  their  improvements, 

3876  and  may  fix  the  character  of  the  title  held  by  each. 

The  United  States  may  pass  such  laws  on  the  subject  of 
alienation  and  descent  of  property,  and  on  all  subjects  con 
nected  with  the  government  of  the  Indians  on  said  reservation 
and  the  internal  police  thereof,  as  may  be  thought  proper. 

ARTICLE  8.  In  order  to  insure  the  civilization  of  the  bands 

ntering  into  this  treaty,  the  necessity  of  education  is  admitted, 

especially  by  such  of  them  as  are  or  may  be  engaged  in  either 


985 


43884 

43885 

43880 

43S87 

43888 

43889 

43890 

43891 

43892 

43893 

43894 

43895 

43896 

43897 

43898 

43899 

43900 

43901 

43902 

43003 

43904 

43905 

43900 

43907 

43908 

43909 

43910 

43911 

43912 

43913 

43914 

43915 

43910 

43917 

43918 

43919 

43920 

43921 

43922 

439  3 

43924 

43925 

43920 

43927 

43928 

43929 


pastoral,  agricultural,  or  other  peaceful  pursuits  of  civilized  life 
on  said  reservation,  and  they  therefore  pledge  themselves  to 
induce  their  children,  male  and  female,  between  the  age[s]  of 
seven  and  eighteen  years,  to  attend  school  5  and  it  is  hereby  made 
the  duty  of  the  agent  for  said  Indians  to  see  that  this  stip 
ulation  is  complied  with  to  the  greatest  possible  extent;  and 
the  United  States  agree  that  for  every  thirty  children  between 
said  ages  who  can  be  induced  to  attend  school  a  house  shall  be 
provided,  and  a  teacher  competent  to  teach  the  elementary 
branches  of  an  English  education  shall  be  furnished,  who  will 
reside  among  said  Indians,  and  faithfully  discharge  his  or  her 
duties  as  teacher,  the  provisions  of  this  article  to  continue  for 
not  less  than  twenty  years. 

ARTICLE  9.  When  the  head  of  a  family  or  lodge  shall  have 
selected  lands,  and  received  his  certificate  as  above  described, 
and  the  agent  shall  be  satisfied  that  he  intends,  in  good  faith, 
to  commence  cultivating  the  soil  for  a  living,  he  shall  be  enti 
tled  to  receive  seeds  and  agricultural  implements  for  the  first 
year,  not  exceeding  in  value  one  hundred  dollars,  and  for  each 
succeeding  year  he  shall  continue  to  farm,  for  a  period  of  three 
years  more,  he  shall  be  entitled  to  receive  seeds  and  implements 
as  aforesaid,  not  exceeding  in  value  fifty  dollars;  and  it  is  further 
stipulated  that  such  persons  as  commence  farming  shall  receive 
instructions  from  the  farmer  herein  provided  for  5  and  it  is 
further  stipulated  that  an  additional  blacksmith  to  the  one  pro 
vided  for  in  the  treaty  of  October  seventh,  one  thousand  eight 
hundred  and  sixty-three,  referred  to  in  article  one  of  this  treaty, 
shall  be  provided  with  such  iron,  steel,  and  other  material  as 
may  be  needed  for  the  Uintah,  Yampa,  and  Grand  River 
agency. 

ARTICLE  10.  At  any  time  after  ten  years  from  the  making 
of  this  treaty,  the  United  States  shall  have  the  privilege  of  with 
drawing  the  farmers,  blacksmiths,  carpenters,  and  millers  herein, 
and  in  the  treaty  of  October  seventh,  one  thousand  eight  hun 
dred  and  sixty- three,  referred  to  in  article  one  of  this  treaty, 
provided  iv>r,  but  in  case  of  such  withdrawal,  an  additional  sum 
thereafter  of  ten  thousand  dollars  per  annum  shall  be  devoted 
to  the  education  of  said  Indians,  and  the  Commissioner  of  In 
dian  Affairs  shall,  upon  careful  inquiry  into  their  condition, 
make  such  rules  and  regulations,  subject  to  the  approval  of  the 
Secretary  of  the  Interior,  for  the  expenditure  of  said  sum  as  will 
best  promote  the  educational  and  moral  improvement  of  said 
Indians. 

ARTICLE  11.    That  a   sum   sufficient,  in   the  discretion  of 
Congress,  for  the  absolute  wants  of  said   Indians,  but  not  to 
exceed  thirty  thousand  dollars  per  annum,  for  thirty  years,  shall 
*  124  i  T 


986 

43930  be  expended,  under  the  direction  of  the  Secretary  of  the  Interior, 

4W31  for  clothing,  blankets,  and  such  other  articles  of  utility  as  he 

43932  may  think  proper  and  necessary  upon  full  official  reports  of  the 

43933  condition  and  wants  of  said  Indians. 

43934  ARTICLE  12.  That  an  additional  sum  sufficient,  in  the  dis- 

43935  cretion  of  Congress,  (but  not  to  exceed  thirty  thousand  dollars 

43936  per  annum,)  to  supply  the  wants  of  said  Indians  for  food,  shall 

43937  be  annually  expended,  under  the  direction  of  the  Secretary  of 

43938  the  Interior,  in  supplying- said  Indians  with  beef,  mutton,  wheat, 
4393!)  flour,  beans,  and  potatoes  until  such  time  as  said  Indians  shall 

43940  be  found  to  be  capable  of  sustaining  themselves. 

43941  ARTICLE  13.  That  for  the  purpose  of  inducing  said  Indians 

43942  to  adopt  habits  of  civilized  life  and  become  self-sustaining,  the 

43943  sum  of  forty-five  thousand  dollars,  for  the  first  year,  shall  be 

43944  expended,  under  the  direction  of  the  Secretary  of  the  Interior, 

43945  in  providing  each  lodge  or  head  of  a  family  in  said  confederated 

43946  bauds  with  one  gentle  American   cow,   as  distinguished   from 

43947  the  ordinary  Mexican  or  Texas  breed,  and  five  head  of  sheep. 

43948  ARTICLE  14.  The    said    confederated    bands    agree    that 

43949  whensoever,   in  the   opinion   of  the   President   of  the   United 

43950  States,  the  public  interest  may  require  it,  that  all  roads,  high- 

43951  ways,   and  railroads,  authorized  by  law,  shall  have  the  right  of 

43952  way  through  the  reservations  herein  designated. 

43953  ARTICLE  15.  The  United    States  hereby   agree  to  furnish 

43954  the   Indians    the    teachers,   carpenters,    millers,   farmers,   and 

43955  blacksmiths,  as  herein  contemplated,  and  that  such  appropria- 
43950    tions  shall   be  made  from  time  to  time,  on  the  estimates  of  the 

43957  Secretary  of  the   Interior,  as  will  be  sufficient  to  employ  such 

43958  persons. 

43959  ARTICLE  10.  No  treaty  for  the  cession   of  any  portion  or 
,43900    part  of  the  reservation  herein  described,  which    may  be  held  in 

43901  common,  shall  be  of  any  validity  or  force  as  against  the  said 

43902  Indians,  unless  executed  and  signed  by  at  least  three-fourths  of 

43903  all  the   adult  male  Indians  occupying  or  interested  in  the  same; 

43904  and  no  cession  by  the  tribe  shall  be  understood  or  construed  in 
43965  such  manner  as  to  deprive,  without  his  consent,  any  individual 

3900    member  of  the  tribe  of  his  right  to   any  tract  of  land   selected 
3967     by  him,  as  provided  in  article  seven  of  this  treaty. 

ARTICLE  17.  All  appropriations  now  made,  or  to  be  here 
after  made,  as  well  as  goods  and  stock  due  these  Indians  under 
W70    existing  treaties,  shall  apply  as  if  this  treaty  had  not  been  made, 
39a     and  l)e  divided  proportionately  among  the  seven  bands  named 
in  this  treaty,  as  also  shall  all  annuities  and  allowances  hereafter 
to  be  made :  Provided,  That  if  any  chief  of  either  of  the  confederated 
3974    bunds  make  war  against  the  people  of  the  United  State*,  or  in 
any  manner  violate  this  treaty  in  any  essential  part,  said  chief 


987 

4397G  shall  forfeit  his  position  as  chief  and  all  rights  to  any  of  the 

43977  benefits  of  this  treaty:   But  provided  further,  Any  Indian  of 

43978  either  of  these  confederated  bands  who  shall  remain  at  peace, 

43979  and  abide  by  the  terms  of  this  treaty  in  all  its  essentials,  shall 

43980  be  entitled  to  its  benefits  and  provisions  notwithstanding  his 

43981  particular   chief  and    band   may    have   forfeited    their   rights 

43982  thereto. 

43983  Proclaimed  November  6,  1808. 


43984  WALLA- WALLAS,  CAYUSES,  ETC. 

43985  Treaty  between  the  United  States  and  the   Walla-  Walla,  Cayuses. 

43986  and  Umatilla  tribes  and  bands  of  Indians  in  Washington  and 

43987  Oregon  Territories,  concluded  at  Camp  Stevens,  in  the  Walla  - 

43988  Walla   Valley,  Washington  Territory,  June  9,  1855;  ratified 

43989  by  the  Senate,  March  8,  1859. 

43990  JAMES  BUCHANAN,  President  of  the  United  States  of  America, 

43991  to  all  and  singular  to  whom  these  presents  shall  come,  greet- 

43992  ing : 

43993  Whereas  a  treaty  was  made  and  concluded  at  the  treaty- 

43994  ground,  Camp  Stevens,  in  the  Walla- Walla  Valley,  on  the  ninth 

43995  day  of  June,  one  thousand  eight  hundred  and  fifty-five,  between 

43996  Isaac  I.  Stevens,  governor  and  superintendent  of  Indian  affairs 

43997  for  the  Territory  of  Washington,  and  Joel  Palmer,  superintend. 

43998  ent  of  Indian  affairs  for  Oregon  Territory,  on  the  part  of  the 

43999  United  States,  and  the  hereinafter-named,  chiefs,  head-men,  and 

44000  delegates  of  the  Walla- Walla,  Cayuses,  and  Umatilla  tribes  and 

44001  bauds  of  Indians  occupying  lands  partly  in  Washington  and 

44002  partly  in  Oregon  Territory,  they  being  duly  authorized  thereto 

44003  by  said  tribes  and  bauds  ;  which  treaty  is  in  the  following  words 

44004  and  figures,  to  wit : 

44005  Articles  of  agreement  and  convention  made  and  concluded  at 

44006  the  treaty-ground,  Camp  Stevens,  in  the  Walla- Walla  Val 

44007  ley,  this  ninth  day  of  June,  in  the  year  one  thousand  eight 

44008  hundred  and    fifty-five,  by  and  between  Isaac  I.  Stevens, 

44009  governor  and  superintendent  of  Indian  affairs  for  the  Ter- 

44010  ritory  of  Washington,  and  Joel  Palmer,  superintendent  of 

44011  Indian  affairs  for  Oregon  Territory,  on  the  part  of  the  United 

44012  States,  and  the  undersigned  chiefs,  head-men,  and  delegates 

44013  of  the   Walla- Wallas,   Cayuses,  and   Umatilla   tribes  and 

44014  bands  of  Indians  occupying  lands  partly  in  Washington  and 

44015  partly  in  Oregon  Territories,  and  who,  for  the  purposes  of 

44016  this  treaty,  are  to  be  regarded  as  one  nation  acting  for  and 


988 

44017  in  behalf  of  their  respective  bands  and  tribes,  they  being 

41018  duly  authorized  thereto;  it  being  understood  that  Superin- 

44;)1<>  tendent  I.  I.  Stevens  assumes  to  treat  with  that  portion  of 

410L>0  the  above  named  bands  and  tribes  residing  within  the  Ter- 

44021  ritory  of  Washington,  and  Superintendent  Palmer  with  those 

44022  residing  within  Oregon. 

440~3  ARTICLE  1.  The  above-named  confederated  bands  of  Indians 

44024  eede  to  the  United  States  all  their  right,  title,  and  claim  to  all 

44025  and  every  part  of  the  country  claimed  by  them  included  in  the 
44020  following  boundaries,  to  wit:  Commencing  at  the  mouth  of  the 

44027  Tocannon  River  in   Washington  Territory,  running  thence  up 

44028  said  river  to  its  source  ;  thence  easterly  along  the  summit  of  the 
44020  Blue  Mountains,  and  on  the  southern   boundaries  of  the  pur- 

44030  chase  made  of  the  Nez  Perces  Indians,  and  easterly  along  that 

44031  boundary  to  the  western  limits  of  the  country  claimed  by  the 

44032  Shoshonees   or   Snake   Indians;    thence   southerly    along    that 

44033  boundary  (being  the  waters  of  Powder  River)  to  the  source  of 

44034  Powder  Kiver;  thence   to   the   head- waters  of  Willow   Creek; 

44035  thence  down  Willow  Creek  to  the  Columbia  River;  thence  up 
44030  the  channel  of  the  Columbia  River  to  the   lower  end  of  a  large 

44037  island  below  the  mouth  of  Umatilla  River;  thence  northerly  to 

44038  a  point  on  the  Yakama  River  called  Tomah-luke;  thence  to  Le 
44031)  Lac;  thence  to  the  White  Banks  on  the  Columbia  below  Priest's 

44040  Rapids;  thence  down  the  Columbia  River  to  the  junction  of  the 

44041  Columbia  and  Snake  Rivers;  thence  up   the  Snake  River  to  the 

44042  placeof  beginning :  Provided,  however,  That  so  much  of  the  country 

44043  described  above  as  is  contained  in  the  following  boundaries  shall 

44044  be  set  apart  as  a  residence  for  said  Indians ,  which  tract  for  the  pur- 

44045  poses  contemplated  shall  be  held  and  regarded  as  an  Indian  re- 
4404(>  servatiou,  to  wit:  Commencing  in  the  middle  of  the  channel  of 

44047  Umatilla  River  opposite  the  mouth  of  Wil  d  Horse  Creek ;  thence 

44048  up  the  middle  of  the  channel  of  said  creek  to  its  source;  thence 
4404!)  southerly  to  a  point  in  the  Blue  Mountains  known  as  Lee's  Encamp- 
44050  ment;  thence  in  a  line  to  the  head-waters  of  Howtome  Creek; 

W51  thence  west  to  the  divide  between  Howtome  and  Birch  Creeks ; 

44052  thence  northerly  along  said  divide  to  a  point  due  west  of  the 

44053  southwest  corner  of  William    C.  McKay's  land-claim;   thence 
^054  east  along  his  line  to  his  southeast  corner ;  the  iice  in  a  line  to  the 

44055  place  of  beginning;  all  of  which  tract  shall  be  set  apart  and,  so 

t05(>  far  as  necessary,  surveyed  and  marked  out  for  their  exclusive 

)57  use  ;  nor  shall  any  white  person  be  permitted  to  reside  upon  the 
same  without  permission  of  the  agent  and  superintendent.  The 
said  tribes  and  bands  agree  to  remove  to  and  settle  upon  the 
same  within  one  year  after  the  ratification  of  this  treaty,  with 
out  any  additional  expense  to  the  Government  other  than  is  pro- 
vided  by  this  treaty,  and  until  the  expir  ation  of  the  time  speci- 


989 

44063  fied  the  said  bauds  shall  be  permitted  to  occupy  and  reside  upon 

44064  the  tracts  now  possessed  by  them,    guaranteeing  to  all  citizen[s] 

44065  of  the   United  States  the  right  to  enter  upon  and  occupy  as  set- 

44066  tiers  any  lands  not  actually  enclosed  by  said  Indians:  Provided, 

44067  also,  That  th  e  exclusive  right  of  taking  fish  in  the  streams  run- 

44068  ning  through  and  bordering  said  reservation  is  hereby  secured 

44069  to  said  India  us,  and  at  all  other  usual  and  accustomed  stations  m 

44070  common  with  citiz  ens  of  the  United  States,  and  of  erecting  suit- 

44071  able  buildings  for    curing  the  same;  the  privilege  of  hunting, 

44072  gathering  roots  an  d   berries,  and  pasturing  their  stock  on  un- 

44073  claimed  lands  iu  common  with  citizens  is  also  secured  to  them  : 

44074  And  provided  also.  That  if  any  band  or  bands  of  Indians  resid- 

44075  iug  in  and  claiming  any  portion  or  portions  of  the  country  de- 

44076  scribed  in  this  article  shall  not  accede  to  the  terms  of  this  treaty, 

44077  then  the  bauds  becom  ing  parties  hereunto  agree  to  reserve  such 

44078  part  of  the  several  and  other  payments  herein  named  as  a  con- 

44079  sideration  for  the  entire  country  described  as  aforesaid  as  shall 

44080  be  in  the  proportion  that  their  aggregate  number  may  have  to 

44081  the  whole  number  of  Indians  residing  in  and  claiming  the  entire 

44082  country  aforesaid,  as  consideration  and  payment  in  full  for  the 

44083  tracts  in    said   country  claimed   by  them :    And  provided  also, 

44084  That  when   substantial  improvements  have  been   made  by  any 

44085  member   of  th  e  bands  being   parties  to  this  treaty,  who   are 

44086  compelled  to  abandon  them  in  consequence  of  said  treaty,  [they] 

44087  shall  be  valued  under  the  direction  of  the  President  of  the  United 

44088  States  and  payment  made  therefor. 

44089  ARTICLE  2.  In  consideration  of  and  payment  for  the  couu- 

44090  try  hereby  ceded,  the  United  States  agree  to  pay  the  bands  and 

44091  tribes  of  ludiaus  claiming  territory  and  residing  in  said  coun- 

44092  try,  and  who  remove  to  and   reside  upon  said  reservation,  the 

44093  several  sums  of  mouey  following,  to  wit:  eight  thousand  dollars 

44094  per  annum  for  the  term  of  five  years,  commencing  on  the  first 
4K)95  day  of  September,  1856;   six  thousand  dollars  per  annum  for 

44096  the  term  of  five  years  next  succeeding  the  first  five ;  four  thou- 

44097  sand  dollars  per  annum  for  the  term  of  five  years  next  succeed- 

44098  ing  the  second  five,  and  two  thousand  dollars  per  annual  for 

44099  the  term   of  five  years  next  succeeding  the  third  five;  allot' 

44100  which  several  sums  of  money  shall  be  expended  for  the  use 

44101  and  benefit  of  the  confederated  bands  herein  named,  under  the 

44102  direction  of  the  President  of  the  United  States,  who  may  from 
4410-3  time  to  time,  at  his  discretion,  determine  what  proportion  thereof 

44104  shall  be  expended  for  such  objects  as  in  his  judgment  will  pro- 

44105  mote  their  well-being,  and  advance  them  in  civilization,  for  their 

44106  moral  improvement  and  education,  for  buildings,  opening  and 

44107  fencing  farms,  breaking  laud,  purchasing  teams,  wagons,  agri-. 

44108  cultural  implements  and  seeds,  for  clothing,  provision,  and  tools, 


990 

44100    for  medical  purposes,  providing-  mechanics  and  farmers,  and  for 

44110  arms  and  ammunition. 

44111  ARTICLE  3.  In  addition  to  the  articles  advanced  the  In- 

44112  diaus  at  the  time  of  signing  this  treaty,  the  United  States  agree 

44113  to  expend  the  sum  of  fifty  thousand  dollars  during  the  first  and 

44114  second  years  after  its  ratification,  for  the  erection  of  buildings 

44115  on  the  reservation,  fencing  and  opening  farms,  for  the  purchase 

44116  of  teams,   farming   implements,   clothing,   and   provisions,  for 

44117  medicines  and  tools,  for  the  payment  of  employes,  and  for  sub- 

44118  sisting  the  Indians  the  first  year  after  their  removal. 

44111)  ARTICLE  4.  In  addition  to  the  consideration  above  speci- 

4411*0  fied,  the  United  States  agree  to  erect,  at  suitable  points  on  the 

44121  reservation,  one  saw-mill  and  one  flouriug-mill,  a  building  suita- 

44122  ble  for  a  hospital,  two  school-houses,  one  blacksmith-shop,  one 

44123  building  for  wagon  and  plough  maker,  and  one  carpenter  and 

44124  joiner  shop,  one  dwelling  for  each,  two  millers,  one  farmer,  one 

44125  superintendent  of  farming  operations,  two  school-teachers,  one 
4412C  blacksmith,  one  wagon  and  plough   maker,  one  carpenter  and 

44127  joiner,  to  each  of  which  the   necessary  out-buildings;  to  pur- 

44128  chase  and  keep  in  repair  for  the  term  of  twenty  years  all  neces- 

44129  sary  mill  fixtures  and  mechanical  tools,  medicines  and  hospital 

44130  stores,  books  and  stationery  for  schools,  and  furniture  for  em- 

44131  ployes.    The  United  States  further  engage  to  secure  and  pay  for 

44132  the  services  and  subsistence,  for  the  term  of  twenty  years,  [of]  one 

44133  superintendent  of  farming  operations,  one  farmer,  one  black- 

44134  smith,  one  wagon  and  plough  maker,  one  carpenter  and  joiner, 

44135  one  physician,  and  two  school-teachers. 

44136  ARTICLE  5.  The  United  States  further  engage  to  build  for 

44137  the  head  chiefs  of  the  Walla- Walla,  Cayuse,  and  Umatilla  bauds 

44138  each  one  dwelling-house,  and  to  plough  and  fence  ten  acres  of 

44139  land  for  each,  and  to  pay  to  each  five  hundred  dollars  per  an 

44140  num  in  cash  for  the  term  of  twenty  years;  the  first  payment 

44141  to  the  Walla- Walla  chief  to  commence  upon  the  signing  of  this 

44142  treaty.    To  give  to  the  Walla- Walla  chief  three  yoke  of  oxen, 

44143  three  yokes  and  four  chains,  one  wagon,  two  ploughs,  twelve 
H44  hoes,  twelve  axes,  two  shovels,  and  one  saddle  and  bridle,  one 
U45  set  of  wagon-harness,  and  one  set  of  plough-harness,  within 

146  three  months  after  the  signing  of  this  treaty.     To  build   for 

147  the  son  of  Pio-pio-mox  mox  one  dwelling-house,  and  plough  and 
fence  five  acres  of  land,  and  to  give  him  a  salary  for  twenty 

U49  years,  one  hundred  dollars  in  cash  per  annum,  commencing 
September  first,  eighteen  hundred  and  fifty-six.  The  im 
provement  named  in  this  section  to  be  completed  as  soon 

1152  after  the  ratification  of  this  treaty  as  possible.  It  is  further 
stipulated  that  Pio-pio-mox  mox  is  secured  for  the  term  of 
five  years  the  right  to  build  and  occupy  a  house  at  or  near 


991 

44155  the  mouth  of   Yakama  River,   to   be  used   as   a  trading-post 

44150  in   the  sale  of  his  bands  of  wild  cattle  ranging    in    that  dis- 

44157  trict:  And  provided  also,  That  in  consequence  of  the  immigrant 

44158  wagon-road  Irom  Grand  Round  to  Umatilla  passing  through  the 

44159  reservation  herein  specified,   thus  leading  to  turmoils  and  dis- 

44160  putes  between  Indians  and  immigrants,  and  as  it  is  known  that  a 

44161  more  desirable  and  practicable  route  may  be  had  to  the  south  of 

44162  the  present  road,  that  a  sum  not  exceeding  ten  thousand  dollars 

44163  shall  be  expended  in  locating  and  opening  a  wagon-road  from 

44164  Powder  River  or  Grand  Round,  so  as  to  reach  the  plain  at  the 

44165  western  base  of  the  Blue  Mountains,  south  of  the  southern  limits 

44166  of  said  reservation. 

44167  ARTICLE  6.  The   President  may  from  time  to  time,  at  his 

44168  discretion,  cause  the  whole,  or  such  portion  as  he  may  think  proper, 

44169  of  the  tract  that  may  now  or  hereafter  be  set  apart  as  a  perma- 

44170  nent  home  for  those  Indians,  to  be  surveyed  into  lots  and  as- 

44171  signed   to  such  Indians  of  the  confederated  bands  as  may  wish 

44172  to  enjoy  the  privilege,  and  locate  thereon  permanently,  to  a 

44173  single  person  over  twenty-one  years  of  age,  forty  acres ;  to  a 

44174  family  of  two  persons,  sixty  acres;  to  a  family  of  three  and  not 

44175  exceeding  five,  eighty  acres;  to  a  family  of  six  persons  and  not 

44176  exceeding  ten,  one  hundred  and  twenty  acres ;  and  to  each  family 

44177  over  ten  in  number,  twenty  acres  to  each  additional  three  inem- 

44178  bers;  and  the  President  may  provide  for  such  rules  and  regula- 

44179  tions  as  will  secure  to  the  family  in  case  of  the  death  of  the  head 

44180  thereof  the  possession  and  enjoyment  of  such  permanent  home 

44181  and  improvement  thereon;  and  he  may  at  any  time,  at  his  dis- 

44182  cretiou,  after  such  person  or  family  has   made  location  on  the 

44183  land  assigned  as  a  permanent  home,  issue  a  patent  to  such  per- 

44184  son  or  family  for  such  assigned  land,  conditioned  that  the  tract 

44185  shall  not  be  aliened  or  leased  lor  a  longer  term  than  two  years, 

44186  and  shall   be  exempt  from  levy,  sale,  or  forfeiture,  which  condi- 

44187  tion  shall  continue  in  force  until  a  State  constitution,  embracing 

44188  such  land  within  its  limits,  shall  have  been  formed  and  the  legis- 

44189  lature    of   the  State  shall    remove  the   restriction :     Provided, 

44190  however,  That  no  State  legislature  shall  remove  the  restriction 

44191  herein  provided  for  without  the  consent  of  Congress:  And  pro- 

44192  vided  also,  That  if  any  person  or  family  shall  at  any  time  neg- 

44193  lector  refuse  to  occupy  or  till  a  portion  of  the  land  assigned  and 

44194  on  which  they  have  located,  or  shall  roam  from  place  to   place, 

44195  indicating  a  desire  to  abandon  his  home,  the  President  may,  if 

44196  the  patent   shall  have  been  issued,  cancel  the  assignment,  and 

44197  may  also  withhold   from  such   person  or  family  their  portion  of 

44198  the  annuities  or  other  money  due  them  until  they  shall  have 

44199  returned  to  such  permanent  home  and  resumed  the  pursuits  of 

44200  industry ;  and  in  default  of  their  return  the  tract  may  be  declared 


992 

44201  abandoned,  and   thereafter  assigned  to   some  other  person  or 

44202  family  of  Indians  residing  on   said  reservation:  And  provided 

44203  <tlw,  That  the  head  chiefs  of  the  three  principal  bands,  to  wit, 
44J)4  l»io'pio-mox-mox,  Weyatenatemany,  and  Wenap-snoot,  shall  be 
44205  secured  in  a  tract  of  at  least  one  hundred  and   sixty  acres  of 

44200  land. 

44207  ARTICLE  7.  The  annuities  of  the  Indians  shall  not  be  taken 

4420S  to  pay  the  debts  of  individuals. 

44'>o;}  ARTICLE  S.  The  confederated  bands  acknowledge  their  de- 

41210  pemlenee  on  the  Government  of  the  United  States,  and  promise 

4121 1  to  be  friendly  with  all  the  citizens  thereof,  and  pledge  themselves 

44212  to  commit  no  depredation  on  the  property  of  snch  citizens,  and 

44213  should  any  one  or  more  of  the  Indians  violate  this  pledge,  and 

44214  the  fact  be  satisfactorily  proven  before  the  agent,  the  property 

44215  taken  shall  be  returned,  or  in   default  thereof,  or  if  injured,  or 
44210  destroyed,  compensation   may  be  made  by  the  Government  out 

44217  of  their  annuities;  nor  will  they  make  war  on  any  other  tribe  of 

44218  Indians  except  in  self-defense,  but  submit  all  matter  of  differ- 

44219  ence  between  them  and  other  Indians  to  the  Government  of  the 

44220  United  States  or  its  agents  for  decision,  and  abide  thereby  ;  and 

44221  if  any  of  the  said  Indians  commit  any  depredations  on  other  In- 

44222  dians,  the  same  rule  shall  prevail  as  that  prescribed  in   the 

44223  article  in  case  of  depredations  against  citizens.     Said  Indians 

44224  further  engage  to  submit  to  and  observe  all  laws,  rules,  and 

44225  regulations  which  may  be  prescribed  by  the  United  States  for 
44220  the  government  of  said  Indians. 

44227  ARTICLE  9.  In  order  to  prevent  the  evils  of  intemperance 

4422S  among  said   Indians  it  is  hereby  provided  that  if  any  one  of 

44229  them  shall  drink  liquor,  or  procure  it  for  others  to  drink,  [such 

44230  one]  may  have  his    or  her  proportion  of  the  annuities  withheld 

44231  from  him  or  her  for  such  time  as  the  President  may  determine. 

44232  ARTICLE  10.  The  said  confederated  bands  agree  that,  when- 

44233  ever  in  the  opinion   of  the  President  of  the  United  States  the 

44234  public  interest  may  require  it,  that  all  roads,  highways,  and  rail- 

44235  roads  shall  have  the  right  of  way  through  the  reservation  herein 
44230  designated,  or  which  may  at  any  time  hereafter  be  set  apart  as 
44237  a  reservation  for  said  Indians. 

ARTICLE  11.  This  treaty  shall  be  obligatory  on  the  con- 

£39  tracting  parties  as  soon  as  the  same  shall   be  ratified   by   the 

44240  President  and  Senate  of  the  United  States. 

44241  Proclaimed  April  11,  1859. 


993 

44242  WEAS. 

44243  Articles  of  a  treaty  made  and  concluded  at  St.  Mary's  between  the 

44244  United  States  of  America,  by  their  commissioners,  Jonathan 

44245  Jennings,  Lewis  Cass,  and  Benjamin  Park,  and  the  Wea  tribe 
44240  of  Indians. 

44247  ARTICLE  1.  The  said  Wea  tribe  of  Indians  agree  to  cede 

44248  to  the  United  States  all  the  lauds  claimed  and  owned  by  the 
44240  said  tribe  within  tlie  limits  of  the  States  of  Indiana,  Ohio,  and 

44250  Illinois. 

44251  ARTICLE  2.  The  said  Wea  tribe  of  Indians  reserve  to  them 

44252  selves  the  following-described  tract  of  land,  viz:  Beginning  at 

44253  the  mouth  of  Raccoon  Creek;  thence,  by  the  present  boundary  - 

44254  line,  seven  miles;  thence  northeasterly  seven  miles  to  a  point 

44255  seven   miles  from  the  Wabask  River;   thence  to  the  Wabash 
4425G  River  by  a  line  parallel  to  the  present  boundary-line  aforesaid ; 

44257  and  thence  by  the  Wabash  River  to  the  place  of  beginning: 

44258  to  be  holden  by  the  said  tribe  as  Indian  reservations  are  usually 

44259  held. 

44260  ARTICLE  3.  The  United  States  agree  to  grant  to  Christmas 

44261  Dageny  and  Mary  Shields,  formerly  Mary  Dageny,  children  of 

44262  Mechinquamesha,  sister  of  Jacco,  a  chief  of  the  said  tribe,  and 

44263  their  heirs,  one  section  of  land  each;   but  the  land  hereby 

44264  granted  shall  not  be  conveyed  or  transferred  to  any  person  or 

44265  persons  by  the  grantees  aforesaid,  or  their  heirs,  or  either  of 

44266  them,   but  with   the  consent  of  the  President  of  the  United 

44267  States. 

44268  ARTICLE  4.   The  said  Wea  tribe  of  Indians  accede  to  and 

44269  sanction  the  cession  of  land  made  by  the  Kickapoo  tribe  of  In- 

44270  dinns  in  the  second  article  of  a  treaty  concluded  between  the 

44271  United  States  and  the  said  Kickapoo  tribe  on  the  ninth  day  of 

44272  December,  one  thousand  eight  hundred  and  nine,  (proclaimed 

44273  March  8,  1810;  see  page  436.) 

44274  ARTICLE  5.   In  consideration  of  the  cession  made  in  the 

44275  foregoing  articles  of  this  treaty,  the  United  States  agree  to  pay 

44276  to  the  said  AVea  tribe  of  Indians  one  thousand  eight  hundred 

44277  and  fifty  dollars  annually  in  addition  to  the  sum  of  one  thou- 
41278  sand  one  hundred  and  fifty  dollars,  (the  amount  of  their  former 

44279  annuity,)  making  a  sum  total  of  three  thousand  dollars;  to  be 

44280  paid  in  silver  by  the  United  States  annually  to  the  said  tribe , 

44281  on   the   reservation   described    by  the   second   article    of   this 

44282  treaty. 

44283  Proclaimed  January  7,  1819. 

*125  i  T 


994 

44284  A  treat)/  made  and  concluded  by  Benjamin  Farie,  a  commissioner 

44285  for  that  purpose  on  the  part  of  the  United  States,  of  the  one 
44280  'part,  and  the  chiefs,  warriors,  and  head-men  of  the  Wea  tribe 

44287  of  Indians,  of  the  other  part. 

44288  ARTICLE  1.  The  chiefs,  warriors,  and  head-men  of  the  said 

44289  tribe  agree  to  cede,  and  they  do  hereby  cede  and  relinquish,  to 

44290  the  United  States  all  the  land  reserved  by  the  second  article  of 

44291  the  treaty  between  the  United  States  and  the  said  tribe  con- 

44292  eluded  at  Saint  Mary's  on  the  second  day  of  October,  eighteen 

44293  hundred  and  eighteen,  (preceding  treaty.) 

44294  ARTICLE  2.  The  sum  of  five  thousand  dollars   in   money 

44295  and  goods  which  is  now  paid  and  delivered  by  the  United  States, 
44290    the  receipt  wherof  the  chiefs,  warriors,  and  head-men  of  the 

44297  said  tribe  do  hereby  acknowledge,  is  considered  by  the  parties 

44298  a  full  compensation  for  the  cession  and  relinquish ment  above 

44299  mentioned. 

44300  ARTICLE  3.  As  it  is  contemplated  by  the  said  tribe  to  re- 

44301  move  from  the  Wabash,  it  is  agreed  that  the  annuity  secured  to 

44302  the  AVeas  by  the  treaty  of  Saint  Mary's  above  mentioned  shall 

44303  hereafter  be  paid  to  them  at  Kaskaskia,  in  the  State  of  Illinois. 

44304  ARTICLE  4.  This  treaty,  as  soon  as  it  is  ratified  by  the 

44305  President  and  Senate  of  the  United  States,  to  be  binding  on  the 
4430G    contracting  parties. 

44307  Proclaimed  January  8,  1821. 

44308  A  convention  entered  into  at  Yinccnnes,  in  the  Indiana  Territory, 

between  William  Henry  Harrison,  commissioner  plenipotentiary 

44310  of  the  United  States  for  treating  with  the  Indian  tribes  north- 

44311  west  of  the  Ohio,  and  the  Wca  tribe. 

The  said  tribe,  by  their  sachems  and  head-warriors,  hereby 

H3    declare  their  fall  and  free  consent  to  the  treaty  concluded  at 

H4    Fort  Wayne,  on  the  thirtieth  ultimo,  by  the  above-mentioned 

•15    commissioner,  with  the  Delaware,  Miami,  Putawatimie,  and  Eel 

Ptiver  tribes;  and  also  to  the  separate  article  entered  into    on 

J17    the  same  day  with  the  Miami  and  Eel  River  tribes.    And  the 

said  commissioner,  ou  the  part  of  the  United  States,  agrees  to 

allow  the  said  Indian  tribe  an  additional  annuity  of  three  hun- 

d  dollars,  and  a  present  sum  of  fifteen  hundred  dollars,  in 

consideration  of  the  relmquishment  made  in  the  first  article  of 

I  treaty;  and  a  further  permanent  annuity  of  one  hundred 

dollars  as  soon  as  the  Kiekapoos  can  be  brought  to  give  their 

consent  to  the  ninth  article  of  said  treaty. 

U325  Proclaimed  January  25,  1810. 


995 


44320  W1KNTEBAGOS. 

44327  A  treaty  of  peace  and  friendship  made  and  concluded  between  Will- 
iam  Clark,  Ninian  Edivards,  and  Auguste  Chouteau,  corn-mis- 

44329  sioners  plenipotentiary  of  the  United  States  of  America,  on  the 

44330  part  and  behalf  of  the  said  States,  of  the  one  part,  and  the  un- 

44331  dersigned  chiefs  and  icarriors  of  that  portion  of  the  Winnebago 

44332  tribe  or  nation  residing  on  the  Ouisconsin  River,  of  the  other 

44333  part. 

44334  Whereas  the  undersigned  chiefs  and  warriors,  as  well  as 

44335  that  portion  of  the  nation  which  they  represent,  have  separated 
44330  themselves  from  the  rest  of  their  nation,  and  reside  in  a  village 

44337  on  the  Ouisconsin  Biver,  and  are  desirous  of  returning1  to  a  state 

44338  of  friendly  relations  with  the  United  States,  the  parties  hereto 

44339  have  agreed  to  the  following  articles  : 

44340  ARTICLE  1.  Every  injury  or  act  of  hostility  committed  by 

44341  one  or  either  of  the  contracting  parties  against  the  other  shall 

44342  be  mutually  forgiven  and  forgot ;  and  all  the  friendly  relations 

44343  that  existed  between  them  before  the  late  war  shall  be,  and  the 

44344  same  are  hereby,  renewed. 

44345  ARTICLE  2.  The  undersigned  chiefs  and  warriors,  for  them- 
4434G  selves  and  those  they  represent,  do,  by  these  presents,  confirm 

44347  to  the  United  States  all  and  every  cession  of  land  heretofore 

44348  made  by  their  nation  to  the  British,  French,  or  Spanish  govcru- 

44349  ment  within  the  limits  of  the  United  States  or  their  territories; 

44350  and  also  all  and  every  treaty,  contract,  and  agreement  hereto- 

44351  fore  concluded  between  the  United  States  and  the  said  tribe  or 

44352  nation,  as  far  as  their  interest  in  the  same  extends. 

44353  ARTICLE  3.  The  undersigned  chiefs  and  warriors  as  afore- 

44354  said,  for  themselves  and  those  they  represent,  do  hereby  ac- 

44355  knowledge  themselves  to  be  under  the  protection  of  the  United 
44350  States,  and  of  no  other  nation,  power,  or  sovereign  whatsoever. 

44357  ARTICLE  4.  The  aforesaid  chiefs  and  warriors,  for  them- 

44358  selves  and  those  they  represent,  do  further  promise  to  remain 

44359  distinct  arid  separate  from  the  rest  of  their  tribe  or  nation, 

44300  giving  them  no  aid  or  assistance  whatever,  until  peace  shall 

44301  also  be  concluded  between  the  United  States  and  the  said  tribe 

44302  or  nation. 

44303  ARTICLE  5.    The   contracting    parties    do    hereby    agree, 

44304  promise,  and  oblige  themselves,  reciprocally,  to  deliver  up  all 

44305  prisoners  now  in  their  hands  (by  what  means  soever  the  same 
44300  may  have  come  into  their  possession)  to  the  officer  commanding 

44307  at  Prairie  du  Chien,  to  be  by  him  restored  to  the  respective 

44308  parties  hereto,  as  soon  as  it  may  be  practicable. 

44309  Proclaimed  January  30,  1810. 


996 

44370  Articles  of  a  treaty  made  and  concluded  at  the  Village  of  Prairie  du 

44371  Chien,  Michigan  Territory,  on  this  first  day  of  August,  in  the 

44372  year  one  thousand  eight  hundred  and  twenty-nine,  between  the 

44373  United  States  of  America,  by  their  commissioners,   General 

44374  John  M'Siel,  Colonel  Pierre  Menard,  and  Caleb  At  water,  esq., 

44375  for  and  on  behalf  of  said  States,  of  the  one  part,  and  the  nation 
4437G  of  Winnebaygo  Indians  of  the  other  part. 

44377  ARTICLE  1.  The  said  AViunebaygo   Xation  hereby  forever 

44378  cede  and  relinquish  to  the  said  United  States  all  their  right, 

44379  title,  and  claim  to  the  lands  and  country  contained  within  the 

44380  following  limits  and   boundaries,  to  wit:   Beginning  on   Rock 

44381  River,  at  the  mouth  of  the  Pee-Jcee-tau-no  or  Pee-lcee-tol-aka,  a 

44382  branch  thereof;  thence  up  the  Pee-l'ce -tol  a  I- a  to  the  mouth  of 

44383  Sugar  Creek ;  thence  up  the  said  creek  to  the  source  of  the 

44384  Eastern  Branch  thereof;  thence  by  aline  running  due  north  to  the 

44385  road  leading  from  the  Eastern  Blue  Mound,  by  the  most  northern 
443SG  of  the  four  lakes,  to  the  portage  of  the  Wisconsin  and  Fox 

44387  Rivers;   thence  along  the  said  road  to  the  crossing  of  Duck 

44388  Creek;  thence  by  a  line  running  in  a  direct  course  to  the  most 

44389  southeasterly  bend  of  Lake  Puck-a-way,  on  Fox  River;  thence 

44390  up  said  lake  and  Fox  River  to  the  portage  of  the  Wisconsin ; 

44391  thence  across  said  portage   to  the  Wisconsin  River;   thence 

44392  down  said  river  to  the  eastern  line  of  the  United  States  reserva- 

44393  tion  at  the  mouth  of  said  river,  on  the  south  side  thereof,  as 

44394  described  in  the  second  article  of  the  treaty  made  at  St.  Louis, 

44395  on  the  twenty-fourth  day  of  August,  in  the  year  eighteen  liun- 
4439G  dred  and  sixteen,  with  the  Chippewas,  Ottawas,  and  Potawa- 

44397  tainies,  (proclaimed  December  30,  181G;  see  page  151;)  thence 

44398  with  the  lines  of  a  tract  of  country  on  the  Mississippi  River, 

44399  (secured  to  the  Chippewas,  Ottawas,  and  Potawatauiies  of  the 
4400  Illinois  by  the  ninth  article  of  the  treaty  made  at  Prairie  du 

.401    Chien,  on  the  nineteenth  day  of  August,  in  the  year  eighteen 

hundred  and  twenty-five,  proclaimed   February  2G,  182G,  (see 

:03    page  159;)  running  southwardly,  passing  the  heads  of  the  small 

streams  emptying  into  the  Mississippi  to  the  Rock  River,  at  the 

Winnebaygo  village,  forty  miles  above  its  mouth ;   thence  up 

Rock  River  to  the  mouth  of  the  Pec-lee  tola-la  River,  the  place 

44407    of  beginning. 

ARTICLE  2.  In  consideration  of  the   above   cession,  it   is 

hereby  stipulated  that  the  said  United  States  shall  pay  to  the 

I  Winuebaygo  Nation  of  Indians  the  sum  of  eighteen  tliou- 

11    sand  dollars  in  specie  annually,  for  the  period  of  thirty  years  ; 

[ch^said  sum  is  to  be  paid  to  said  Indians  at  Prairie  du  Chien, 

Fort  Wiunebaygo,  in  proportion  to  the  numbers  residing 

»n  the  most  convenient  distance  of  each  place,  respectively ; 


997 

44415  and  it  is  also  agreed  that  the  said  United  States  shall  deliver 

44416  immediately  to  said  Indians,  as  a  present,  thirty  thousand  dol- 

44417  lars  in  goods;  and  it  is  farther  agreed  that  three  thousand 

44418  pounds  of  tobacco  and  fifty  barrels  of  salt  shall  be  annually 

44419  delivered  to  the  said  Indians  by  the  United  States,  for  the 

44420  period  of  thirty  years;  half  of  which  articles  shall  be  delivered 

44421  at  the  agency  at  Prairie  du  Chien,  and  the  other  half  at  the 

44422  agency  of  Fort  Winnebaygo. 

44423  ARTICLE  3.  And  it  is  further  agreed  between  the  parties 

44424  that  the  said   United  States  shall  provide  and  support  three 

44425  blacksmiths'  shops,  with  the  necessary  tools,  iron,  and  steel,  for 

44426  the  use  of  the  said  Indians,  for  the  term  of  thirty  years  ;  one  at 

44427  Prairie  du  Chien,  one  at  Fort  Winnebaygo,  and  one  on  the 

44428  waters  of  Rock  River  ;  and  furthermore,  the  said  United  States 

44429  engage  to  furnish,  for  the  use  of  the  said  Indians,  two  yoke  of 

44430  oxen,  one  cart,  and  the  services  of  a  man  at  the  portage  of  the 

44431  Wisconsin  and  Fox  Rivers,  to  continue  at  the  pleasure  of  the 

44432  agent  at  that  place,  the  term  not  to  exceed  thirty  years. 

44433  ARTICLE  4.  The  United  States  (at  the  request  of  the  Indians 

44434  aforesaid)  further  agree  to  pay  to  the  persons  named  in  the 

44435  schedule  annexed  to  this  treaty,  (and  which  forms  part  and  par- 

44436  eel  thereof,)  the  several  sums  as  therein  specified,  amounting,  in 

44437  all,  to  the  sum  of  twenty-three  thousand  five  hundred  and  thirty  - 

44438  two  dollars  and  twenty-eight  cents ;    which  sum  is  in  full  satis- 

44439  faction   of    the  claims  brought  by   said  persons   against   said 
41440  Indians,  and  by  them  acknowledged  to  be  justly  due. 

44441  ARTICLE  5.  And  it  is  further  agreed  that,  from  the  laud 

44442  hereinbefore  ceded,  there  shall  be  granted  by  the  United  States 

44443  to  the  persons  herein  named,  (being  descendants  of  said  Indians,) 

44444  the  quantity  of  land  as  follows,  to  be  located  without  the  mineral 

44445  country,  under  the  direction  of  the  President  of  the   United 
44146  States,  that  is  to  say :  to  Catherine  Myott,  two  sections ;    to 

44447  Mary,  daughter  of  Catharine  Myott,  one  section  ;  to  Michael  St. 

44448  Cyr,  son  of  Ilcc-no-'kau,  (a  Winuebaygo  woman,)  one  section  ;  to 

44449  Mary,  Ellen,  and  Brigitte,  daughters  of  said  Hee-no-7cau,  each 

44450  one  section ;  to  Catherine  and  Olivier,  children  of  Olivier  Amelle, 

44451  each  one  section;  to  Francois,  Therese,  and  Joseph,  children  of 

44452  Joseph  Thibault,  each  one  section  ;  to  Sophia,  daughter  of  Joshua 

44453  Paleu,  one  section;  to  Pierre  Pacquette,  two  sections;  and  to  his 

44454  two  children,  Therese  and  Moses,  each  one  section ;  to  Pierre  Grig- 

44455  non  L'Avoine,  Ainable,  Margaret,  Genevieve,  and  Mariette,  chil- 

44456  dren  of  said  Pierre,  each  one  section  ;  to  Mauh-nah-tee-scc,  (a  Win- 

44457  nebaygo  woman,)  one  section;  and  to  her  eight  children,  viz, 

44458  Therese,  Benjamin,  James,  Simeon,  and  Phelise  Leciiyer,  Julia, 

44459  and  Antoiue  Grignou,  and  Alexis  Peyet,  each  one  section;    to 

44460  John  Baptiste  Pascal,  Margaret,  Angelique,  Domitille,  Therese, 


998 

44401  aud  Lisette,  children  of  the  late  John  Baptiste  Pacquette,  each 

4462  one  section  ;  to  Madeline  Brisbois,  daughter  of  the  late  Michel 

44403  Brisbois,  jr.,  one  section;  to  Therese  Gagnier  and  her  two  chil- 

44404  dreu,  Francois  and  Louise,  two  sections ;  to  Mary,  daughter  of 

44405  Luther  Gleason,  one  section  ;  and  to  Theodore  Lupien,  one  sec- 
44400  tiou  ;  all  which  aforesaid  grants  are  not  to  be  leased  or  sold  by 

44407  said 'grantees  to  any  person  or  persons  whatever,  without  the 

44408  permission  of  the  President  of  the  United   States ;  and  it  is 
4  WOO    further  agreed  that  the  said  United  States  shall  pay  to  Therese 

44470  Gagnier  the  sum  of  fifty  dollars  per  annum,  for  fifteen  years,  to 

44471  be  deducted  from  the  annuity  to  said  Indians. 

44472  ARTICLE  0.  This  treaty,  after  the  same  shall  be  ratified  by 
41473    the  President  of  the  United  States,  by  and  with  the  advice  and 

44474  consent  of  the  Senate  thereof,  shall  be  obligatory  on  the  con- 

44475  tractiug  parties. 

44470  Proclaimed  January  2,  1830. 

41477    Articles  of  a  treaty  made  and  concluded  at  Fort  Armstrong,  Rock 

44478  Island,  Illinois,  beticccn  the  United  States  of  America,  by  their 

44470  commissioners,  Major-General  Winfield  Scott,  of  the  United 

44480  States  Army,  and  his  excellency  John  Beynolds,  governor  of 

44481  the  State  of  Illinois,  and  the  Winnebago  N.ation  of  Indians, 

44482  represented  in  general  council  by  the  undersigned  chiefs,  head- 

44483  men,  and  warriors. 

44484  ARTICLE  1.  The  "Wiimcbago   Nation  hereby   cede   to  the 

44485  United  States,  forever,  all  the  lands  to  which  said  nation  have 
44480  title  or  claim,  lying  to  the  south  and  east  of  the  Wisconsin 
14487  River,  aud  the  Fox  River  of  Green  Bay  ;  bounded  as  follows,  viz : 
44488  Beginning  at  the  mouth  of  the  Pec-kee-tol-a-ka  River  ;  thence  up 
44480  Rock  River  to  its  source  ;  thence,  with  a  line  dividing  the  Win- 

44400  nebago  Nation  from  other  Indians  east  of  the  Winuebago  Lake, 

44401  to  the  Grande  Chute ;  thence  up  Fox  River  to  the  Winnebago 

44402  Lake,  and  with  the  northwestern  shore  of  said  lake  to  the  inlet 

44403  of  Fox  River  ;  thence  up  said  river  to  Lake  Puckaway,  and  with 

44404  the  eastern  shore  of  the  same  to  its  most  southeasterly  bend  ; 

44405  thence  with  the  line  of  a  purchase  made  of  the  Wirmebago  Na- 
44400  tion,  by  the  treaty  at  Prairie  du  Chene,  the  first  day  of  August, 

107    one  thousand  eight  hundred  and  twenty-nine,  to  the  place  of 
41408    beginning. 

ARTICLE  2.  In  part  consideration  of  the  above  cession,  it 

U500    is  hereby  stipulated  and  agreed  that  the  United  States  grant  to 

t4501    the  AVinnebago  Nation,  to  be  held  as  other  Indian  lands  are 

held,  that  part  of  the  tract  of  country  on  the  west  side  of  the 

>03    Mississippi,  known  at  present  as  the  Neutral  Ground,  embraced 

within  the  following  limits,  viz  :  Beginning  on  the  west  bank  of 


999 

44505  the  Mississippi  Elver,  twenty  miles  above  the  mouth  of  the  Up- 

44506  per  loway  River,  where  the  line  of  the  lauds  purchased  of  the 

44507  Sioux  Indians,  as  described  in  the  third  article  of  the  treaty  of 
44503    Prairie  du  Chieu,  of  the  fifteenth  day  of  July,  one  thousand 

44509  eight  hundred  and  thirty,  begins;   thence,  with  said  line,  as 

44510  surveyed  and  marked,  to  the  Eastern  Branch  of  the  JKed  Cedar 

44511  Creek;  thence  down  said  creek  forty  miles,  in  a  straight  line, 

44512  but  following  its  windings,  to  the  line  of  a  purchase,  made  of 

44513  the  Sac  and  Fox  tribes  of  Indians,  as  designated  in  the  second 

44514  article  of  the  before-recited  treaty;  and  thence  along  the  south- 

44515  ern  line  of  said  last-mentioned  purchase,  to  the  Mississippi,  at 
44510  the  point  marked  by  the  surveyor,  appointed  by  the  President 

44517  of  the  United  States,  on  the  margin  of  said  river;  and  thence 

44518  up  said  river  to  the  place  of  beginning.     The  exchange  of  the 

44519  two  tracts  of  country  to  take  place  on  or  before  the  first  day  of 

44520  June  next;  that  is  to  say,  on  or  before  that  day,  all  the  Win- 

44521  nebagoes  now  residing  within  the  country  ceded  by  them,  as 

44522  above,  shall  leave  the  said  country,  when,  and  not  before,  they 

44523  shall  be  allowed   to  enter  upon   the  country  granted  by    he 

44524  United  States,  in  exchange. 

44525  ARTICLE  3.  But  as  the  country  hereby  ceded  by  the  Wiune- 

44526  bago  Nation  is  more  extensive  and  valuable  than  that  given  by 

44527  the  United  States  in  exchange,  it  is  further  stipulated  and 

44528  agreed  that  the  United  States  pay  to  the  Winnebago  Nation, 

44529  annually,  for  twenty-seven  successive  years,  the  first  payment 

44530  to  be  made  in  September  of  the  next  year,  the  sum  of  ten  thou- 

44531  sand  dollars,  in  specie ;   which  sum.  shall  be  paid  to  the  said 

44532  nation  at  Prairie  du  Chien  and  Fort  Winnebago,  in  sums  pro- 

44533  portional  to  the  numbers  residing  most  conveniently  to  those 

44534  places  respectively. 

44535  ARTICLE  4.  It  is  further  stipulated  and   agreed   that  the 

44536  United  States  shall  erect  a  suitable  building  or  buildings,  with 

44537  a  garden  and  afield  attached,  somewhere  near  Fort  Crawford  or 

44538  Prairie  du  Chien,  and  establish  and  maintain  therein  for  the 

44539  term  of  twenty-seven  years  a  school  for  the  education,  includ- 

44540  ing  clothing,  board,  and  lodging,  of  such  Winuebago  children 

44541  as  may  be  voluntarily  sent  to  it;  the  school  to  be  conducted  by 

44542  two  or  more  teachers,  male  and  female,  and  the  said  children  to 

44543  be  taught  reading,  writing,  arithmetic,  gardening,  agriculture, 

44544  carding,  spinning,  weaving,  and  sewing,  according  to  their  ages 

44545  and  sexes,  and  such  other  branches  of  useful  knowledge  as  the 

44546  President  of  the  United  States  may  prescribe :  Provided,  That 

44547  the  annual  cost  of  the  school  shall  not  exceed  the  sum  of  three 

44548  thousand  dollars.     And  in  order  that  the  said  school  may  be  pro 

44549  ductive  of  the  greatest  benefit  to  the  Winnebago  Nation,  it  is 

44550  hereby  subjected  to  the  visits  and  inspections  of  his  excellency 


1000 

4455L  the  gouvernor  of  the  State  of  Illinois  for  the  time  being;  the 

44552  United  States  general  superintendents  of  Indian  affairs ;  of  the 

44553  United  States  agents  who  may  be  appointed  to  reside  among 

44554  the  Winnebago  Indians,  and  of  any  officer  of  the  United  States 

44555  Army  who  may  be  of  or  above  the  rank  of  major:   Provided, 

44556  That  the  commanding  officer  of  Fort  Crawford  shall  make  such 

44557  visits  and  inspections  frequently,  although  of  an  inferior  rank. 

44558  ARTICLE  5.  And  the  United  States  further  agree  to  make 

44559  to  the  said  nation  of  Winnebago  Indians  the  following  allow- 
4 15GO  ances  for  the  period  of  twenty-seven  years  in  addition  to  the  con  - 
445GL  siderations  hereinbefore  stipulated;  that  is  to  say  :  for  the  sup" 
445G2  port  of  six  agriculturists  and  the  purchase  of  twelve  yokes  of 
445G3  oxen,  ploughs,  and  other  agricultural  implements,  a  sum  not  ex- 
445G4  ceeding  two  thousand  five  hundred  dollars  per  annum ;  to  the 
445G5  Hock  Kiver  band  of  Winnebagoes,  one  thousand  five  hundred 
4456G  pounds  of  tobacco  per  annum;  for  the  services  and  attendance 
445G7  of  a  physician  at  Prairie  du  Chien,  and  of  one  at  Fort  Winue 
445G8  bago,  each  two  hundred  dollars  per  annum. 

445G9  ARTICLE  G.  It  is  further  agreed  that  the  United  States  re- 

44570  move   and  maintain  within  the  limits  prescribed  in  this  treaty 

44571  for  the  occupation  of  the  Winnebagoes  the  blacksmith's  shop, 

44572  with  the  necessary  tools,  iron,  and  steel  heretofore  allowed  to 

44573  the  Winnebagoes,  on  the  waters  of  the  Hock  Kiver,  by  the 

44574  third  article  of  the  treaty  made  with  the  Winnebago  Nation  at 

44575  Prairie  du  Chien  on   the  first   day  of  August,   one   thousand 
4457G  eight  hundred  and  twenty  nine. 

ARTICLE  7.  And  it  is  further  stipulated  and  agreed  by  the 

United  States  that  there  shall  be  allowed  and  issued  to  the 

U579    Wiuuebagoes  required  by  the  terms  of  this  treaty  to  remove 

.4580    within  their  new  limits,  soldiers'  rations  of  bread  and  meat  for 

381    thirty  days:  Provided,  That  the  whole  number  of  such  rations 

shall  not  exceed  sixty  thousand. 

ARTICLE  8.  The  United  States,  at  the  request  of  the  Winne. 
bago  Nation  of  Indians  aforesaid,  further  agree  to  pay  to  the 
following-mimed  persons  the  sums  set  opposite  their  names  re 
spectively,  viz:  To  Joseph  Ogee,  two  hundred  and  two  dollars 
fty  cents;  to  William  Wallace,  four  hundred  dollars;  and 
:o  John  Dougherty,  four  hundred  and  eighty  dollars,  amounting 
to  one  thousand  and  eighty. two  dollars  and  fifty  cents, 
hich  sum  is  in  full  satisfaction  of  the  claims  brought  by  said 
rsons  against  said  Indians  and  by  them  acknowledged  to  be 
•±4jj_    justly  due. 

AKTICLE  9.  On  demand  of  the  United  States  commission- 

t  is  expressly  stipulated  and  agreed  that  the  Winnebago 

Nation  shall  promptly  seize  and  deliver  up  to  the  commanding 

officer  of  some  United  States  military  post,  to  be  dealt  With  ac 


1001 

44597  cording   to   law,  the    following   individual   Winuebagoes,    viz: 

44593  Koo-zee-ray-Kaw,  Moy  ehe-nun-Kaw,  Tshik-o  ke-maw  kaw,  Ah- 

44599  hun-see-kaw,  and   Waw-zee-ree-kay-hee-wee-kaw,   who  are  ac- 

44000  eased  of  murdering  or  of  being  concerned  in  the  murdering  of 

44601  certain  American  citizens  at  or  near  the  Bine  Mound,  in  the 

4400.5  Territory  of  Michigan  ;  Naw-saw-nay-he-kaw,  and  Toag-ra-uaw- 

44003  koo-ray-see-ray-kaw,  who  are  accused  of  murdering,  or  of  being 

44604  concerned  in  murdering,  one  or  more   American  citizens  at  or 

44605  near  Kellogg's  Grove,  in  the  State  of  Illinois ;  and  also  Waw-kee- 

44606  aun-shaw  and   his  son,  who  wounded,  in  attempting  to  kill,  an 

44607  American  soldier,  at  or  near  Lake  Kosh-ke-uong,  in  the  said 

44608  Territory;  ail  of  which  offences  were  com.-nittdd  in  the  course  of 

44609  the  past  spring  and  summer.     And   till  these  several  stipula- 

44610  tions  are  faithfully  complied  with  by  the  Wiunebago  Nation,  it 

44611  is  further  agreed  that  the  payment  of  the  annuity  often  thou- 
44(>12  sand  dollars  secured  by  this  treaty  shall  be  suspended. 

44613  ARTICLE  10.  At  the  special  request  of  the  Winnebago  Na- 

44614  tion,  the  United  States  agree  to  grant  by  patent,  in  fee-simple, 

44615  to  the  following-named   persons,  all  of  whom  are  Wiunebagoes 

44616  by  blood,  lauds  as  follows:  To  Pierre  Paquette,  three  sections; 

44617  to  Pierre  Paquette,  junior,  one  section  j  to  Therese  Paquette, 

44618  one  section  ;  and  to  Caroline  Harney,  one  section.     The  lands 

44619  to  be  designated   under  the  direction  of  the  President  of  the 

44620  United  States  within  the  country  herein  ceded  by  the  Wiune- 

44621  bago  Nation. 

44622  ARTICLE  11.   In  order  to  prevent   misapprehensions  that 

44623  might  disturb  peace  and  friendship  between  the  parties  to  this 

44624  treaty,  it  is  expressly  understood  that  no  band  or  party  of  Win- 

44625  nebagoes  shall  reside,  plant,  fish,  or  hunt  after  the  first  day  of 

44626  June  next  on  any  portion  of  the  country  herein  ceded  to  the 

44627  United  States. 

44628  ARTICLE  12.   This  treaty  shall  be  obligatory  on  the  con- 

44629  tracting  parties  after  it  shall  be  ratified  by  the  President  and 

44630  Senate  of  the  United  States. 

44631  Proclaimed  February  13,  1833. 

44632  N.  B. — All  the  stipulations  of  the  foregoing  treaties  with  the 

44633  Winnebagos,  requiring  services  to  be  performed,  supplies  fur- 

44634  nished,  or  payments  made  at  designated  times  and  places,  are 

44635  abrogated  by  the  fifth  article  of  the  treaty  proclaimed  June  16, 
44t?36  1838,  (next  succeeding  treaty.) 

44637  Articles  of  a  treaty  made  at  the  city  of  Washington,  between  Carey 

44638  A.  Harris,  thereto  specially  directed  by  the  President  of  the 

44639  United  States,  and  the  Winnebajo  Nation  of  Indians,  by  their 

44640  chiefs  and  delegates. 

44641  ARTICLE  1.  The  Winuebago    Nations  of  Indians  cede  to 

44642  the  United  States  all  their  land  east  of  the  Mississippi  River. 

*126  I  T 


1002 

44643  ARTICLE  2.  The  said    India  IKS  further  agree  to  relinquish  the 

44IU4  right  to  occupy,  except  for  the  purpose  of  hunting,  a  portion  of 

44IJ45  the  land  held  by  them  west  of  the  Mississippi,  included  between 

44640  that  river  and  a  line  drawn   from  a  point  twenty  miles  distant 

44047  therefrom  on  the  southern  boundary  of  the  neutral  ground  to  a 

44048  point,  equidistant  from  the  said  river,  on  the  northern  boundary 
44649  thereof.     But  this  stipulation  shall  not  be  so  construed  as  to 
44050  invalidate  their  title  to  the  said  tract. 

440,")!  ARTICLE  3.  The  said  Indians  agree  to  remove,  within   eight 

44652  months  from  the  ratification  of  this  treaty,  to  that  portion   of 

44053  the  neutral  ground  west  of  the  Mississippi  which  was  conveyed 

44054  to  them  in  the  second  article  of  the  treaty  of  September  21st, 
4465")  1832,  and  the  United  States  agree  that  the  said  Indians  may 
44050  hunt  upon  the  western    part  of  said   neutral   ground  until  they 

44057  shall  procure  a  permanent  settlement. 

44058  ARTICLE  4.  In  consideration  of  the  cession  and  relinquish- 

44059  ment  contained  in   the  preceeding  articles,   the  United  States 

44000  agree  to  the  following  stipulations  on  their  part. 

44001  First.  To  set  apart  the  sum  of  two  hundred  thousand  dollars 
44062  (8200,000)  for  the  following  purposes  : 

44003  To  pay  to  the  individuals  herein  named  the  sum  specified  for 

44004  each.    To  Nicholas  Boilvin,  six  thousand  dollars  ($6,000  ;  )  to  the 

44005  other  four  children  of  Nicholas  Boilvin,  formerly  agent  for  said 
44000  nation,  four  thousand  dollars  ($4,000)  each  ;  to  Catherine  Myott, 
44007  one    thousand    dollars,   ($1,000;)    to    Hyancmthe    St.  Cyr,    one 
440'iS  thousand  dollars,  ($1,000  ;)  to  the   widow  of  Henry  Gratiot,  late 
44609  sub-agent  of  the  nation,  in  trust  for  her  eight  children,  ten  thou- 

44070  sand  dollars,  ($10,000;)  to  H.  L.  Dousman,  in  trust  for  the  chil- 

44071  dren  of  Pierre  Paquette,  late  interpreter  for  the   nation,  three 

44072  thousand  dollars,   ($3,000;)    to  Joseph  Brisbois,   two  thousand 

44073  dollars,  ($2,000;)  to  Satterlee   Clark,  junior,  two   thousand  dol- 
44674  lars,  ($2,000;)  to  John  Roy,  two  thousand   dollars,  ($2,000;)  to 
44075  Antoine  Grignon,  two  thousand   dollars,   ($2,000;)  to  Jane  F. 
44070  Koletto,  two  thousand  dollars,  ($2,000;)  to  George  Fisher,  one 

44077  thousand  dollars,   ($1,000;)  to  Theresa  Roy,  one  thousand  dol- 

44078  lars,    ($1,000;)    to  Domitille    Brisbois.   one    thousand    dollars, 
($1,000.)    These  sums  are  allowed,  at  the  earnest   solieition  of 

»-SO  the  chiefs  and  delegates,  for.suppiies  and   services  to  the  nation 

44081  afforded  by  these  individuals. 

The  balance  of  the  above  sum  of  two  hundred  thousand  dol- 

>83  lars  ($200,000)  shall  be  applied  to  the  debts  of  the  nation  which 

may  be  ascertained  to  be  justly  due,  and  which  may  be  admitted 

by  the    Indians:    Provided,   That  if  all   their  just  debts  shall 

386  amount  to  more  than   this  balance,  their  creditors  shall   be  paid 

pro  rata,  upon  their  giving  receipts  in  full ;  and  if  the  just  debts 

shall  fall  short  of  said  balance,  the  residue  of  it  shall  be  invested 


10C3 

41689  for  the  benefit  of  the  nation  :  Awl  prorMrt  aho,  That  no  claim 

44690  for  depredations  shall  be  paid  out  of  said  balance. 

44691  Second.  To  pay,  under  the  direction  of  the  President  to  the 
relations  and  friends  of  said  Indians,  having  not  less  than  oue- 

44693  quarter  of  Winnebago   blood,   one   hundred   thousand  dollars, 

44694  ($100,000.) 

Third.  To  expend,  for  their  removal  to  the  lands  assigned 

44696  them,  a  sum  not  exceeding  seven  thousand  dollars,  ($7,000.) 

44697  Fourth.  To  deliver  to  the  chiefs  and  delegates,  on  their  arri- 

44698  val  at  St.  Louis,  goods  and  horses  to  the  amount  of  three  thou- 

44699  sand  dollars,  ($3,000;)  and  also  to  deliver  to  them,  as  soon  as 

44700  practicable  aft^r  the  ratification  of  this  treaty,  and  at  the  expense 

44701  of  the  United  States,  goods  to  the  amount  of  forty-seven  tliou- 

44702  sand  dollars,  ($47,000.) 

44703  Fifth.  To  deliver  to  them  provisions  to  the  amount  of  ten 

44704  thousand  dollars,  ($10,003.)  and  horses  to  the  same  amount. 

44705  Sixth.  To  apply  to  the  erection  of  a  grist-mill,  three  thousand 

44706  dollars,  ($3,000.) 

44707  Seventh.  To  expend  in  breaking  up  and  fencing  in  ground 

44708  after  the  removal  of  the  said    Indians,  ten    thousand   dollars, 

44709  ($10,000.) 

44710  Eighth.  To   set   apart   the  sum   of  ten    thousand   dollars, 

44711  ($10.000,)  to  defray  contingent  and  incidental  expenses  in  the 

44712  execution  of  this  treaty,  and  the  expenses  of  an  exploring  party, 

44713  when  the  said  Indians  shall  express  a  willingness  to  send  one  to 

44714  the  country  southwest  of  the  Missouri  River. 

44715  Ninth.  To  invest  the  balance  of  the  proceeds  of  the  lauds 

44716  ceded  in  the  first  article  of  this  treaty,  amounting  to  eleven 

44717  hundred  thousand  dollars,  ($1,100,000;)  and  to  guaranty  to  them 

44718  an  interest  of  Dot  less  than  five  per  cent. 

44719  Of  this  interest,  amounting  to  fifty-five  thousand  dollars, 

44720  ($55,000,)  it  is  agreed  the  following  disposition  shall  be  made: 

44721  For  purposes  of  education,  twenty-eight   hundred  dollars, 

44722  ($2,800.) 

44723  For  the  support  of  an  interpreter  for  the  school,  five  huu- 

44724  dred  dollars,  ($500.) 

41725  For  the  support  of  a  miller,  six  hundred  dollars,  ($600.) 

44726  For  the  supply  of  agricultural  implements  and  assistance, 

44727  five  hundred  dollars,  ($500.) 

44728  For  medical  services  and   medicines,  six  hundred  dollars, 

44729  ($600.) 

44730  The  foregoing  sums  to  be  expended  for  the  objects  specified 

44731  for  the  term  of  twenty-two  years,  and  longer  at  the  discretion  of 

44732  the  President.     If,  at  the  expiration  of  that  period,  or  any  time 

44733  thereafter,  he  shall  think  it  expedient  to  discontinue  either  or 

44734  all  of  the  above  allowances,  the  amount  so  discontinued  shall  be 


1004 

44735  paid  to  said  Winnebago  Nation.     The  residue  of  the  interest, 

4473G  amounting  to  fifty  thousand  dollars,  ($50,000,)  shall  be  paid  to 

44737  said   nation   in    the   following   manner:  Ten   thousand    dollars 

44738  (810,000)  in   provisions,  twenty  thousand    dollars  ($20,000)    in 

44739  good's,  and  twenty  thousand  dollars  ($20,000)  in  money. 

44740  ARTICLE  5.  It  is  understood  and  agreed  that  so  much  of 
41741  the  stipulations  in  existing  treaties  with  said  Winnebago  Nation 
44741'  as  requires  services  to  be  performed,  supplies  furnished,  or  pay- 

44743  ments  made  at  designated  times  and  places,  shall  be  henceforth 

44744  null  and  void;  and  those  stipulations  shall  be  carried  into  ef- 
4474,")  feet  at  such  times  and  at  such  points  in  the  country  to  which 
4474G  they  are  about  to  remove  as  the  President  may  direct. 

44747  ARTICLE  (}.  This  treaty  to  be  binding  on  the  contracting 

44748  parties  when  it  shall  be  ratified  by  the  United  States. 

44749  Proclaimed  June  1G,  1838. 

44750  Articles  of  a  treaty  made  and  concluded  at  the  city  of  Washington, 

44751  on  the  thirteenth  day  of  October,  in  the  year  one  thousand  eight 

44752  hundred  and  forty  six,  between  the   United  States,  of  the  one 

44753  part,  by  their  commissioners,  Albion  K.  Parris,  John  J.  Abert, 

44754  and  T.  P.  Andrews,  and  the  Winnebayo  tribe  of  Indians,  of  the 

44755  other  part,  by  a  full  delegation  of  said  tribe,  specially  appointed 
4475G  by  the  chiefs,  head-men,  and  warriors  thereof. 

44757  ARTICLE  1.  It  is  solemnly  agreed  that  the  peace  and  friend- 

44758  ship  which  exist  between  the  people  of  the  United  States  and 

44759  the  Winnebago  Indians  shall  be  perpetual,  the  said  tribe  of  In- 
44700  dians  giving  assurance  hereby  of  fidelity  and  friendship  to  the 
44761  Government  and  people  of  the  United  States,  and  the  United 
447G2  States  giving  to  them,  at  the  same  time,  promise  of  all  proper 
447G3  care  and  parental  protection'. 

447G4  ARTICLE  2.  The  said  tribe  of  Indians  hereby  agree  to  cede 

447G5  and  sell,  and  do  hereby  cede  and  sell,  to  the  United  States,  all 

447(i(>  right,  title,  interest,  claim,  and  privilege  to  all  lands,  wherever 

44707  situated,  now  or  heretofore  occupied  or  claimed  by  said  Indians, 

within  the  States  and  Territories  of  the  United  States,  and  espe- 

44* 09  cially  to  the  country  now  occupied,  inhabited,  or  in  any  way  used 

44770  by  them,  called  the  "neutral  ground,"  which  tract  of  country 

14771  was  assigned  to  said  Indians  by  the  second  article  of  the  treaty 

44^72  of  Fort  Armstrong,  concluded  on  the  fifteenth  day  of  September, 

44773  1832,  and  ratified  on  the  thirteenth  day  of  February  following. 

14774  (See  page  1001.) 

ARTICLE  3.  In   consideration   of   the   foregoing    purchase 

from  or  cession  by  the  said  Indians,  the  United  States  hereby 

44777  agree  to  purchase  and  give  to  the  said  Indians,  as  their  home," 

to  be  held  as  all  Indians'  lauds  are  held,  a  tract  of  country  north 


1005 

44770  of  St.  Peter's  and  west  of  the  Mississippi  Kivers,  of  not  less 

44780  than  eight  hundred-  thousand  acres,  which  shall  be  suitable  to 

44781  their  habits,  wants,  and  wishes:  Provided,  Such  land  can  be 

44782  obtained  on  just  and  reasonable  terms. 

44783  ARTICLE  4.  The  United  States  agree  to  pay  to  said  tribe  of 

44784  Indians  the  sum  of  one  hundred  and  fifty  thousand  dollars  for 
41785  the  land,  and  the  sum  of  forty  thousand  dollars  for  release  of 

44786  hunting  privileges  on  the  lauds  adjacent  to  their  present  home, 

44787  making  the  sum  of  one  hundred  and  ninety  thousand  dollars, 

44788  being  in  further  consideration  of  the  cession  or  sale  made  to  the 
44780  United  States  by  the  second  article  of  this  treaty,  to  be  paid  as 

44700  follows  :  Forty  thousand  dollars  to  enable  them  to  comply  with 

44701  their  present  just  engagements,  and  to  cover  the  expenses  of 

44702  exploring  and  selecting  (by  their  own  people,  or  by  an  agent  of 

44703  their  own  appointment)  their  new  home;  twenty  thousand  dol- 

44704  lars  in  consideration  of  their  removing  themselves,  and  twenty 

44705  thousand  dollars  in  consideration  of  their  subsisting  themselves 

44706  the  first  year  after  their  removal ;  ten  thousand  dollars  to  be 
41707  expended  for  breaking  up  and  fencing  lauds,  under  the  direction 
44708  of  the  President  of  the  United  States,  at  their  new  home;  ten 
44700  thousand  dollars  to  be  set  apart  and  applied,  under  the  direction 

44800  of  the  President,  to  the  creation  and  carrying  on  of  one  or  more 

44801  manual-labor  schools  for  the  benefit  of  said  tribe  of  Indians,  and 

44802  five  thousand  dollars  for  building  a  saw  and  grist  mill.     The 

44803  balance  of  said  sum  of  one  hundred  and  ninety  thousand  dollars, 

44804  viz,  eighty-five  thousand  dollars,   to  remain  in  trust  with  the 

44805  United  States,  and  five  per  cent,  interest  thereon  to  be  paid 

44806  annually  to  said  tribe,  or  applied  for  their  benefit,  as  the  Presi- 

44807  dent  of  the  United  States  may  from  time  to  time  direct,  for  the 

44808  period  of  thirty  years,  which  shall  be  in  full  payment  of  the  said 
44800  balance :  Provided,     That   no   part   of  the   said    consideration 

44810  moneys  shall  be  paid  until  after  the  arrival  of  said  tribe  of  In- 

44811  dians  at  their  new  home  and  appropriations  shall   have  been 

44812  made  by  Congress;  and  that  the  sums  for  meeting  their  present 

44813  engagements,  for  removal  and  subsistence,  and  for   exploring 

44814  their  new  home,  shall  be  paid  to  the  chiefs  in  open  council,  in 

44815  such  a  manner  as  they  in  said  council  shall  request. 

44816  ARTICLE  5.  It  is  further  agreed  by  the  parties  to  this  treaty 

44817  that  the  said  tribe  of  Indians  shall  remove  to  their  new  home 

44818  within  one  year  after  the  ratification  of  this  treaty,  and  their 
44810  new  home  shall  have  been   procured  for  them,  and  they  duly 

44820  notified  of  the  same. 

44821  ARTICLE  6.  It  is  further  agreed  by  the  parties  to  this  treaty 

44822  that  the  President  may.  at  his  discretion,  (should  heat  any  time 
4^823  be  of  opinion  that  the  interest  of  the  Indians  would  be  thereby 
44824  promoted,)  direct  that  any  portion  of  the  money,  not  exceeding 


1006 

448<>5  ten  thousand  dollars  per  annum,  now  paid  in  goods,  as  provided 

44826  for  by  the  last  clause  of  the  fourth  article  of  the  treaty  of  the 

44827  first  of  November,  1837,  be  applied  to  the  purchase  of  additional 

44828  provisions,  or  to  other  purposes. 

44829  Proclaimed  February  4,  1847. 

44830  FRANKLIN  PIERCE,  President  of  the  United  States  of  America, 

44831  to  all  and  singular  to  whom  these  presents  shall  come,  greet  - 

44832  ing: 

44833  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 
44S34  Washington,  on  the  twenty-seventh  day  of  February,  eighteen 
44835  hundred  arid  fifty -five,  by  George  W.  Manypenny,  as  commis- 
44830  sioner  on  the  part  of  the  United  States,  and  the  following-named 

44837  chiefs  and  delegates  of  the  Winnebago  tribe  of  Indians,  viz: 

44838  Waw-kon-chaw-koo-kaw,  The  Coming  Thunder,  or  Kinnoskik ; 

44839  Sho-go  nik-ka\v,   or    Little   Hill;   Maw-he-coo  sha-naw-zhe  kaw, 

44840  One  that  Stands   and  Reaches   the   Skies,  or   Little    Decorie; 

44841  Waw-kon  ehaw-hoo-no-kaw,  or  Little  Thunder;   Hoouk-hoo  uo- 

44842  kaw,  Little  Chief,  or  Little  Priest;  Honch-hutta-kaw,or  BigBear; 

44843  Watch-ha  ta-kaw,  or  Big  Canoe;  Ha-zhum  kee-kaw,  or  One  Horn ; 

44844  Ha  zee-kaw,  or  Yellow  Bank ;  and  Baptiste  Lassallier,  they  being 

44845  duly  authorized  by  said  tribe;  which  treaty  is  in  the  words  fol- 

44846  lowing,  to  wit: 

44847  Articles  of  agreement  and  convention,  made  and  concluded  at 

44848  Washington  City  on  the  twenty-seventh  day  of  February, 

44849  eighteen  hundred  and  fifty-five,  between  George  W.  Many- 

44850  penny,  commissioner  on  the  part  of  the  United  States,  and 

44851  the  following-named  chiefs  and  delegates  representing  the 

44852  WTinnebago  tribe  of  Indians,  viz:  Waw-kon-chaw-koo-kaw, 
The  Coming  Thunder,  or  Kinnoshik  ;    Sho-go-nik-kaw,  or 
Little  Hill ;  Maw-he-coo-shah-naw-zhe  kaw,  One  that  Stands 

W55  and  Reaches  the  Skies,  or  Little  Decorie  ;  Waw-kon-chaw- 

hoo-no-kaw,  or  Little  Thunder;    Hoonk-hoo-no-kaw,  Little 
Chief,  or   Little   Priest;    Honch-hut ta-kaw,  or   Big   Bear; 
Wach-ha-ta  kaw,  or  Big  Canoe;   Ha-zurn-kee-kaw,  or  One 
Horn;  Ha-zee-kaw,  or  Yellow  Bank ;  and  Baptiste  Lassal 
lier,  they  being  thereto  duly  authorized  by  said  tribe. 
ARTICLE!.  The  Winnebago  Indians  hereby  cede,  sell,  and 
convey  to  the  United  States  all  their  right,  title, "and  interest  in 
and  to  the  tract  of  land  granted  to  them  pursuant  to  the  third 
article  of  the  treaty  concluded  with  said  tribe  at  Washington 
City  on  the  thirteenth  day  of  October,  one  thousand  eight  hun 
dred  and  forty  six,  (next  preceding,)  lying  north  of  St.  Peter's  River 
and  west  of  the  Mississippi  River,  in  the  Territory  of  Minnesota, 
d  estimated  to  contain  about  eight  hundred  and  ninety-seven, 
thousand  and  nine  hundred  (897,900)  acres ;  the  boundary-lines  of 


1007 

44870  which  are  thus  described  in  the  second  article  of  the  treaty  con 

44871  eluded  between  the  United  States  and  the  Chippewa  Indians  of 
44S72  the  Mississippi  and  Lake  Superior,  on  the  second  day  of  August, 

44873  one  thousand  eight  hundred  and  forty  seven,  viz :  "Beginning 

44874  at  the  junction  of  the  Crow  Wing  and  Mississippi  Rivers;  thence 

44875  up  the  Crow  Wing  River,  to  the  junction  of  that  river  with  the 

44876  Long  Prairie  River;  thence  up  the  Long  Prairie  River  to  the 

44877  boundary  line  between  the  Sioux  and  Cliippewa  Indians;  thence, 

44878  southerly  along  the  said  boundary  Hue  to  a  lake  at  the  head  of 

44879  Long  Prairie  River;  thence  in  a  direct  line  to  the  sources  of 

44880  the  Watab  River;  thence  down  the  Watab  to  the  Mississippi 

44881  River;  thence  up  the  Mississippi  to  the  place  of  beginning : " 

44882  Provided,  however,  That  the  portions  of  said  tract  embracing  the 

44883  improved  lands  of  the  Indians,  the  grist  and  saw  mill,  and  all 

44884  other  improvements  made  for  or  by  them,  shall  be  specially  re- 

44885  served  from  pre-emption,  sale,  or  settlement  until  the  said  mills 
41880  and  improvments,  including  the  improvements  to  the  land,  shall 
44887  have  been  appraised  and  sold,  at  public  sale,  to  the  highest  bid- 
448S8  der,  for  the  benefit  of  the  Indians,  but  no  sale  thereof  shall  be 

44889  made  for  less  than  the  appraised  value.     And  the  President  may 

44890  prescribe  such  rules  and  regulations  in  relation  to  said  sale  as 

44891  he  may  deem  proper  ;  and  the  person  or  persons  purchasing  said 

44892  mills  and  improvements  shall  have  the  right,  when  the  land  is 

44893  surveyed,  to  enter  the  legal  subdivisions  thereof,  including  the 

44894  improvements  purchased  by  them,  at  one  dollar  and  twenty-five 

44895  cents  per  acre. 

44896  ARTICLE  2.  In  consideration  of  the  cessions  aforesaid,  and 

44897  in  full  compensation  therefor,  the  United  States  agree  to  pay  to 

44898  the  said  Indians  the  sum  of  seventy  thousand  dollars,  ($70,000,) 

44899  and  to  grant  them,  as  a  permanent  home,  a  tract  of  land  equal 

44900  to  eighteen  miles  square  on  the  Blue  Earth  River,  in  the  Terri- 

44901  tory  of  Minnesota,  which  shall   be  selected  and  located  by  the 

44902  agent  of  the  Government  and  a  delegation  of  the  Winnebagoes 

44903  immediately  after  the  ratification  of  this  instrument,  and  after 

44904  the  necessary  appropriations  to  carry  it  into  effect  shall  have 

44905  been  made;  and  a  report  of  such  selection  and  location  shall  be 
44900  made  in  writing  to  the  superintendent  of  Indian  affairs  for  the 

44907  Territory  of  Minnesota,  who  shall  attach  his  official  signature  to 

44908  the  same,  and  forward  it  to  the  Commissioner  of  Indian  Affairs  ; 

44909  and  the  country  thus  selected  shall  be  the  permanent  home  of 

44910  the  said  Indians:  Provided,  Said  tract  shall  not  approach  near- 

44911  er  the  Minnesota  River  than  the  mouth  of  the  La  Serrer  fork  of 

44912  the  Blue  Earth  River. 

44913  ARTICLE  3.  It  is  agreed  that  the  moneys  received  from  the 

44914  sale  ot  the  Indian  improvements,  as  provided  for  in  the  first 

44915  article,  and  the  sum  stipulated  to  be  paid  by  the  second  article 


1008 

44910  of  this  instrument,  shall  be  expended,  under  the  direction  of  the 

44917  President,  in  removing  the  Indians  to  their  new  homes,  including 

44918  those    \vlio  are   now   severed  from  the  main  body  of  the  tribe, 

44919  living  in  Kansas  Territory,  Wisconsin,  or  elsewhere;  in  subsist 

44920  ing  them  a  reasonable  time  after  their  removal  ;  in  making  im- 

44921  provements,  such  as  breaking  and   fencing  land   and  building 

44922  houses  ;    in    purchasing    stock,    agricultural    implements,    and 
4492.'}  household  furniture,  and  for  such  other  objects  as  may  tend  to 

44924  promote  their  prosperity  and  advancement  in  civilization.     And 

44925  the  said  Winnebago  Indians  agree  to  remove  to  their  new  homes 
44920  immediately   after  the  selection  ot  the  tract  hereinbefore  pro- 
44927  vided  for  is  made. 

4492S  ARTICLE  4.  In  order  to  encourage  the  Winnebago  Indians 

44929  to  engage  in  agriculture,  and   such  other  pursuits  as  will   con- 

44930  dtice  to  their  well-being  and  improvement,  it  is  agreed  that,  at 
449,'U  such  time  or  times  as  the  President   may  deem   advisable,  the 

44932  land   herein   provided  to  be  selected   as  their  future  home,  or 

44933  such  portions  thereof  as  may  be  necessary,  shall  be  surveyed  ; 

44934  and  the  President  shall,  from  time  to  time,  as  the  Indians  may 

44935  desire  it,  assign  to  each  head  of  a  family,  or  single  persons  over 
44930  twenty-one  years  of  age,  a  reasonable  quantity  of  land,  in  one 

44937  body,  not  to  exceed  eighty  acres  in  any  case,  for  their  separate 

44938  use;  arid  he  may,  at  his  discretion,  as  the  occupants  thereof  be- 

44939  come  capable  of  managing  their  business  and  affairs,  issue  pat- 

44940  ents  to  them  for  the  tract  so  assigned   to  them,  respectively, 

44941  said  tracts  to  be  exempt  from   taxation,  levy,  sale,  or  forfeiture 

44942  until  otherwise  provided  by  the  legislature  of  the  State  in  which 

44943  they  may  be  situated,  with  the  assent  of  Congress  ;  nor  shall 

44944  they  be  sold  or  alienated,  in  fee,  within  fifteen   years  after   the 
4494.J  date  of  the  patents,  and  not  then   without  the  assent  of  the 
44940  President  of  the  United  States  being  first  obtained.     Prior  to 
44947  the  patents  being  issued  the  President  shall  make  such  rules 

>48  and  regulations  as  he  may  deem  necessary  and  expedient  re- 

1949  specting  the  disposition  of  any  of  said  tracts,  in  case  of  the 

49,jO  death  of  the  person  or  persons  to  whom  they  may  be  assigned, 

W-~>1  so  that  the  same  shall  be  secured  to  the  families  of  such  deceased 

W.iii  persons;  and  should  any  of  the  Indians  to  whom  tracts  may  be 

W.j3  assigned  thereafter  abandon  them,  the  President  may  take  such 

^0-j4  action  in  relation  to  such  abandoned  tracts  as  in  his  judgment 

i9.M  may  be  necessary  and  proper. 

ARTICLE  5.  All  unexpended  balances  now  in  the  hands  of 

157  the  agent  of  the  tribe,  arising  under  former  treaties,  lor  schools, 

19J8  pay  of  interpreter  therefor,  support  of  blacksmiths  and  assist 
ants,  and  also  of  the  sum  of  ten  thousand  dollars  set  apart  by 
the  treaty  of  October  thirteenth,  eighteen  hundred  and  forty-six, 
for  manual-labor  schools,  shall  be  expended  and  applied  in  the 


1009 

44962  opening  of  farms,  building  and  furnishing  of  houses,  and  the 

4963  purchase  of  stock  for  said  Indians.     And  the  stipulations  in  for- 

44964  mer  treaties  providing  for  the  application  or  expenditure  of  par- 

44965  ticular  sums  of  money  for  specific  purposes  are  hereby  so  far 

44966  modified  and  changed  as  to  confer  upon  the  President  the  power, 

967  in  his  discretion,  to  cause  such  sums  of  money,  in  whole  or  in 

968  part,  to  be  expended  for  or  applied  to  such  other  objects  and 

44969  purposes  and  in  such  manner  as  he  shall  deem  best  calculated 

44970  to  promote  the  welfare  and  improvement  of  said  Indians. 

4971  ARTICLE  6.  ]STo  part  of  the  moneys  stipulated  to  be  paid  to 

t972  the  Winnebago  Indians  by  these  articles  of  agreement  and  con- 

44973  vention,  nor  any  of  the  future  instalments  due  and  payable  un- 

44974  der  former. treaties  between  them  and  the  United  States,  shall 
t975  ever  be  taken,  by  direction  of  the  chiefs,  to  pay  the  debts  of  in- 

44976  dividual  Indians  contracted  in  their  private  dealings,  known  as 

44977  national  or  tribal  debts. 

ARTICLE  7.  The  missionaries,  or  other  persons  who  are,  by 

44979  authority  of  law,  now  residing  on  the  lauds  ceded  by  the  first 

44980  article  of  this  agreement,  shall  each  have  the  privilege  of  entering 

44981  one  hundred  arid  sixty  acres  of  the  said  ceded  lauds,  to  include 

44982  any  improvements  they  may  have,  at  one  dollar  and  twenty-five 

44983  cents  per  acre ;  and  such  of  the  mixed-bloods  as  are  heads  of  fam 

44984  ilies,  and  now  have  actual  residences  and  improvements  of  their 

44985  own   in  the  ceded  country,  shall  each  have  granted  to  them,  in  fee- 

44986  eighty  acres  of  land,  to  include  their  improvements:  Provided, 

44987  Uoirever,  That  said  entries  and  grants  shall  in  no  case  be  upon, 

44988  or  in  any  manner  interfere  with,  any  of  the  lands  improved  by  the 

44989  Government,  or  by  or  for  the  Indians,  or  on  which  the  agency 

44990  building,  saw  and  grist  mill,  or  other  public  or  Indian  improve- 

44991  merits  have  been  erected  or  made. 

44992  ARTICLE  8.  The  laws  which  have  been  or  may  be  enacted 

44993  by  Congress  regulating  trade  and  intercourse  with  the  Indian 

44994  tribes  shall  continue  and  be  in  force  within  the  country  herein 

44995  provided  to   be  selected  as  the  future  permanent  home  of  the 

44996  Winnebago  Indians;  and  those  portions  of  said  laws  which  pro- 

44997  hibifc  the  introduction,  manufacture,  use  of,  and  traffic  in  ardent 

44998  spirits  in    the  Indian  country  shall   continue   and   be  in   force 

44999  within  the  country  herein  ceded  to  the  United  States  until  other- 

45000  wise  provided  by  Congress. 

45001  ARTICLE  9.  All  roads  and  highways  authorized  bylaw,  the 

45002  lines  of  which  may  be  required  to  be  laid  through  any  part  of  the 

45003  country  herein  provided  as  the  future  permanent  home  of  the 

45004  Winnebago  Indians,  shall  have  right  of  way  through  the  same, 

45005  a  fair  and  just  value  of  such  right  being  paid  to  the  Indians,  in 

45006  money,  to  be  assessed  and  determined  according  to  the  laws  in 

45007  force  for  the  appropriation  of  land  for  such  purposes. 

*  1 27  IT 


1010 

45008  ARTICLE  10.  The  said  tribe  of  Indians,  jointly  and  severally, 

45009  obligate  and  bind  themselves  not  to  commit  any  depredation  or 

45010  wrong  upon  other  Indians,  or  upon  citizens  of  the  United  States ; 

45011  to  conduct  themselves  at  all  times  in  a  peaceable  and  orderly 

45012  manner;  to  submit  all  difficulties  between  them  and  other  In- 

45013  dians  to  the  President,  and  to  abide  by  his  decision  ;  to  respect 

45014  and  observe  the  laws  of  the  United  States,  so  far  as  the  same 

45015  are  to  them  applicable;  to  settle  down  in  the  peaceful  pursuits 
4501G  of  life ;  to  commence  the  cultivation  of  the  soil ;  to  educate  their 

45017  children,  and  to  abstain  from  the  use  of  intoxicating  drinks  and 

45018  other  vices  to  which  many  of  them  have  been  addicted.     And  the 

45019  President  may  withhold  from  such  of  the  Winnebagoes  as  aban- 

45020  don  their  homes  and  refuse  to  labor,  and  from  the  idle,  inteui- 

45021  perate,  and  vicious,  the  benefits  they  may  be  entitled  to  under 

45022  these  articles  of  agreement  and  convention,  or  under  articles  of 

45023  former  treaties,  until  they  give  evidences  of  amendment  and  be- 

45024  come  settled,  and  conform  to  and  comply  with  the  stipulations 

45025  herein  provided;  or,  should  they  be  heads  of  families,  the  same 
4502G  may  be  appropriated,  under  the  direction  of  the  President,  to  the 

45027  use  and  enjoyment  of  their  families. 

45028  ARTICLE  11.  These  articles  of  agreement  and  convention 

45029  shall  be  in  lieu  of  the  "Articles  of  a  convention  made  and  con- 

45030  eluded  between  Willis  A.  Gorman  and  Johnathan  E.  Fletcher,  on 

45031  the  part  of  the  United  States,  and  the  chiefs  and  head-men  of  the 

45032  Winnebago  tribe  of  Indians,  on  the  6th  day  of  August,  A.  D. 

45033  1853,"  and  the  amendments  of  the  Senate  thereto,  as  expressed 

45034  in  its  resolution  of  July  twenty-first,  eighteen  hundred  and  fifty- 

45035  four,  to  which  amendments  the  said  Winnebago  Indians  refused 
4503G  to  give  their  assent,  which  refusal  was  communicated  to  the 

45037  Commissioner  of  Indian  Affairs  by  the  governor  of  Minnesota 

45038  Territory  on  the  twenty-fourth  of  January,  eighteen  hundred 

45039  and  fifty-five. 

45040  ARTICLE  12.  The  United  States  will  pay  the  necessary  ex- 

45041  penses  incurred  by  the  Winuebago  delegates  in  making  their 

45042  present  visit  to  Washington,  while  here,  and  in  returning  to  their 

45043  homes. 

ARTICLE  13.  This  instrument  shall  be  obligatory  on  the  cou- 

45045  tractiug  parties  as  soon  as  the  same  shall  be  ratified  by  the  Presi- 

4504G  dent  and  the  Senate  of  the  United  States. 

45047  Proclaimed  March  23,  1855. 


1011 

45048  Treaty  between  the  United  States  and  the  Winnebago  tribe  of  In- 

45049  diam,  concluded  April  15, 1859  ;  ratified  by  the  Senate  March 

45050  16.  1861. 

45051  PROCLAMATION. 

45052  ABRAHAM  LINCOLN,  President  of  the  United  States  of  America, 

45053  to  all  and  singular  to  whom  these  presents  shall  come,  greet- 

45054  ing : 

45055  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

45056  Washington  the  fifteenth  day  of  April,  eighteen  hundred  and 

45057  fifty-nine,  by  and  between  Charles  E.  Mix,  commissioner  on  the 

45058  part  of  the  United  States,  and  the  hereinafter-named  chiefs  and 

45059  delegates  of  the  Winnebago  tribe  of  Indians,  they  being  duly 

45060  authorized  thereto  by  said  tribe,  which  treaty  is  in  the  words 
4506L  and  figures  following,  to  wit: 

45002  Articles  of  agreement  and  convention  made  and  concluded  at 

45063  Washington  City  on  the  fifteenth  day  of  April,  eighteen 

45064  hundred  and  fifty-nine,  by  and  between   Charles  E.  Mix, 

45065  commissioner  on  the  part  of  the  United  States,  and  the  fol- 

45066  lowing-named  chiefs  and  delegates  representing  the  Win- 

45067  nebago  tribes  of  Indians,  viz :  Baptiste  Lassalleur,  Littte 

45068  Hill,  Little  De-Corie,  Prophet,  Wakon,  Couo-hutta-kau,  Big 

45069  Bear,  Rogue,  Young  Frenchman,  One  Horn,  Yellow  Banks, 

45070  and  O-o-kau,  they  being  thereto  duly  authorized  by  said 

45071  tribe. 

45072  ARTICLE  1.  The  Winnebago  Indians  having  now  more  lands 

45073  than  are  necessary  for  their  occupancy  and  use,  and  being  de- 

45074  sirous  of  promoting  settled  habits  of  industry  and  enterprise 

45075  amongst  themselves  by  abolishing  the  tenure,  iu  common,  by 

45076  which  the}7  now  hold  their  lauds,  and  by  assigning  limited 

45077  quantities  thereof,  in  severalty,  to  the  members  of  the  tribe,  in- 

45078  eluding  their  half  or  mixed  blood  relatives   now  residing  with 

45079  them,  to  be  cultivated  and  improved  for  their  own  individual  use 

45080  and  benefit,  it  is  hereby  agreed  and  stipulated  that  the  eastern 

45081  portion  of  their  present  reservation,  embracing  townships  one 

45082  hundred  and  six  (106)  and  one  hundred  and  seven,  (107,)  range 

45083  twenty-four,  (24,)  and  one  hundred  and  six  (106)  and  one  hun- 

45084  dred  and  seven,  (107,)  range  twenty -five,  (25,)  and  the  two  strips 

45085  of  land  immediately  adjoining  them  on  the  east  and  north,  shall 

45086  be  set  apart  and  retained  by  them  for  said  purposes ;  and  that 

45087  out  of  the  same  there  shall  be  assigned  to  each  head  of  a  family 

45088  not  exceeding  eighty  acres,  and  to  each  male  person,  eighteen 

45089  years  of  age  and  upwards,  without  family,  not  exceeding  forty 

45090  acres  of  land,  to  include,  in  every  case,  as  far  as  practicable,  a 

45091  reasonable  proportion  of  timber;  one  hundred  and  sixty  acres 

45092  of  said  retained  lands  in  a  suitable  locality  shall  also  be  set 


1012 

45093  apart  ami  appropriated  to  the  occupancy  ami  use  of  the  agency 

45004  for  said  Indians.    The  hinds  to  be  so  assigned,  including  those 

45095  for  the  use  of  the  agency,  shall  be  in  as  regular  and  compact  a 

450()<;  body  as  possible,  and  so  as  to  admit  of  a  distinct  and  well-defined 

45097  exterior  boundary,  embracing  the  whole  of  them  and  any  inter. 

45098  mediate  portions  or  parcels  of  land  or  water  not  included  in  or 

45099  made  part  of  the  tracts  assigned  in  severally.     Any  such  inter- 

45100  mediate  parcels  of  laud  and  water  shall  be  owned  by  the  Wiu- 

45101  nebagoes  in  common,  but  in  case  of  increase  in  the  tribe,  or 

45102  other  cause  rendering  it  necessary  or  expedient,  the  said  iiitcr- 

45103  mediate  parcels  of  land  shall  be  subject  to  distribution  and  as. 

45104  sigument,  in  severalty,  in  such  manner  as  the  Secretary  of  the 

45105  Interior  shall  prescribe  and  direct.     The  whole  of  the  lauds  as. 
45100  signed  or  unassigned,  in  severalty,  embraced  within  the  said  ex- 

45107  terior  boundary,  shall  constitute  and  be  known  as  the  Winne- 

45108  bago  reservation,  within  and  over  which  all  laws  passed  or  which 

45109  may  be  passed  by  Congress  regulating   trade  and  intercourse 

45110  with  the  Indian  tribes  shall  have  full  force  and  effect.     And  no 

45111  white  person,  except  such  as  shall  be  in  the  employment  of  the 

45112  United  States,  shall  be  allowed  to  reside  or  go  upon  any  portion 

45113  of  said  reservation  without  the  written  permission  of  the  super- 

45114  intendeut  of  Indian  affairs  or  of  the  agent  for  the  tribe.     Said 

45115  division  and  assignment  of  lands  to  the  Winnebagoes,  in  sever 
4511G  alty,  shall  be  made  under  the  direction  of  the  Secretary  of  the 

45117  Interior,  and,  when  approved  by  him,  shall  be  final  and  coiiclu- 

45118  sive.    Certificates  shall  be  issued  by  the  Commissioner  of  In- 

45119  dian  Affairs  for  the  tracts  so  assigned,  specifying  the  names  of 

45120  the  individuals  to  whom  they  have  been  assigned,  respectively, 

45121  and  that  they  are  for  the  exclusive  use  and  benefit  of  themselves, 

45122  their  heirs  and  descendants.    And  said  tracts  shall  not  be  alien- 

45123  ated  in  fee,  leased,  or  otherwise  disposed  of  except  to  the  United 

45124  States,  or  to  other  members  of  the  tribe,  under  such  rules  and 

45125  regulations  as  may  be  prescribed  by  the  Secretary  of  the  Inte- 

45126  rior;  and  they  shall  be  exempt  from  taxation,  levy,  sale,  or  for 

45127  feiture  until  otherwise  provided  for  by  Congress.    Prior  to  the 
issue  of  said  certificates,  the  Secretary  of  the  Interior  shall  make 
such  rules  and  regulations  as  he  may  deem  necessary  and  expe. 

45130    dient  respecting  the  disposition  of  any  of  said  tracts  in  case  of 

the  death  of  the  person  or  persons  to  whom  they  may  be  as. 

signed,  so  that  the  same  shall  be  secured  to  the  families  of  such 

.33    deceased  persons  ;  and  should  any  of  the  Indians  to  whom  tracts 

shall  be  assigned  abandon  them,  the  said  Secretary  may  take 

35    such  action  in  relation  to  the  proper  disposition  thereof  as  in  his 

45130    judgment  may  be  necessary  and  proper. 

ARTICLE  2.  For  the  purpose  of  procuring  the  means   of 
comfortably  establishing  the  Winnebagoes  upon  the  lauds  to  be 


1013 

45139  assigned  to  them  iu  severally,  by  building  them  bouses,  and  by 

45140  furnishing  them  with   agricultural  implements,  stock-animals, 

45141  and  other  necessary  aid  and  facilities  for  commencing  agricul- 

45142  tural   pursuits   under  favorable  circumstances,  the  lands  em- 

45143  braced  in  that  portion  of  their  reservation  not  stipulated  to  be 

45144  retained  and  divided,  as  aforesaid,  shall  be  sold,  under  the  direc- 

45145  tion  of  the  Secretary  of  the  Interior,  in  parcels  not  exceeding 

45146  one  hundred  and  sixty  acres  each,  to  the  highest  bidder  for  cash ; 

45147  the  sales  to  be  made  upon  sealed  proposals  to  be  duly  invited 

45148  by  public  advertisement.     And  should  any  of  the  tracts  so  to  be 

45149  sold  have  upon  them  improvements  of  any  kind  which  were  made 

45150  by  or  for  the  Indians,  or  for  Government  purposes,  the  proposals 

45151  therefor  must  state  the  price  for  both  the  land  and  iinprove- 

45152  rnents.    And  if,  after  assigning  to  all  the  members  of  the  tribe 

45153  entitled  thereto  their  proportions  of  land  in  severalty,  there  shall 

45154  remain  a  surplus  of  that  portion  of  the  reservation  retained  for 

45155  that  purpose,  outside  of  the  exterior  boundary-line  of  the  lands 
45150  assigned  in  severalty,  the  Secretary  of  the  Interior  shall  be  au- 

45157  thorized  and  empowered,  whenever  he  shall  think  proper,  to 

45158  cause  such  surplus  to  be  sold  in  the  same  manner  as  the  other 

45159  lands  to  be  so  disposed  of,  and  the  proceeds  thereof  to  be  paid 

45100  over  to  the  Winnebagoes,  or  used  and  applied  for  their  benefit 

45101  in  such  manner  as  he  shall  deem  to  be  best  for  them. 

45102  ARTICLE  3.  The    Winnebagoes    being  anxious   to   relieve 

45103  themselves  from  the  burden  of  their  present  liabilities,  and  it 

45104  being  essential   to  their  welfare  and  best  interests  that   they 

45105  shall  be  enabled  to  commence  their  new  mode  of  life  and  pursuits 
45100  free  from  the  annoyance  and  embarrassment  thereof,  or  which 

45107  may  be  occasioned  thereby,  it  is  agreed  that  the  same  shall  be 

45108  liquidated  and  paid  out  of  the  fund  arising  from  the  sale  of  their 

45109  surplus  lands,  so  far  as  found  valid  and  just  on  an  examination 

45170  thereof,  to  be  made  by  their  agent  and  the  superintendent  of 

45171  Indian   affairs    for  the   northern   superintendency,   subject  to 

45172  revision  and  confirmation  by  the  Secretary  of  the  Interior. 

45173  ARTICLE  4.     Should  the  proceeds  of  the  surplus  lauds  of  the 

45174  Winuebagoes  not  prove  to  be  sufficient  to  carry  out  the  purposes 

45175  and  stipulations  of  this  agreement,  and  some  further  aid  be,  from 
45170  time  to  time,  requisite,  to  enable  said  Indians  to  sustain  them- 

45177  selves  successfully  in  agricultural  and  other  industrial  pursuits, 

45178  such  additional  means  as  may  be  necessary  therefor  shall  be 

45179  taken  from  the  moneys  due  and  belonging  to  them  under  the 

45180  provisions  of  former  treaties,  and  so  much  thereof  as  may  be 

45181  required  to  furnish  them  further  aid,  as  aforesaid,  shall  be  ap- 

45182  plied  in  such  manner,  under  the  direction  of  the  Secretary  of 

45183  the  Interior,  as  he  shall  consider  best  calculated  to  promote 

45184  and  advance  their  improvement  and  welfare;  and,  in  order  to 


1014 

45185  render  unnecessary  any  further  treaty  engagements  or  arrange- 

45186  uieuts,  hereafter  with  the  United  States,  it  is  hereby  agreed  and 

45187  stipulated  that  the  President,  with  the  assent  of  Congress,  shall 

45188  have  full  power  to   modify  or  change  any  of  the  provisions 

45189  of  former  treaties  with  the  Winnebagoes  in  such  manner  and  to 

45190  whatever  extent  he  may  judge  to  be  necessary  and  expedient 

45191  for  their  welfare  and  best  interest. 

45192  ARTICLE  5.  The  Winnebagoes,  parties  to  this  agreement, 

45193  are  anxious  that  all  the  members  of  their  tribe  shall  participate 

45194  in  the  advantages  herein  provided  for  respecting  their  perma- 

45195  uent  settlement  and  their  improvement  and  civilization,  and  to 

45196  that  end,  to  induce  all  that  are  now  separated  from,  to  rejoin 

45197  and  unite  with  them.    It  is  therefore  agreed  that,  as  soon  as 

45198  practicable,  the  Commissioner  of  Indian  Affairs  shall  cause  the 

45199  necessary  proceeding  to  be  adopted  to  have  them  notified  of  this 

45200  agreement  and  its  advantages,  and  to  induce  them  to  come  in 

45201  and  unite  with  their  brethren  ;  and,  to  enable  them  to  do  so  and 

45202  to  sustain  themselves  for  a  reasonable  time  thereafter,  such  assist- 

45203  ance  shall  be  provided  for  them,  at  the  expense  of  the  tribe,  as 

45204  may  be  actually  necessary  for  those  purposes :  Provided,  however, 

45205  That  those  who  do  not  rejoin  and  permanently  re- unite  them- 

45206  selves  with  the  tribe  within  one  year  from  the  date  of  the  ratifi- 

45207  cation  of  this  agreement,  shall  not  be  entitled  to  the  benefit  of 

45208  any  of  its  stipulations. 

45209  ARTICLE  6.  All  the  expenses  connected  with  and  incident 

45210  to  the  making  of  this  agreement,  and  the  carrying  out  of  its 

45211  provisions,  shall  be  defrayed  out  of  the  funds  of  the  Winneba- 

45212  goes. 

45213  Proclaimed  March  2.3,  1861. 

45214  Treaty  between  the  United  States  of  America  and  the  Winnebago 

tribe  of  Indians,  concluded  March  8,   1865 ;  ratification  ad 
vised,  with  amendmdit,  February  13, 1SM-,  amendment  accepted 

4.>217  February  20,  1866. 

45218  ANDREW  JOHNSON,  President  of  the  United  States  of  America, 

4o219  

45220 


to  all  and  singular  to  whom  these  presents  shall  come,  greet 


ing 


Whereas  a  treaty  was  made  and  concluded  at  the  city  of 
Washington,  in  the  District  of  Columbia,  on  the  eighth  day  of 


, 

3J,  m  the  year  of  our  Lord  one  thousand  eight  hundred  and 

.          ,  .  , 

8t.  A.  D.  Balcombe,  commissioners  on  the  part  of  the  United 


e,  by  and  between  William  P.  Dole,  Clark  W.  Thompson, 


, 

45^7    p    t(f'  aUd  Little  Hil1'  Littl^  Dwjoria,  Whirling  Thunder,  Young 
rophet,  Good  Thunder,  Young  Crane,  and  White  Breast,  chiefs 


1015 

45228    of  the  Winnebago  tribe  of  Indians,  on  the  part  of  said  tribe  of 
Indians,  and  duly  authorized  thereto  by  them,  which  treaty  is  in 

45230  the  words  and  figures  following,  to  wit : 

45231  Articles  of  treaty  made  and  concluded  at  Washington,  D.  C., 

between  the  United  States  of  America,  by  their  commis 
sioners,  Win.  P.  Dole,  C.  W.  Thompson,  and  St.  A.  D.  Bal- 
combe,  and  the  Winnebago  tribe  of  Indians,  by  their  chiefs, 
Little  Hill,  Little  Decoria,  Whirling  Thunder,  Young  Pro- 

45236  phet,  Good  Thunder,  and  White  Breast,  on  the  8th  day  of 

45237  March,  1865. 

45238  ARTICLE  1.  The  Winnebago  tribe  of  Indians  hereby  cede, 

45239  sell,  and  convey  to  the  United  States  all  their  right,  title,  and 

45240  interest  in  and  to  their  present  reservation  in  the  Territory  of 

45241  Dakota,  at  Usher's  Landing,  on  the  Missouri  River,  the  metes 

45242  and  bounds  whereof  being  on  file  in  the  Indian  Department. 

45243  ARTICLE  2.  In  consideration  of  the  foregoing  cession,  and 

45244  the  valuable  improvements  thereon,  the  United  States  agree  to 

45245  set  apart  for  the  occupation  and  future  home  of  the  Wiuuebago 

45246  Indians,  forever,  all  that  certain  tract  or  parcel  of  laud  ceded  to 

45247  the  United  States  by  the  Omaha  tribe  of  Indians  on  the  sixth 

45248  day  of  March,  A.  D.  1865,  (see  page  569,)  situated  in  the  Ter- 

45249  ritory  of  Nebraska,  and  described  as  follows,  viz:  Commencing 

45250  at  a  point  on  the  Missouri  River  four  miles  due  south  from  the 

45251  north  boundary-line  of  said  reservation  ;  thence  west  ten  miles  ; 

45252  thence  south  four  miles  ;  thence  west  to  the  western  boundary  - 

45253  line  of  the  reservation  ;  thence  north  to  the  northern  boundary- 

45254  line;  tlieuce  east  to  the  Missouri  River,  and  thence  south  along 

45255  the  river  to  the  place  of  beginning. 

45256  ARTICLE  3.  In  further  consideration  of  the  foregoing  ces- 

45257  sion,  and  in  order  that  the  Winnebagos  may  be  as  well  situated 

45258  as  they  were  when  they  were  moved  from  Minnesota,  the  United 

45259  States  agree  to  errect  on  their  reservation,  hereby  set  apart,  a 

45260  good  steam  saw-mill  with  a  grist-mill  attached,  and  to  break  and 

45261  fence  one  hundred  acres  of  land  for  each  band,  and  supply  them 

45262  with  seed  to  sow  and  plant  the  same,  and  shall  furnish  them 

45263  with  two  thousand  dollars'  worth  of  guns,  four  hundred  horses, 

45264  one  hundred  cows,  two  yoke  of  oxen  and  wagons,  two  chains 

45265  each,  and  five  hundred  dollars'  worth  of  agricultural  implements, 

45266  in  addition  to  those  on  the  reserve  hereby  ceded. 

45267  ARTICLE  4.  The  United  States  further  agree  to  erect  on  said 

45268  reservation  an  agency  building,  school-house,  warehouse,  and 

45269  suitable  buildings  for  the  physician,  interpreter,  miller,  engineer, 

45270  carpenter,  and  blacksmith,  and  a  house  18  by  24  feet,  one  and 

45271  a  half  story  high,  well  shingled  and  substantially  finished,  for 

45272  each  chief. 

45273  ARTICLE  5.  The  United  States  also  stipulate  and  agree  to 


1016 

45274  remove  the  \Yinnebago  tribe  of  Indians  and  their  property  to 

45275  their  new  home,  and  to  subsist  the  tribe  one  year  after  their 
4527G    arrival  there. 

45277  Proclaimed  March  28,  I860. 


45278  WYANDOTS. 

45279  Articles  of  a  treaty  made  and  concluded  at  Saint  Mary's,  in  the 

45280  State  of  Ohio,  between  Lewis  Cass,  commissioner  of  the  United 

45281  States,  thereto  specially  authorized  ly  the  President  of  the 

45282  United  States,  and  the  chiefs  and  warriors  of  the  Wyandot 

45283  tribe  of  Indians. 

45284  ARTICLE  J.  The  Wyandot  tribe  of  Indians  hereby  cede  to 

45285  the  United  States  all  the  right  reserved  to  them  in  two  tracts  of 
4528G  land  in  the  Territory  of  Michigan,  one  including  the  village 

45287  called  Brownstown,  and  the  other  the  village  called  Maguagua, 

45288  formerly  in  the  possession  of  the  Wyandot  tribe  of  Indians,  con- 

45289  taining  in  the  whole  not  more  than  live  thousand  acres  of  land  ; 

45290  which  two  tracts  of  land  were  reserved  for  the  use  of  the  said 

45291  Wyandot  tribe  of  Indians  and  their  descendants,  for  the  term 

45292  of  fifty  years,  agreeably  to  the  provisions  of  the  act  of  Congress 

45293  passed  February  28,  1809,  and  entitled  "An  act  for  the  relief  of 

45294  certain  Alabama  and  Wyandot  Indians." 

45295  ARTICLE  2.  In  consideration  of  the  preceding  cession,  the 

45296  United  States  will  reserve  for  the  use  of  the  said  Wyandott  In- 

45297  dians,  sections  numbered  twenty-three,  twenty-four,  twenty-live, 

45298  twenty-six,  thirty-four,  thirty-five,  thirty-six,  twenty-seven,  and 

45299  that  part  of  section  numbered  twenty-two,  which  contains  eight 

45300  acres,  and  lies  on  the  south  side  of  the  river  Huron,  being  in 

45301  the  fourth  township,  south  of  the  base  line,  and   in  the  ninth 

45302  range  east  of  the  first  meridian,  in  the  Territory  of  Michigan,. 

45303  and  containing  four  thousand  nine  hundred  and  ninety-six  acres  ; 

45304  and  the  said  tract  of  land  shall  be  reserved  for  the  use  of  the 

45305  said  Wyandott  Indians  and  their  descendants,  and  be  secured 
4530G  to  them  in  the  same  manner,  and  on  the  same  terms  and  condi- 
45307  tious  as  is  provided  in  relation  to  the  Alabama  Indians  by  the 

first  section  of  the  before-mentioned  act  of  Congress,  except  that 
the  said  Wyandott  Indians  and  their  descendants  shall  hold  the 

ilO  said  land  so  long  as  they  or  their  descendants  shall  occupy  the 

45311  same. 

Proclaimed  January  7,  1819. 


1017 

45313  Treaty  between  the  United  States  of  America  and  the  Wyandott 

45314  Nation  of  Indians. 

45315  JOHN  TYLER,  President  of  the  United  States  of  America,  to  all 

45316  and  singular  to  whom  these  presents  shall  come,  greeting  : 

45317  Whereas  a  treaty  was  made  and  concluded  at  Upper  San- 

45318  dusky,   Crawford  County,   Ohio,   on  the  seventeenth   day   of 
45310  March,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 

45320  forty-two,  between  John  Johnston,  commissioner  on  the  part  of 

45321  the  United  States,  and  the  chiefs,  counsellors,  and  head-men  of 

45322  the  Wyaudott  Nation  of  Indians,  in  full  council  assembled,  on 

45323  the  other  part ;  and 

45324  Whereas  said  treaty  having  been  submitted  to  the  Senate 

45325  for  its  constitutional  action  thereon,  the  Senate  did,  on  the  sev- 

45326  enteenth  day  of  August,  one  thousand  eight  hundred  and  forty  - 

45327  two.  advise  and  consent  to  the  ratification  of  said  treaty  with 

45328  certain  amendments ;  and 

45329  Whereas  the  said  Indians  did,  by  their  chiefs  and  counsel- 

45330  lors,  in  full  council  assembled,  on  the  sixteenth  day  of  Sep- 

45331  tember,  one  thousand  eight  hundred  and  forty-two,  give  their 

45332  free  and  voluntary  assent  to  the   amendments  made  by  the 

45333  Senate  in  the  resolution  aforesaid ;  which  treaty,  resolution  of 

45334  the   Senate  making  the  amendments  to  said  treaty,  and  the 

45335  assent  of  the  Indians  to  said  amendments,  are  in  the  words 

45336  following,  to  wit : 

45337  John  Tyler,  President  of  the  United  States  of  America,  by 

45338  John  Johnston,  formerly  agent  for  Indian  affairs,  now  a  citizen  of 
45331)  the  State  of  Ohio,  commissioner  duly  authorized  and  appointed 

45340  to  treat  with  the  Wyandott  Nation  of  Indians  for  a  cession  of  all 

45341  their  lands  lying  and  being  in  the  States  of  Ohio  and  Michi- 

45342  gan  ;  and  the  duly  constituted  chiefs,  counsellors,  and  head-men, 

45343  of  the  said  Wyandott  Nation,  in  full  council  assembled,  on  the 

45344  other  part,  have  entered  into  the  following  articles  and  con- 

45345  d  it  ions,  viz  : 

45340  ARTICLE  1.     The  Wyandott  Nation  of  Indians  do  hereby 

45347  cede  to  the  United  States  all  that  tract  of  land  situate,  lying, 

45348  and  being  in  the  county  of  Crawford  and  State  of  Ohio,  com- 

45349  monly  known  as  the  residue  of  the  large  reserve,  being  all  of 

45350  their  remaining  lands  within  the  State  of  Ohio,  and  containing 

45351  one  hundred  and  nine  thousand  one  hundred  and  forty-four 

45352  acres,  more  or  less.     The  said  nation  also  hereby  cedes  to  the 

45353  United  States  all  their  right  and  title  to  the  Wyaudott  Keserve, 

45354  on  both  sides  of  the  river  Ilurou,  in  the  State  of  Michigan,  con- 

45355  taining  four  thousand  nine  hundred  and  ninety-six  acres,  be  the 

45356  same  more  or  less,  being  all  the  remaining  lands  claimed  or  set 

45357  apart  for  the  use  of  the  Wyaudotts  within  the  State  of  Michigan  • 

*  128  I  T 


1018 

45358  and  the  United  States  hereby  promises  to  pay  the  sum  of  five 

45351)  hundred  dollars  towards  the  expenses  of  removing  the  Indians 

453GO  of  the  river  Huron  to  Upper  Sandusky,  but  before  the  latter 

453GL  clause  of  this  article  is  binding  on  the  contracting  parties,  the 

453G2  consent  of  the  head-men  of  the  river  Huron  Wyandotts  is  to  be 

453G3  had  in  writing. 

45364  ARTICLE  2.  In  consideration  of  the  foregoing  cession,  the 

453G5  United  States  hereby  grant  to  the  aforesaid  Wyaudott  Nation 

453GG  a  tract  of  land  west  of  the  Mississippi  River,  to  contain  one 

453G7  hundred  and  forty-eight  thousand  acres,  and  to  be  located  upon 

453G8  any  lands  owned  by  the  United  States,  now  set  apart,  or  may  in 

453GO  future  be  set  apart  for  Indian  use,  and  not  already  assigned  to 

45370  any  other  tribe  or  nation. 

45371  ARTICLE  3.  The  United  States  agree  to  pay  the  Wyandott 

45372  Nation  a  perpetual  annuity  of  seventeen  thousand  five  hundred 
4537.')    dollars  in  specie,  the  first  payment  to  be  made  within  the  present 

45374  year,  1842,  to  enable  the  nation  the  more  speedily  to  remove  to 

45375  their  new  home  in  the  West;  this  includes  all  former  annuities. 
4537G  ARTICLE  4.  The  United  States  agree  to  make  a  permanent 

45377  provision  of  five  hundred  dollars  per  annum,  for  the  support  of  a 

45378  school,  to  be  under  the  direction  of  the  chiefs,  and  for  no  other 
45370    purpose  whatever,  the  first  payment  to  be  made  three   years 

45380  hence,  and  afterwards  at  the  payment  of  the  annuity  in  each 

45381  succeeding  year. 

ARTICLE  5.  The  United  States  agree  to  pay  the  Wyandotts 

45383  the  full  value  of  their  improvements  in  the  country  hereby  ceded 

45384  by  them  in  Ohio  and  Michigan,  which  valuation  shall  be  made 

45385  by  two  persons  to  be  appointed  by  the  President  of  the  United 
4538G  States,  who  shall  be  sworn  faithfully  to  do  justice  to  the  parties, 
45387  the  amount  of  such  valuation  to  be  paid  at  any  time  after  the 
4538  1st  day  of  April,  1843,  as  shall  be  acceptable  to  the  Wyandott 
45380  chiefs,,  to  meet  their  arrangements  for  emigrating. 

ARTICLE  G.   The,  United  States  hereby  agree  to  pay  the 

45301     debts  due  by  members  of  the  Wyandott  Nation  to  citizens  of 

the  United  States,  amounting  to  twenty-three  thousand  eight 

4^303    hundred  and  sixty  dollars,  in  conformity  to  a  schedule  hereto 

45304     annexed. 

ARTICLE  7.  The  Wyandotts  shall  be  allowed  the  use  and 

30G    occupancy  of  their  improvements  until  the  1st  of  April,  1844,  on 

the  condition  that  they  nor  any  persons  claiming  or  occupying 

under  them  by  lease  or  otherwise  shall   not  commit  waste  or 

damage  on  the  premises  hereby  ceded,  but  this  is  not  to  prevent 

United  States  from  surveying  and  selling  the  land  at  any 
time  previous  to  the  said  1st  day  of  April,  1844. 

ARTICLE  8.  The  United  States  engage  to  provide  and  sup 
port  a  blacksmith  and  an  assistant  blacksmith  for  the  Wyandott 


1019 

45404  Nation,  and  to  furnish  annually  a  sufficient  quantity  of  iron, 

45405  steel,  coal,  files,  tools,  and  all  other  things  necessary  and  proper 
4540G  in  such  an  establishment,  and  to  erect  a  suitable  shop  and  house 

45407  or  houses  for  the  residence  of  the  blacksmith  and  his  assistant. 

45408  ARTICLE  9.  The  United  States  engage  to  maintain  and  sup- 

45409  port  a  sub-agent  and  interpreter  to  reside  among  the  Wyandotts 

45410  to  aid  them  in  the  protection  of  their  persons  and  property,  and 
45414  to  manage  their  intercourse  with  the  Government  and  citizens 
454113  of  the  United  States. 

45413  ARTICLE  10.  The  buildings  and  farm  occupied  by  the  mis- 

45414  sion  of  the  Methodist  Episcopal  Church  shall  remain  in  posses- 

45415  sion  of  the  present  incumbents  until  the  1st  day  of  April,  1844, 
45410  and  permission  is  hereby  given  to  harvest  and  remove  the  crop 

45417  of  fall-grain  which  may  be  then  sown. 

45418  ARTICLE   11.    All  persons  identified  as  members  of  the 

45419  Wyandott  Nation,  and  their  heirs,  and  who  may  emigrate  to  the 

45420  west,  shall  participate  equally  in  the  benefits  of  the  annuity,  and 

45421  all  other  national  privileges,  and  it  is  expressly  understood  that 

45422  those  who  do  not  emigrate,  and  any  that  may  hereafter  cease  to 

45423  remain  with  the  nation,  will  not  be  entitled  to  the  benefits  and 

45424  privileges  aforesaid. 

45425  ARTICLE  12.  Whereas  by  the  8th  article  of  the  treaty  of 
4542G  Miami  Rapids  of  September  29th,  1817,  (proclaimed  January 

45427  4,  1819;   see  page  197,)  there  was   granted   unto   llorouu,  or 

45428  Cherokee  Boy,  a  Wyandott  chief,  one  section  of  laud,  to  contain 

45429  six  hundred  and  forty  acres;  and  whereas  the  said  Horonu  did 

45430  during  his  life-time  sell  and  convey  to  James  Whitaker  one 

45431  quarter-section  of  said  land,  containing  1GO  acres,  which  sale  was 

45432  confirmed  by  the  President  of  the  United  States.     The  said 

45433  Horouu  died  in  the  month  of  March,  182C,  having  by  his  last 

45434  will  .bequeathed  the  remaining  three  quarter-sections,  contain- 

45435  ing  480  acres,  to  Squecndehtee  and  Sooharress,  or  Isaac  Wil- 
45430  liams,  they  being  the  nearest  of  kin  to  the  deceased,  now  to  the 

45437  intent  that  the  purposes  of  the  testator  may  be  fully  complied 

45438  with,  it  is  hereby  agreed  the  480  acres  of  land,  as  aforesaid, 

45439  shall  be  immediately  sold  under  the  directions  of  the  President 

45440  of  the  United  States,  and  the  nett  proceeds,  after  deducting  all 

45441  expenses,  be  paid  over  to  the  heirs  aforesaid. 

45142  ARTICLE  13.  The  chiefs  of  the  Wyandott  Nation  hereby 

45443  agree  to  remove  their  whole  people  to  the  west  of  the  Missis 

45444  sippi  River  without  any  other  cost  to  the  United  States  than 

45445  the  sum  of  ten  thousand  dollars ;  five  thousand  dollars  of  which 
4544G  is  to  be  paid  the  said  chiefs  when  the  first  detachment  of  their 

45447  people  sets  out  on  their  journey  to  the  west,  and  the  remaining 

45448  five  thousand  dollars  on  the  arrival  of  the  whole  nation  at  the 

45449  place  of  their  destination  in  the  west, 


1020 

45450  ARTICLE  14.  The  United  States  agree  to  grant  by  patent 

;45i  in  fee  simple  to  each  of  the  following-named  persons,  and  their 

45452  heirs  all  of  whom  are  Wyandotts  by  blood  or  adoption,  one  sec- 

45453  tiou  of  land  of  six  hundred  and  forty  acres  each,  out  of  any  lands 

45454  west  of  the  Missouri  River  set  apart  for  Indian  use,  not  already 

45455  claimed  or  occupied  by  any  person  or  tribe,  viz :  Silas  Armstrong, 
15456  John  M.  Armstrong,  "Matthew  R.  Walker,  William  Walker,  Joel 

45457  Walker,  Charles  B.  Garrett,  George  Garret t,  George  J.  Clark, 

45458  Irwin  P.  Long,  Ethan  A.  Long,  Joseph  L.  Tennery,  Robert 

45459  Robertaile,  Jared  S.  Dawson,  Joseph  Newell,  John  T.  Walker, 
45400  Peter  13.  (Mark,  James  llankin,  Samuel  MeCulloch,  Elliot  Me 
454(11  Culloch,   Isaiah   Walker,   William   M.   Tennery,    Henry    Clay 

45402  Walker,  Ebenezer  Z.  Reed,  and  Joel  Walker  Garrett,  and  to  the 

45403  following  chiefs  and  councillors  one  section  each:  Francis  A. 

45404  Hicks,  James  Washington,  Squeeudehtee,  Henry  Jaques,  Tau- 

45405  roonec,  Doctor  Grey  Eyes,  George  Armstrong,  Warpole,  John 
45400  Hicks,  Peacock,  and  George  Punch.     The  lands  hereby  granted 
45407  to  be  selected  by  the  grantees,  surveyed  and  patented  at  the 
4546S  expense  of  the  United  States,  but  never  to  be  conveyed  by  them 
45401)  or  their  heirs  without  the  permission  of  the  President  of  the 

45470  United  States. 

45471  ARTICLE  15.  The  United  States  agree  to  pay  to  William 
45471}  Walker  and  Joel  Walker,  each,  the  sum  of  two  hundred  and 

45473  fifty  dollars,  and  to  John  M.  Armstrong  the  sum  of  one  hundred 

45474  and  fifty  dollars,  for  services  rendered  as  interpreters  in  the  pro- 

45475  gress  of  the  negotiation;  and  to  Warpole,  a  former  chief  of  the 
45470  Wyandott  Nation,  one  hundred   and   fifty   dollars,  money  ex- 

45477  pended  by  him  as  one  of  the  party  who  accompanied  Joseph 

45478  McCutchen,  a  former  commissioner  of  the  United  States,  to  the 
45471)  city  of  Washington  in  September,  1830. 

45480  ARTICLE  10.  In  the  year  1812  the  houses,  barns,  stables, 

45481  fences,  horses,  cattle,  and  hogs,  with  farming  utensils  and  house- 

45482  hold  furniture,  to  a  large  amount,  the  property  of  the  late  Will- 

45483  iaiu  Walker,  of  Brownstown,  in  the  Territory  of  Michigan,  was 

45484  destroyed  by  the  enemy  while  in  the  occupancy  of  the  United 

45485  States  forces;  and  by  reason  of  his  attachment  to  the  cause  of 
45480  his  country,  being  a  native  citizen,  taken  prisoner  in  early  life 
45487  by  the  Wyandott  Indians,  intermarried,  and  ever  afterward  liv 
ing  among  them,  the  evidence  of  all  which  is  ample  and  con 
clusive.    There  is  therefore  granted  unto   Catharine  Walker, 

1541)0  widow  of  the  said  William  AValker,  and  to  his  heirs,  the  sum  of 

101  three  thousand  dollars,  in  full  satisfaction  of  their  claim,  to  be 
paid  by  the  United  States  to  her  or  them  after  the  ratification 

l->4!)3  of  this  treaty. 

ARTICLE  17.  There  shall  be  reserved  from  sale,  and  forever 
devoted  to  public  use,  two  acres  of  ground  as  near 'as  can  be  in 


1021 

4549G  a  square  form,  to  include  the  stone  meeting-house  and  burving- 

45497  ground  near  to  and  north  of  Upper  Sandusky,  one  acre  to  in- 

45498  elude  the  burying-ground  on  the  bank  near  the  council-house  at 

45499  Upper  Sandusky,  and  one- half  acre  to  include  the  buryiug-ground 

45500  on  the  farm  of  Silas  Armstrong,  which  several  lots  of  ground 

45501  shall  forever  remain  open  and  free  to  all  persons  for  the  purpose 

45502  of  interment  and  houses  of  worship,  and  for  no  other  purposes 

45503  whatever. 

45504  ARTICLE  18.  This  treaty  shall  take  effect  and  be  obligatory 

45505  on  the  contracting  parties  as  soon  as  the  same  shall  be  ratified 

45506  by  the  President  of  the  United  States,  by  and  with  the  advice 

45507  and  consent  of  the  Senate  thereof. 

45508  Proclaimed  October  5,  1842. 


45509          THE  AT  Y  WITH  THE  WYANDOT  INDIANS. 


45510  Articles  of  a  convention  concluded  in  the  city  of  Washington  this 

45511  first  day  of  April ',  one  thousand  eight  hundred  and  fifty,  by 

45512  and  between  Ardavan  M.  Loughery,  commissioner  especially  ap- 

45513  pointed  by  the  President  of  the  United  States,  and  the  under 

45514  signed  head  chief  and  deputies  of  the  Wyandot  tribe  of  Indians, 

45515  duly  authorized  and  empowered  to  act  for  their  tribe. 

45510  Whereas  by   the   treaty   of  March   17,   1*842,   (proclaimed 

45517  October  5,  1842;   see  preceding  treaty,)  between  the  United 

45518  States  and  the  Wyandot  Nation  of  Indians,   then  chiefly  re- 

45519  siding  within  the  limits  of  the  State  of  Ohio,  the  said  nation 

45520  of  Indians  agreed  to  sell  and  transfer,  and  did  thereby  sell  and 

45521  transfer,  to  the  United  States  their  reservations  of  laud,  one  liun- 

45522  dred  and  nine  thousand  acres  of  which  was  in  the  State  of  Ohio, 

45523  and  six  thousand  acres  was  in  the  State  of  Michigan,  and  to  re- 

45524  move  to  the  west  of  the  Mississippi  Kiverj  and 

45525  Whereas  among  other  stipulations  it  was  agreed  that  the 
45520  United  States  should  convey  to  said  Indians  a  tract  of  country 

45527  for  their  permanent  settlement  in  the  Indian  Territory  west  of 

45528  the  Mississippi  Kiver,  to  contain  one  hundred  an  [and]  forty  eight 

45529  thousand  acres  of  land  j  and 

45530  Whereas  the  said  Indians  never  did  receive  the  said  one 

45531  hundred  and  forty-eight  thousand  acres  of  land  from  the  United 

45532  States,  but  were  forced  to  purchase  lands  from  the  Delaware 

45533  Nation  of  Indians,  which  purchase  was  agreed  to  and  ratified 

45534  by  the  United  States : 

45535  Now,  in  order  to  settle  the  claim  of  the  Wyandot  tribe  of 
4553G  Indians  to  said  land,  the  United  States  having  appointed  A.  S. 


1022 

45537  Lougbery  a  commissioner  on  their  part,  who,  with  the  uuder- 

45538  signed  delegates  from  the  Wyaudot  Nation,  have  agreed  to  the 

45539  following  treaty : 

45540  ARTICLE  1.  The  United  States,  in  consideration  tbat  the 

45541  Wyandot  Nation  of  Indians  shall  and  do  hereby  release,  reliu- 

45542  quish,  and  give  up  all  claim  to  the  said  one  hundred  and  forty- 

45543  eight  thousand  acres  of  laud  agreed  to  be  assigned  and  given 

45544  to  them  by  the  treaty  of  March  17,  1842,  hereby  stipulate  and 

45545  agree  to  pay  to  the  said  Wyaudot  tribe  of  Indians  the  sum  of 
4554G  one  hundred  aud  eighty-five  thousand  dollars,  being  at  and  after 

45547  the  rate  of  one  dollar  and  twenty-five  cents  per  acre,  iu  the  man- 

45548  ner  and  form  following,  to  wit :  One  hundred  thousand  dollars 

45549  to  be  invested  in  United  States  stocks,  bearing  five  per  cent,  in- 

45550  tcrest  per  annum,  which  interest  shall  be  paid  to  them  at  the 

45551  time  and  in  the  manner  iu  which  their  present  annuities  are 

45552  paid ;  and  for  the  purpose  of  enabling  the  Wyandot  Indians  to 

45553  pay  and  extinguish  all  their  just  debts,  as  well  what  is  now  due 

45554  to  the  Delawares  for  the  purchase  of  their  lands  as  to  others, 

45555  the  balance  of  said  sum,  being  the  sum  of  eighty-five  thousand 
45550  dollars,  shall  be  paid  to  the  Wyandot  Nation,  or  on  their  drafts, 

45557  specifically  describing  for  what  the  drafts  are  given. 

45558  ARTICLE  2.  All  the  reasonable  expenses  attending  the  ne- 

45559  gotiation  of  this  treaty,  including  a  reasonable  allowance  for  the 

45500  expenses  of  the  delegation,  signers  hereto,  in  coming  to  Wash- 

45501  ington,  whilst  here  on  the  business  connected  herewith,  and  in 

45502  returning  to  their  nation,  shall  be  defrayed  by  the  United  States. 

45503  'Proclaimed  December  30,  1850. 

45504  FRANKLIN  TIERCE,  President  of  the  United  States  of  Amer- 

45505  ica,  to  all  and  singular  to  whom   these  presents  shall  come, 
45500  greeting: 

45507  Whereas  a  treaty  was  made  and  concluded  at  the  city  of 

45508  Washington  on  the  thirty-first  day  of  January,  in  the  year  of  our 

45509  Lord  one  thousand  eight  hundred  and  fifty-five,  by  George  W. 

45570  Manypenny,  as  commissioner  on  the  part  of  the  United  States, 

45571  and  the  following-named  chiefs  and  delegates  of  the  Wyandott 

45572  tribe  of  Indians,  viz:  Tau-roo-mee,  Matthew  Mudeater,  John 
^5573  Hicks,  Silas  Armstrong,  George  J.  Clark,  and  Joel  Walker, 

they  being  thereto  duly  authorized  by  said  tribe,  which  treaty  is 

45575  iu  the  words  following,  to  wit : 

45570  Articles  of  agreement  and  convention  made  and  concluded  at 
the  city  of  Washington  on  the  thirty-first  day  of  January, 
one  thousand  eight  hundred  and  fifty-five,  by  George  W. 
Manypenny,  as  commissioner  on  the  part  of  the  United 
States,  and  the  following-named  chiefs  and  delegates  of  the 
Wyandott  tribe  of  Indians,  viz:  Tan-roo-mee,  Matthew 


1023 

45582  Mudeator,  John  Hicks,  Silas  Armstrong,  George  J.  Clark, 

45583  and  Joel  Walker,  they  being  thereto  duly  authorized  by  said 

45584  tribe. 

45585  ARTICLE  1.  The  Wyalndott  Indians  having  become  sufli- 
45580  ciently  advanced  in  civilization,  and  being  desirous  of  becoming 

45587  citizens,  it  is  hereby  agreed  and  stipulated  that  their  organiza- 

45588  tion  and  their  relations  with  the  United  States  as  an  Indian 

45589  tribe  shall  be  dissolved  and  terminated  on  the  ratification  of 

45590  this  agreement,  except  so  far  as  the  further  and  temporary 

45591  continuance  of  the  same  may  be  necessary  in  the  execution  of 

45592  some  of  the  stipulations  herein  •  and  from  and  after  the  date  of 

45593  such  ratification  the  said  Wyandott  Indians,  and  each  and  every 

45594  of  them,  except  as  hereinafter  provided,  shall  be  deemed,  and 

45595  are  hereby  declared,  to  be  citizens  of  the  United  States,  to  all 
4559G  intents  and  purposes,  and  shall  be  entitled  to  all  the  rights, 

45597  privileges,  and  immunities  of  such  citizens;  and  shall  in  all  re 

45598  spects  be  subject  to  the  laws  of  the  United  States  and  of  the 

45599  Territory  of  Kansas  in  the  same  manner  as  other  citizens  of 
45GOO  said  Territory ;  and  the  jurisdiction  of  the  United  States  and 

45601  of  said  Territory  shall  be  extended  over  the  Wyandott  country 

45602  in  the  same  manner  as  over  other  parts  of  said  Territory.     But 

45603  such  of  the  said  Indians  as  may  so  desire,  and  make  application 

45604  accordingly  to  the  commissioners  hereinafter  provided  for,  shall 

45605  be  exempt  from  the  immediate  operation  of  the  preceding  pro- 

45606  visions   extending  citizenship  to  the  Wyandott  Indians,  and 

45607  shall  have  continued  to  them  the  assistance  and  protection  of 

45608  the  United  States  and  an  Indian  agent  in  their  vicinity  for 

45609  such  a  limited  period  or  periods  of  time,  according  to  the  cir- 

45610  cumstances  of  the  case,  as  shall  be  determined  by  the  Commis- 

45611  sioner  of  Indian  Affairs;  and  on  the  expiration  of  such  period 

45612  or  periods  the  said  exemption,  protection,  and  assistance  shall 

45613  cease;  and  said  persons  shall  then,  also,  become  citizens  of  the 

45614  United  States,  with  all  the  rights  and  privileges,  and  subject  to 

45615  the  obligations  above  stated  and  defined. 

45616  ARTICLE  2.  The  Wyandott  Nation  hereby  cede  and  relin- 

45617  quish  to  the  United  States  all  their  right,  title,  and  interest  in 

45618  and  to  the  tract  of  country  situate  in  the  fork  of  the  Missouri 

45619  and  Kansas  Rivers,  which  was  purchased  by  them  of  the  Dela- 

45620  ware  Indians,  by  an  agreement  dated  the  fourteenth  day  of 

45621  December,  one  thousand  eight  hundred  and  forty-three,  and 

45622  sanctioned  by  a  joint  resolution  of  Congress  approved  July 

45623  twenty-fifth,  one  thousand  eight  hundred  and  forty-eight,  the 

45624  object  of  which  cession  is,  that  the  said  lands  shall  be  subdivided, 

45625  assigned,  and  reconveyed,  by  patent,  in  fee-simple,  in  the  manner 

45626  hereinafter  provided  for,  to  the  individuals  and  members  of  the 

45627  Wyandott  Nation,  in  several ty,  except  as  follows,  viz:  The  por- 


1024 

45028  tion  now  enclosed  and  used  as  a  public  burying-ground  shall  be 

45029  permanently  reserved  and  appropriated  for  that  purpose;  two 

45030  acres,  to  include  the  church-building  of  the  Methodist  Episcopal 

45031  Church,  and  the  present  burying-ground  connected  therewith, 

45032  are  hereby  reserved,  granted,  and  conveyed  to  that  church ;  and 

45033  two  acres,  to  include  the  church-building  of  the  Methodist  Epis- 

45034  copal  Church,  South,  are  hereby  reserved,  granted,  and  conveyed 

45035  to  said  church.    Four  acres,  at  and  adjoining   the  Wyandott 
45030  ferry,  across  and  near  the  mouth  of  the  Kansas  Kiver,  shall  also 

45037  be  reserved,  and,  together  with  the  rights  of  the  Wyandotts  in 

45038  said  ferry,  shall  be  sold  to  the  highest  bidder  among  the  Wyandott 

45039  people,  and  the  proceeds  of  sale  paid  over  to  the  Wyandotts. 

45040  On  the  payment  of  the  purchase-money  in   full,  a  good   and 

45041  sufficient  title  to  be  secured  and  conveyed  to  the  purchaser  by 

45042  patent  from  the  United  States. 

45043  ARTICLE  3.  As  soon  as  practicable  after  the  ratification  of 

45044  this  agreement  the  United  States  shall  cause  the  lands  ceded  in 

45045  the  preceding  article  to  be  surveyed   into  sections,  half  and 
45040    quarter  sections,  to  correspond  with  the  public  surveys  in  the 

45047  Territory  of  Kansas  ;  and  three  commissioners  shall  beappointed, 

45048  one  by  the  United  States  and  two  by  the  Wyandott  council, 

45049  whose  duty  it  shall  be  to  cause  any  additional  surveys  to  be 

45050  made  that  may  be  necessary,  and  to  make  a  fair  and  just  division 

45051  ami  distribution  of  the  said  lands  among  all  the  individuals  and 

45052  members  of  the  Wyandott  tribe,  so  that  those  assigned  to  or 

45053  for  each  shall,  as  nearly  as  possible,  be  equal  in  quantity,  and 

45054  also  in  value,  irrespective  of  the  improvements  thereon  ;  and  the 

45055  division  and  assignment  of  the  lands  shall   be  so  made  as  to 
45050  include  the  houses,  and,  as  far  as  practicable,  the  other  improve- 

45057  ments,  of  each  person  or  family,  be  in  as  regular  and  compact 

45058  a  form  as  possible,  and  include  those  for  each  separate  family 

45059  altogether.    The  judgment  and  decision  of  said  commissioners 

45000  on  all  questions  connected  with  the  division  and  assignment  of 

45001  said  lands  shall  be  final. 

On  the  completion  of  the  division  and  assignment  of  the 

>G3    lands  as  aforesaid,  said  commissioners  shall  cause  a  plat  and 

schedule  to  be  made,  showing  the  lands  assigned  to  each  family 

or  individual,  and  the  quantity  thereof.    They  shall  also  make 

up  carefully  prepared  lists  of  all  the  individuals  and  members 

of  the  Wyandott  tribe-those  of  each  separate  family  being 

arranged  together-which  lists  shall  exhibit,  separately,  first, 

those  families,  the  heads  of  which  the  commissioners,  after  due 

'"1'iiry  and  consideration,  shall   be  satisfied  are   sufficiently 

igent,  competent,  and  prudent  to  control  and  manage  their 

and  interests,  and  also  all  persons  without  families. 

ecoud,  those  families  the  heads  of  which  are  not  competent 


1025 

45674  and  proper  persons  to  be  entrusted  with  their  shares  of  the 

45675  money  payable  under  this  agreement ;   and,  third,  those  who 
45076  are  orphans,  idiots,  or  insane.     Accurate  copies  of  the  lists  of 

45677  the  second  and  third  of  the  above  classes  shall  be  furnished  by 

45678  the  commissioners  to  the  Wyandott  council ;   whereupon  said 

45679  council  shall  proceed  to  appoint  or  designate  the  proper  person 

45680  or  persons  to  be  recognized  as  the  representatives  of  those  of 

45681  the  second   class,  for  the  purpose  of  receiving  and   properly 

45682  applying  the  sums  of  money  due  and  payable  to  or  for  them,  as 

45683  hereinafter  provided,  and  also  those  who  are  to  be  entrusted 

45684  with  the  guardianship  of  the  individuals  of  the  third  class,  and 

45685  the  custody  and  management  of  their  rights  and  interests;  the 

45686  said  acts  or  proceedings  of  the  council,  duly  authenticated,  to 

45687  be  forwarded  to  the  Commissioner  of  Indian  Affairs,  and  filed  in 

45688  his  office;  and  the  same  shall  be  annually  revised  by  the  said 

45689  council,  until  the  payment  of  the  last  instalment  of  the  moneys 

45690  payable  to  the  VVyaudotts  under  this  agreement,  and  such  change 

45691  or  changes  made  therein  as  may,  from  casualties  or  otherwise, 

45692  become  necessary  ;   such  revisions  and   changes,  duly  authen- 

45693  ticated,  to  be  communicated  to,  and  subject  to  the  approval  of 

45694  the  Commissioner  of  Indian  Affairs. 

45695  The  said  commissioners  shall  likewise  prepare  a  list  of  all 

45696  such    persons    and    families   among  the    Wyandott   people   as 

45697  may  apply  to   be  temporarily  exempted   from    citizenship  and 

45698  for  continued  protection  and  assistance  from  the  United  States 

45699  and   an   Indian  agent,  as   provided   for   in  the  first  article   of 

45700  this  agreement.     The  agent  through  and   by  whom  such   pro- 

45701  tection  and  assistance  is  to   be  furnished  shall   be  designated 

45702  by  the  Commissioner  of  Indian  Affairs. 

45703  The  aforesaid  plat  and  schedule  and  lists  of  persons,  duly 

45704  authenticated  by  the  commissioners,  shall  be  forwarded  to  the 

45705  Commissioner  of   Indian   Affairs   and   filed  in   his   office,   and 

45706  copies   of  the   said   plat  and  schedule  and  of  the  list  of  per- 

45707  sons   temporarily   exempted   from  citizenship   and   entitled    to 

45708  the  continued   protection  and  assistance  of  the  United  States 

45709  and   an    Indian    agent,   duly  attested    by   the   commissioners, 

45710  shall   be  filed  by  them  in  each  of  the  offices  of  the  secretary 

45711  of  the    Territory  of  Kansas   and   the   clerk   of  the  county  in 
45*12  which  the  Wyandott  lauds  are  situated. 

45713  ARTICLE  4.  On  the  receipt,  by  the  Commissioner  of  Indian 

45714  Affairs,  of  the  plat  and  schedule,  lists  of  persons,  and  of  the 

45715  first  proceedings  of  the   Wyandott  council,  mentioned   in  the 

45716  next  preceding  article,  patents  shall  be  issued  by  the  General 

45717  Laud-Office  of  the  United  States,  under  the  advisement  of  the 

45718  Commissioner  of  Indian  Affairs,  to  the  individuals  of  the  Wyan- 

45719  dott  tribe,  for  the  lauds  severally  assigned  to  them,  as  provided 

*  129  i  T 


1026 

45720  for  in  the  third  article  of  this  agreement,  in  the  following  man- 

4572 L  ner,  to  wit:  To  those  reported  by  the  commissioners  to  be  com- 

45722  peteut  to  be  entrusted  with  the  control  and  management  of  their 

45723  affairs  and  interests,  the  patents  shall  contain  an  absolute  and 

45724  unconditional  grant  in  fee-simple,  and   shall  be   delivered  to 

45725  them  by  the  Commissioner  of  Indian  Affairs  as  soon  as  thay 
45720  can  be  prepared  and  recorded  in  the  General  Land-Office ;  but 

45727  to  those  not  so  competent  the  patents  shall  contain  an  express 

45728  condition  that  the  lands  are  not  to  be  sold  or  alienated  for  a 
457i'9  period  of  five  years,  and  not  then  without  the  express  consent 
45730  of  the  President  of  the  United  States  first  being  obtained  ;  and 
4573 L  the  said  patents  may  be  withheld  by  the  Commissioner  of  Indian 

45732  Affairs  so  long  as.  in   his  judgment,  their  being  so  withheld 

45733  may  be  made  to  operate  beneficially  upon  the  character  and  con- 

45734  duct  of  the  individuals  entitled  to  them. 

45735  None  of  the  lands  to  be  thus  assigned  and  patented  to  the 
4573G    Wyandotts  shall  be  subject  to  taxation  for  a  period  of  five 

45737  years  from  and  after  the  organization  of  a  State  government 

45738  over  the  territory  where  they  reside;  and  those  of  the  incompe- 

45739  tent  classes  shall  not  be  aliened  or  released  for  a  longer  period 

45740  than  two  years,  and  shall  be  exempt  from  levy,  sale,  or  forfeit- 

45741  tire,  until  otherwise  provided  by  State  legislation,  with  the  as- 

45742  sent  of  Congress. 

ARTICLE  5.  Disinterested    persons,   not   to    exceed  three, 

45744  shall  be  appointed  by  the  Commissioner  of  Indian  Affairs,  to 

45745  make  a  just  and  fair  appraisement  of  the  parsonage  houses,  and 
other  improvements  connected  therewith,  on  the  Wyandott  lands 

45747  belonging  to  the  Methodist  Episcopal  Church  and  the  Methodist 
Episcopal  Church  South,  the  amounts  of  which  appraisements 
shall  be  paid  to  the  said  churches,  respectively,  by  the  individual 
or  individuals  of  the  Wyandott  tribe  to  whom  the  lands  on 

rfJS  Wbi°h  Said  houses  aud  improvements  are  shall  have  been  as 
signed  under  the  provisions  of  this  agreement;  said  payments 
>  be  made  within  a  reasonable  time,  in  one  or  more  instalments, 


to  be  determined  by  said  appraisers;  and,  until  made  in  full,  no 

*<JrfJO      nn.t.rtnf-.  f\r  rifl^r,  «„:..•!_.  ,...., 


or  other  evidence  of  title  to  the  lands  so  assigned  to  said 
dividual  or  individuals  shall  be  issued  or  given  to  them. 

ARTICLE  C.  The  Wyandott  Nation  hereby  relinquish  and 
release  the  United  States  from  all  their  rights  and  claims  to 


an- 


457GO    -ll^.':Srh(  >l  moueys>  blacksmith  establishments,  assistance  and 
457G1 

J.")7fi'^       A.-  "» «.v^v,v,i ,    C.ULIII.    iium.   an    uuc>   ot'ij./Liici- 

ous  and  guarantees  of  that  character,  provided  for  or  contained 


,        .     .  io.i-Lj.cn to,  ctoi3ioiJtiiJ.i^o   cnuvi 

trials,  employment  of  an  agent  for  their  benefit,  or  any  other 
4o<(>L     nhippf  nr>  fi,;,,™  ~<?  _  J 


, 

"I      "g  °f  a  Dational  ^aracter,  and  from  all  the  stipula- 
ous  and  guarantees  of  that  character,  provided  for  or  contained 
former  treaties,  as  well  as  from  any  and  all  other  claims  or 


"  Under  a^  treatr  or 
between  them  and  the  Government  of  the  United 


1027 

45766  States.     In  consideration  of  which  release  aud  reliuquishment 

45767  the  United  States  hereby  agree  to  pay  to  the  Wyandott  Nation 

45768  the  sum  of  three  hundred  and  eighty  thousand  dollars,  to  be 

45769  equally  distributed  and  paid  to  all  the  individuals  aud  members 

45770  of  the  said  nation,  in  three  annual  iustalments,  payable  in  the 

45771  months  of  October,  commencing  the  present  year;  the  shares 

45772  of  the  families  whose  heads  the  commissioners  shall  have  de- 

45773  cided  not  to  be  competent  or  proper  persons  to  receive  the  same, 

45774  and  those  of  orphans,  idiots,  and  insane  persons,  to  be  paid  to 

45775  and  receipted  for  by  the  individuals  designated  or  appointed  by 

45776  the  Wyandott  council  to  act  as  their  representatives  and  guard- 

45777  ians. 

45778  Such  part  of  the  annuity,  under  the  treaty  of  one  thousand 

45779  eight  hundred  and  forty-two,  as  shall  have  accrued,  and  may  re- 

45780  main  unpaid  at  the  date  of  the  payment  of  the  first  of  the  above- 

45781  mentioned  instalments,  shall  then  be  paid  to  the  Wyaudotts,  and 

45782  be  in  full  and  a  final  discharge  of  said  annuity. 

45783  ARTICLE  7.  The  sum  of  one  hundred  thousand  dollars,  invest- 

45784  ed  under  the  treaty  of  one  thousand  eight  hundred  and  fifty,  to- 

45785  gether  with  any  accumulation  of  said  principal  sum,  shall  be 

45786  paid  over  to  the  Wyaudotts,  in  like  manner  with  the  three  hun- 

45787  dred  and  eighty  thousand  dollars  mentioned  in  the  next  pre- 
45788  ceding  article,  but  in  two  equal  annual  instalments,  commencing 

45789  one  year  after  the  payment  of  the  last  instalment  of  said  above- 

45790  mentioned  sum.     In  the  meantime  the  interest  on  the  said  in- 

45791  vested  fund,  and  on  any  accumulation  thereof,  together  with  the 

45792  amount  which  shall  be  realized  from  the  disposition  of  the  ferry 

45793  and  the  land  connected  therewith,  the  sale  of  which  is  provided 

45794  for  in  the  second  article  of  this  agreement,  shall  be  paid  over  to 

45795  the  Wyandott  council,  and  applied  and  expended,  by  regular 

45796  appropriaiion   of  the   legislative   committee  cf  the  Wyandott 

45797  Nation,  for  tbe  support  of  schools,  aud  lor  other  purposes  of  a 

45798  strictly  national  or  public  character. 

45799  ARTICLE  8.  The  persons  to  be  included  in  the  apportion- 

45800  inent  of  the  lands  and  money  to  be  divided  aud  paid  under  the 

45801  provisions  of  this  agreement  shall  be  such  only  as  are  actual 

45802  members  of  the  Wyaudott  Nation,  their  heirs  and  legal  repre- 

45803  seutatives,  at  the  date  of  the  ratification  hereof,  and  as  are  enti- 

45804  tied  to  share  in  the  property  and  funds  of  said  nation,  according 

45805  to  the  laws,  usages,  and  customs  thereof. 

45806  ARTICLE  9.  It  is  stipulated  and  agreed  that  each  of  the  in- 

45807  dividuals  to  whom  reservations  were  granted  by  the  fourteenth 

45808  article  of  the  treaty  of  March  seventeenth,  one  thousand  eight 

45809  hundred  aud  forty-two,  or  their  heirs  or  legal  representatives, 

45810  shall  be  permitted  to  select  and  locate  said  reservation  on  any 

45811  Government  lands  west  of  the  States  of  Missouri  and  Iowa,  sub- 


1028 

45812  ject  to  pre-emption  and  settlement,  said  reservations  to  be  pat- 

45813  en  ted  by  the  United  States,  in  the  names  of  the  reservees,  as 

45814  soon  as  practicable  after  the  selections  are  made;  and  the  res- 

45815  ervees,  their  heirs  or  proper  representatives,  shall  have  the  un- 

45816  restricted  right  to  sell  and  convey  the  same  whenever  they  may 
4581*7  think  proper  ;  but,  in  cases  where  any  of  said  reservees  may  not 

45818  be  sufficiently  prudent  and  competent  to  manage  their  affairs  in 

45819  a  proper  manner,  which  shall  be  determined  by  the  Wyaiidott 

45820  council,  or  where  any  of  them   have  died  leaving  minor  heirs, 

45821  the  said  council  shall  appoint  proper  and  discreet  persons  to  act 

45822  for  such  incompetent  persons  and  minor  heirs  in  the  sale  of  the 
45S23  reservations,  and  the  custody  and  management  of  the  proceeds 

45824  thereof,  the  persons  so  appointed  to  have  full  authority  to  sell 

45825  and  dispose  of  the  reservations  in  such  cases,  and  to  make  and 

45826  execute  a  good  and  valid  title  thereto. 

45827  The  selections  of  said  reservations,  upon  being  reported  to 

45828  the  surveyor-general  of  the  district  in  which  they  are  made, 

45829  shall  beentered  upon  the  township  platsand  reported,  without  de- 

45830  lay,  to  the  Commissioner  of  the  General  Land-Office,  and  patents 

45831  issued  to  the  reservees  accordingly.     And  any  selection  of,  set- 
45^32  tlement  upon,  or  claim  to,  laud  included  in  any  of  said  reserva- 
45833  tious  made  by  any  other  person  or  persons  after  the  same  shall 
4  >834  have  been  selected  by  the  reservees,  their  heirs,  or  legal  repre- 

45835  sentatives,  shall  be  null  and  void. 

45836  ARTICLE  10.  It  is  expressly  understood  that  all  the  ex- 

45837  penses  connected  with  the  subdivision  and  assignment  of  the 

45838  Wyaiidott  lauds,  as  provided  for  in  the  third  article  hereof,  or 
4>839  with  any  other  measure  or  proceeding  which  shall  be  necessary 

45840  to  carry  out  the  provisions  of  this  agreement,  shall   be  borne 

45841  and  defrayed  by  the  Wyandotts,  except  those  of  the  survey  of 
4>842  the  lands  into  sections,  half  and  quarter  sections,  the  issue  of 
43843  the  patents,  and  the  employment  of  the  commissioner  to  be  ap- 

45844  pointed  by  the  United  States,  which  shall  be  paid  by  the  United 

45845  States. 

ARTICLE  11.  This  instrument  shall  be  obligatory  on  thecon- 

•45847  tracting  parties  whenever  the  same  shall  be  ratified  by  the  Presi- 

45848  dent  and  the  Senate  of  the  United  States. 

45849  Proclaimed  March  1,  1855. 


1029 

45853  WYANDOTS  IN  OHIO. 

45351  Articles  of  a  treaty  made  and  concluded  between  John  A.  Bryan, 

45852  commissioner  on  the  part  of  the  United  States,  and    William 

45853  Walker,  John  Barnett,  and  Peacock,  chiefs  and  principal  men 
45851  of  the  Wyandot  tribe  of  Indians  in  Ohio,  acting  for  and  on 
45855  behalf  of  the  said  tribe. 

45858  ARTICLE  1.  The  Wyandot  tribe  of  Indians  in  Ohio  cede  to 

45857  the  United  States  a  strip  of  land  five  miles  in  extent  on  the 

45858  east  end  of  their  reservation  in  Crawford  County,  in  said  State ; 

45859  also  one  section  of  land  lying  in  Cranberry  Swamp,  on  Broken 
45850  Sword  Creek,  being  the  one  mile  square  specified  and  set  forth 

45801  in  the  treaty  made  with  the  said  tribe  on  the  twenty-ninth  day 

45802  of  September,  in  the  year  of  our  Lord  one  thousand  eight  hiui- 

45803  dred  and  seventeen,  (proclaimed  January  4, 1819,  see  page  199;) 

45804  also   one  hundred   and   sixty  acres  of  laud  which  is  to  be  re- 

45805  ceived  in  the  place  and  stead  of  an  equal  quantity  set  apart  in 
45800  a  supplemental  treaty  made  with  the  said  Indians  on  the  seven- 

45807  teenth  day  of  September  in  the  following  year,  all  situate  and 

45808  being  in  the  said  county  of  Crawford. 

45809  ARTICLE  2.  The  said  five-mile  tract,  as  also  the  additional 
45870  quantities  herein  set  forth,  are  each  to  be  surveyed  as  other  pub- 
4587 L  lie  lands  are  surveyed  by  the  surveyor-general,  and  to  be  sold 

45872  at  such  time  and  place,  allowing  sixty  days'  notice  of  the  sale, 

45873  as  the  President  may  direct. 

45874  ARTICLE  3.  A  register  and   receiver  shall  be  appointed  by 

45875  the  President  and  Senate,  in  accordance  with  the  wishes  of  the 
45870  delegation  of  chiefs,  whose  duties  shall  be  similar  to  those  of 

45877  other  registers  and  receivers.    They  shall   receive  such  com- 

45878  pcusation  for  services  rendered,  not  exceeding  five  dollars  per 

45879  day  for  every  day  necessarily  employed  in  the  discharge  of  their 

45880  duties,  as  the  President  may  determine. 

45881  ARTICLE  4.  All  expenses  incurred  in  the  execution   of  this 

45882  treaty,  and  in  the  sale  of  the  lauds  included  in   it,  shall  be  de- 

45883  frayed  out  of  the  funds  raised  therefrom,  including  such  expenses 

45884  and  disbursements  as  may  have  been  incurred  by  the  delegation 

45885  to  Washington,  and  such  allowance  to  individuals  who  have  as- 
45880  sisted  in  the  negotiation  as  the  chiefs  in  council,  after  a  full  and 

45887  fair  investigation,  may  adjudge  to  be  reasonable  and  just,  shall 

45888  in  all  cases  be  made. 

45889  ARTICLE    5.    Such  portion    of  the  monies,  not  exceeding 

45890  twenty  thousand  dollars,  arising  from  the  sales  as  the  chiefs 

45891  may  deem  necessary  for  the  rebuilding  of  mills,  repair  and  im- 

45892  provement  of  roads,  establishing  schools,  and  other  laudable 


1030 

45893  public  objects  for  the  improvement  of  their  condition,  shall  be 

45894  properly  applied  under  their  direction,  and  the  remainder  to  be 

45895  distributed  among  the  individuals  of  said  tribe  as  annuities  are 

45896  distributed. 

45897  ARTICLE  6.  The  monies  raised  by  the  sales  of  the  lands  for 

45898  all  the  above-mentioned  objects,  except  the  last,  shall  be  paid 

45899  by  the  receiver  on  the  order  of  the  chiefs ;  and  such  order,  to- 

45900  gether  with  the  receipt  of  the  persons  to  whom  payment  shall 

45901  be  made,  shall  be  the  proper  voucher  for  the  final  settlement  of 

45902  the  accounts  of  the  receiver;  but  the  funds  for  the  tribe  shall 

45903  be  distributed  by  the  register  and  receiver  to  each  person  enti- 

45904  tied  thereto. 

45905  ARTICLE  7.  By  the  21st  article  of  the  treaty  concluded  at 
4590G  the  foot  of  the  rapids  of  the  Miami  of  Lake  Erie,  dated  the 

45907  twenty-ninth  day  of  September,  in  the  year  one  thousand  eight 

45908  hundred    and    seventeen,  (see    page    197, )  and    the    schedule 
43909  thereunto  attached,  there  was  granted  to   Daonquot,  or  Half 

45910  King;  Rontondee,  or  Warpole ;  Tayarrontoyea,  or  Between  the 

45911  Logs;  Danwautout,  or  John   Hicks;   Mononcue,  or  Thomas; 

45912  Tayondottauseh,  or  George  Punch  ;   Hondaua-waugh,  or  Mat- 

45913  thews,  chiefs  of  the  Wyandot  Nation,  two  sections  of  land  each 

45914  within  the  Wyandot  reservation.     The  aforesaid  chiefs,  their 

45915  heirs  or  legal  representatives,  are  entitled  to  and  allowed  one 

45916  section  of  land  each  in  the  above  designated  tract  of  five  miles 
49917  to  be  selected  by  them  previous  to  sale,  and  the  same  shall  be 

45918  sold  as  the  other  lands  are  sold,  and  they  allowed  to  receive  the 

45919  respective  sums  arising  from  said  sale. 

45920  ARTICLE  8.  If  during  the  progress  of  the  sale  the  Indians 

45921  are  not  satisfied  with  the  prices  at  which  the  lands  sell,  the  reg- 

45922  ister  and  receiver  shall,  on  the  written  application  of  the  chiefs, 

45923  close  the  s.ile,  anil  report  the  proceedings  to  the  War  Depar-t- 

45924  meat,  anil  the  President  may  appoint  such  other  time  for  the 

45925  sale  as  he  may  deem  proper. 

ARTICLE  9.  The  President  shall  give  such  directions  as  he 

45927  may  judge  necessary  for  the  execution  of  this  treaty,  through 

45928  the  proper  Departments  of  the  Government. 

45929  Proclaimed  May  16,  1836. 


45930  WYANDOTS    OF  BIG   SPRING,   CRAWFORD   COUNTY, 

45931  QH10 

Articles  of  agreement  and  convention  made  and  concluded  at  Mc- 
Cutcheonsmlle,  Crawford  County,  Ohio,  on  the  nineteenth  day 
of  January,  1832,  by  and  between  James  B.  Qar diner,  specially 


1031 

45935  appointed  commissioner  on  the  part  of  the  United  States,  and 

45936  the  chiefs,  head-men,  and  warriors  of  the  band  of  Wyandots 

45937  residing  at  the  Big  Spring,  in  said  county  of  Crawford,  and 

45938  owning  a  reservation  of  16,000  acres  at  that  place. 

45939  Whereas  the  said  baud  of  Wyandots  have  become  fully  con- 

45940  vineed  that  whilst  they  remain  in  their  present  situation  in  the 

45941  State  of  Ohio,  in  the  vicinity  of  a  white  population,  which  is 

45942  continually  increasing  and  crowding  around  them,  they  cannot 

45943  prosper  and  be  happy,  and  the  morals  of  many  of  their  people 

45944  will   be  daily  becoming   more   and  more  vitiated,  and  uuder- 

45945  standing  that  the  Government  of  the  United  States  is  willing 

45946  to  purchase  the  reservation  of  land  on  which  they  reside,  and 

45947  for  that  purpose  have  deputed  the  said  James  B.  Gardiner  as 

45948  special  commissioner  to  treat  for  a  cession  of  the  same :  There- 

45949  fore,  to  effect  the  aforesaid  objects,  the  said  chiefs,  head-men, 

45950  and  warriors,  and  the  said  James  B.  Gardiner,  have  this  day 

45951  entered  into  and  agreed  upon  the  following  articles  of  conven- 

45952  tion  : 

45953  ARTICLE  1.  The  band  of  Wyandots  residing  at  the  Big 

45954  Spring,  in  the  county  of  Crawford,  and  State  of  Ohio,  do  hereby 

45955  forever  cede  and  relinquish  to  the  United  States  the  reservation 

45956  of  sixteen  thousand  acres  of  land,  granted  to  them  by  the  sec- 

45957  oud  article  of  the  treaty  made  at  St.  Mary's,  on  the  seventeenth 

45958  day  of  September,  eighteen  hundred  and  eighteen,  (proclaimed 

45959  January  7,  1819;  see  next  treaty,)  which  grant  is  in  the  follow- 

45960  ing  words,  to  wit:  "There  shall  be  reserved  for  the  use  of  the 

45961  Wyandots  residing  at  Solomon's  Town  and  on  Blanchard's  Fork 

45962  sixteen  thousand  acres  of  land,  to  be  laid  off  in  a  square  form, 

45963  on  the  head  of  Blanchard's  Fork,  the  centre  of  which  shall  be  at 

45964  the  Big  Spring,  on  the  road  leading  from  Upper  Sandusky  to 

45965  Fort  Findlay." 

45966  ARTICLE  2.  The  United  States  stipulate  with  the  said  band 

45967  of  Wyandots  that,  as  soon  as  practicable  after  the  ratification 

45968  of  this  treaty,  the  aforesaid  tract  of  sixteen  thousand  acres  shall 

45969  be  surveyed  into  sections,  and  put  into  market,  ^nd  sold  in  the 

45970  ordinary  manner  of  selling  the  public  lands  of  the  United  States  ; 

45971  and  when  the  same  shall  be  sold,  or  as  soon  as  any  part  thereof 

45972  shall  be  disposed  of,  (be  the  price  received  therefor  more  or  less,) 

45973  there  shall  be  paid  to  the  chiefs,  head-men,  and  warriors  sign- 

45974  ing  this  treaty,  for  the  benefit  of  all  the  said  band  of  Wyandots, 

45975  the  sum  of  one  dollar  and  twenty-five  cents  per  acre  for  each 

45976  and  every  acre  so  sold  or  for  sale.    The  said  price  shall  be  paid 

45977  in  silver,  and  in  the  current  coin  of  the  United  States. 

45978  ARTICLE  3.   For  the  improvements  now  made  upon  said 

45979  reservation  the  United  States  agree  to  pay  a  fair  valuation  in 


1032 

45980  money  according  to  the  appraisement  of  Joseph  McCutcheon, 

45081  esfj.,  (or  such  person  as  the  Secretary  of  War  may  depute  for 

45982  that  purpose,)  and  an  appraiser  to  be  chosen  by  the  said  baud  of 

45983  Wyandots.    And  in  case  the  said  appraisers  shall  not  be  able 

45984  to  agree  upon  any  of  their  valuations,  they  shall  call  to  their 

45985  assistance  some  competent  citizen  of  the  county  of  Crawford. 
4598G  ARTICLE  4.  There  shall  [be]  reserved  for  Ro-nu  nas,  one 

45987  of  the  oldest  chiefs  of  said  band,  one  half  section,  to  contain 

45988  three  hundred  and  twenty  acres,  and  to  include  the  improve- 

45989  ments  where  he  now  lives. 

45990  ARTICLE  5.  It  is  expressly  understood  between  the  present 

45991  contracting  parties  that  the  said  band  of  Wyandots  may,  as 

45992  they  think  proper,  remove  to  Canada  or  to  the  river  Huron,  in 

45993  Michigan,  where  they  own  a  reservation  of  land,  or  to  any  place 

45994  they  may  obtain  a  right  or  privilege  from  other  Indians  to  go. 

45995  ARTICLE  G.  Insomuch   as  the  band  of  Wyandots  herein 
459.90  treating    have  separated    themselves  from   the  Wyandots  at 

45997  Upper  Sandusky  and  on   Saudusky  plains,   they  ask   of  the 

45998  General  Government  that  there  may  be  a  special  sub  agent  and 

45999  protector  appointed  for  them  whilst  they  remain  in  the  State  of 
4GOOO  Ohio,  and  they  respectfully  recommend  Joseph  McCutcheon, 
4G001  esq.,  of  the  county  of  Crawford,  as  a  fit  and  proper  person  to  act 
40002  in  such  capacity;  and  that  he  may  have  the  power  to  employ 
4G003  such  interpreter  as  he  may  think  proper  in  his  intercourse  with 
4G004  said  band. 

4G005  Proclaimed  April  0,  1832. 


4600G 


WYANDOTS,  DELAWARES,  SHAWNOESE,  ETC. 


40007    A  treaty  of  peace  and  friendship  between  the    United  States  of 
America  and  the  tribes  of  Indians  called  the  Wyandots,  T)ela- 
4G009  icares,  Shawnoese,  Senecas,  and  Miamics. 

Th<»  said    United   States  of  America,   by  William   Henry 
Harrison,  late  a  major-general  in  the  Army  of  the  United  States, 
and  Lewis  Casa,  governor  of  the  Michigan  Territory,  duly  au- 
•13    thorised  and  appointed  commissioners  for  the  purpose,  and  the 
314    said  tribes  by  their  head-men,  chiefs,  and  warriors  assembled 
:  Greenville,  in  the  State  of  Ohio,  have  agreed  to  the  following 
JIG    articles,  which,  when  ratified  by  the  President  of  the  United 
States,  by  and  with  the  advice  and  consent  of  the  Senate  there 
of,  shall  be  binding  upon  them  and  the  said  tribes  : 
Boon  ARTICLE  1-  The  United  States  and  the  Wyandots,  Dela- 

wares,  Shawnoese,  and  Senecas  give  peace  to  the  Miamie  Nation 


1033 

40021  of  Indians,  formerly  designated  as  the  Miamie  Eel   River  and 

46022  Weea  tribes;  they  extend  .this  indulgence  also  to  the  bands  of 

40023  the  Putawatimies,  which  adhere  to  the  Grand  Sachem  Tobinipee, 

46024  and  to  the  chief  Onoxa,  to  the  Ottawas  of  Blanchard's  Creek, 

46025  who  have  attached  themselves  to  the  Shawanoeae  tribe,  and  to 

46026  such  of  the  said  tribe  as  adhere  to  the  chief  called  the  Wing,  in . 
40027  the  neighborhood  of  Detroit,  and  to  the  Kickapoos,  under  the 

46028  direction  of  their  chiefs  who  sign  this  treaty. 

46029  ARTICLE  2.  The  tribes  and  bands  above  mentioned  engage 

46030  to  give  their  aid   to  the  United  States  in   prosecuting  the  war 

46031  against  Great  Britain  and  such  of  the  Indian  tribes  as  still  con. 

46032  tinue   hostile,  and   to  make  no   peace   with  either   without  the 

46033  consent  of  the  United  States.     The  assistance  herein  stipulated 

46034  for  is  to  consist  of  such  a  number  of  their  warriors  from   each 

46035  tribe  as  the  President  of  the  United  States,  or  any  officer  having 

46036  his  authority  therefor,  may  require. 

46037  ARTICLE  3.  The  Wyandot  tribe,  and  the  Senecas  of  San- 

46038  dusky  and  Stony  Creek,  the  Delaware  and  Shawanoese  tribes,  who 

46039  have  preserved  their  fidelity   to  the  United  States  throughout 

46040  the  war,  again  acknowledge  themselves  under  the  protection  of 
40041  the  said  States,  and  of  no  other  power  whatever;  and  agree  to 

46042  aid  the  United  States  in  the  manner  stipulated  for  in  the  former 

46043  article,  and  to  make  no  peace  but  with  the  consent  of  the  said 

46044  States. 

46045  ARTICLE  4.  In  the  event  of  a  faithful  performance  of  the 

46046  conditions  of  this  treaty,  the   United  States  will  confirm  and 

46047  establish  all  the  boundaries  between  their  lands 'and   those  of 

40048  the  Wyandots,  Delawares,   Shawanoese,  and  Miamies  as  they 

40049  existed  previously  to  the  commencement  of  the  war. 

40050  Proclaimed  December  21,  1814. 


40051  WYANDOTS,  SENECAS,  SHAWNESE,  AND    OTTAWAS. 

46052  Articles  of  a  treaty  made  and  concluded  at  St.  Mary's,  in  the  State 

40053  of  Ohio,  between  Lewis  Cass  and  Duncan  Me  Arthur,  commis- 

46054  sioncrs  of  the  United  States,  with  full  poicer  and  authority  to 

40055  hold  conferences,  and  conclude  and  sign  a  treaty  or  treaties, 

46056  with  all  or  any  of  the  tribes  or  nations  of  Indians  ictthin  the 

46057  boundaries  of  the  state  of  Ohio,  of  and  concerning  all  matters 

46058  interesting  to  the  United  States  and  the  said  nations  of  Indians, 

46059  and  the  sachems,  chiefs,  and  warriors  of  the  Wyandot,  Seneca, 

46060  Shawnese,  and  Ottawas  tribes  of  Indians  ;  being  supplementary 

46061  to  the  treaty  mafic  and  concluded  with  the  said  tribes,  and  the 

46062  Delaware,  Potawatomie,  and  Chippewa  tribes  of  Indians,  at 

46063  the  foot  of  the  rapids  of  the  Miami  of  Lake  Erie,  on  the  twenty- 

*  130  i  T 


1084 

46064  ninth  day  of  September,  in  the  year  of  our  Lord  one  thousand 

46065  eit/Jtt  hundred  and  seventeen. 

46066  ARTICLE  1.  It  is  agreed  between  tbe  United  States  and 

46067  the  parties  hereunto  that  the  several  tracts  of  land  described 

46068  in  the  treaty  to  which  this  is  supplementary,  and  agreed  thereby 
46060    to  be  granted  by  the  United  States  to  the  chiefs  of  the  respect- 

46070  ive  tribes  named  therein,  for  the  use  of  the  individuals  of  the 

46071  said  tribes,  and  also  the  tract  described  in  the  twentieth  article 

46072  of  the  said  treaty,  shall  not  be  thus  granted,  but  shall  be  ex- 

46073  cepted  from  the  cession  made  by  the  said  tribes  to  the  United 

46074  States,  reserved  for  the  use  of  the  said  Indians,  and  held  by 

46075  them  in  the  same  manner  as  Indian  reservations  have  been 

46076  heretofore  held.     But  [it]  is  further  agreed  that  the  tracts  thus 

46077  reserved  shall  be  reserved  for  the  use  of  the  Indians  named  in 

46078  the  schedule  to  the  said  treaty,  and  held  by  them  and  their  heirs 

46079  forever,  unless  ceded  to  the  United  States. 

46080  ARTICLE  2.  It  is  also  agreed  that  there  shall  be  reserved 

46081  for  the  use  of  the  Wyandots,  in  addition  to  the  reservations  be- 

46082  fore  made,  fifty -five  thousand  six  hundred  and  eighty  acres  of 

46083  land,  to  be  laid  off  in  two  tracts,  the  tirst  to  adjoin  the  south 

46084  line  of  the  section  of  six  hundred  and  forty  acres  of  land  hereto- 

46085  fore  reserved  for  the  Wyandot  chief,  the  Cherokee  Boy,  and  to 

46086  extend  south   to  the  north   line  of  the  reserve  of  twelve  miles 

46087  square,  at  Upper  Sandusky,  and  the  other  to  adjoin  the  east 

46088  line,  of  the  reserve  of  twelve  miles  square  at  Upper  Sandusky, 
46081)  and  to  extend  east  for  quantity. 

There  shall  also  be  reserved  for  the  use  of  the  Wyandots 
460!H     residing  at  Solomon's  Town,  and  on  Blanchard's  Fork,  in  addi 
tion  to  the  reservations  before  made,  sixteen  thousand  acres  of 
>93     land,  to  be  laid  off  in  a  square  form,  on  the  head  of  Blanchard's 
46094     Fork,  the  centre  of  which  shall  be  at  the  Big  Spring,  on  the 
>95    trace  leading  from   Upper  Sandusky  to  Fort  Findlay,  and  one 
hundred  and  sixty  acres  of  land,  for  the  use  of  the  VVyandots, 
>97    on  the  west  side  of  the  Sandusky  River,  adjoining  the  said  river, 
and  the  lower  line  of  two  sections  of  land,  agreed  by  the  treaty, 
to  which  this  is  supplementary,   to   be  granted   to   Elizabeth 
40100     Whitaker. 

There  shall  also  be  reserved  for  the  use  of  the  Shawnese, 
in  addition  to  the  reservations  before  made,  twelve  thousand 
fight  hundred  acres  of  land,  to  be  laid  off  adjoining  the  east 
line  of  their  reserve  of  ten  miles  square  at  Wapaughkonetta; 
tor  the  use  of  the  Shawnese  and  Senecas,  eight  thousand 
hundred  and  sixty  acres  of  land,  to  be  laid  off  adjoining 
t  hue  of  the  reserve  of  forty -eight  square  miles  at  Lewis- 
town.     And  the  last  reserve  hereby  made,  and  the  former  reserve 
at  the  same  place,  shall  be  equally  divided  by  an  east  and  west 


1035 

40110  line,  to  be  drawn  through  the  same.     And  the  north  half  of  the 

46111  said  tract  shall  be  reserved  for  the  use.  of  the  Senecas  who  reside 

46112  there,  and  the  south  half  for  the  use  of  the  Shawnese  wlio  reside 

46113  there. 

46114  There  shall  also  be  reserved  for  the  use  of  the  Seneeas,  in 

46115  addition  to  the  reservations  before  made,  ten  thousand  acres  of 

46116  land,  to  be  laid  off  on  the  east  side  of  the  Sandusky  River,  ad- 

46117  joining  the  south  line  of  their  reservation  of  thirty  thousand 

46118  acres  of  laud,  which  begins  on  the  Saudusky  River,  at  the  lower 

46119  corner  of  William  !5|)icers  section,  and  excluding  therefrom  the 
461:20  said  William  Spicer's  section. 

46121  ARTICLE  3.  It  is   hereby  agreed  that  the  tracts  of  land, 

46122  which  by  the  eighth  article  of  the  treaty  to  which  this  is  sup- 

46123  plenientary,  are  to  be  granted  by  the  United  States  to  the  per- 

46124  sons  therein   mentioned,   shall  never  be  conveyed,  by  them  or 

46125  their  heirs,  without  the  permission  of  the  President  of  the  United 

46126  States. 

46127  ARTICLE  4.  The  United  States  agree  to  pay  to  the  Wyau- 

46128  dots  an  additional  annuity  of  five  hundred  dollars,  forever;  to 

46129  the  Shawnese,  and  to  the  Senecas  of  Lewistown,  an   additional 

46130  annuity  of  one  thousand  dollars,  forever;  and  to  the  Seuecas 

46131  an  additional  annuity  of  five  hundred  dollars,  forever ;  and  to  the 

46132  Ottawas  an  additional  annuity  of  one  thousand  five  hundred  dol- 

46133  lars,  forever.     And  these  annuities  shall  be  paid  at  the  places, 

46134  and  in  the  manner  prescribed  by  the  treaty  to  which  this  is 

46135  supplementary. 

46136  ARTICLE  5.  This  treaty  shall  take  effect,  and  be  obligatory 

46137  on  the  contracting  parties  as  soon  as  the  same  shall  be  ratified 

46138  by  the  President  of  the  United  States,  by  and  with  the  advice 

46139  and  consent  of  the  Seriate  thereof. 

46140  Proclaimed  January  4,  1819. 


46141  WYANDOTS,  SENECAS,  AND  SHAWNEES. 

46142  Articles  of  agreement  and  convention,  made  and  concluded  at  Lewis- 

46143  town,  in  the  county  of  Logan,  and  State  of  Ohio,  on  the  twen- 

46144  tieth  day  of  July,  in  the  year  of  our  Lord  one  thousand  eight 

46145  hundred  and  thirty-one,  by  and  betiveen  James  B.  Gardiner, 

46146  specially  appointed  commissioner  on  the  part  of  the  United 

46147  States,  and  John  McElvain,  Indian  agent  for  the  Wyandots, 

46148  Senecas,  and  Shawnees,  on  the  one  part,  and  the  undersigned 

46149  principal  chiefs  and  warriors  of  the  mixed  band  of  Seneca  and 

46150  Shaivnee  Indians  residing  at  and  around  the  said  Lewistown, 
4615L  of  the  other  part,  for  the,  cession  of  the  lands  now  owned  and 


1036 

46152  occupied  by  said  band,  lying  on  the  icaters  of  the  Great  Miami 

40153  River,  and  icilhin  the  territorial  limits  of  the  organized  county 

40154  of  Logan,  in  ttaid  State  of  Ohio. 

46155  Whereas  the  President  of  the  United  States,  under  the 

46156  authoritory  of  the  act  of  Congress  approved  May  28th,  1830,  has 

46157  appointed  a  special  commissioner  to  confer  with  the  different 

46158  Indian  tribes  residing  within  the  constitutional  limits  of  the 
40159  State  of  Ohio,  and  to  offer  for  their  acceptance  the  provisions 

46160  contained   in   the  before  recited   act;  and    whereas  the  mixed 

46161  band  or  tribes  of  Seneca  and  Shawnee  Indians  residing  at  and 

46162  around  Lewistown  in  said  State   have  expressed  their  perfect 
40163  assent  to  the  conditions  of  said  act,  and  their  willingness  and 
46104  anxiety  to  remove  west  of  the  Mississippi  River,  in  order  to 

46165  obtain  a  more  permanent  and  advantageous  home  for  themselves 

46166  and  their  posterity  :  Therefore,  in  order  to  carry  into  effect  the 
40167    aforesaid  objects,  the  following  articles  have  been  agreed  upon 

46168  by  the  aforesaid  contracting  parties  ;  which,  when  approved  by 

46169  the  President  and  ratified  by  the  Senate  of  the  United  States, 

46170  shall  be  mutually  binding  upon  the  United  States  and  the  said 

46171  Seneca  and  Shawnee  Indians. 

46172  ARTICLE  1.  The  Seneca  and  Shawnee  Indians,  residing  at 

46173  and  around  Lewistown  in  the  State  of  Ohio,  in  consideration  of 

46174  the  stipulations  herein  made  on  the  part  of  the  United  States, 

46175  do  forever  cede,  release,  and  quit-claim  to  the   United  States 

46176  the  lands  granted  to  them  by  patent  in  fee-simple  by  the  sixth 

46177  article  of  the  treaty  made  at  the  foot  of  the  rapids  of  the  Miami 

46178  River  of  Lake  Erie,  on  the  twenty  ninth  day  of  September,  in  the 

46179  year  1817,  (see  page  197,)  containing  forty-eight  square  miles,  and 

46180  described  in  said  treaty  as  follows:  "  Beginning  at  the  intersection 

46181  of  the  line  run  by  Charles  Roberts  in  the  year  one  thousand  eight 
hundred  and  twelve,  from  the  source  of  the  Little  Miami  River, 

46183    to  the  source  of  the  Scioto  River,  in  pursuance  of  instructions 

from  the  commissioners  appointed  on  the  part  of  the  United 

.85    States  to  establish  the  western  boundary  of  the  Virginia  mili- 

.86    tary  reservation,  with  the  Indian  boundary-line  established  by 

187    the  treaty  of  Greenville  in  one  thousand  seven  hundred  and 

ninety-five  from  the  crossings  above  Fort  Lawrence  to  Laramie/s 

Store,  and  to  run  from  such  intersection,  northerly,  with  the  first- 

mentioned  line,  so  as  to  include  the  quantity  as  nearly  in  a  square 

form  as  practicable,  after  excluding  the  section  of  land  granted  to 

ancy  Stewart."    And   the   said   Senecas  and   Shawnees  also 

cede  to  the  United  States,  in  manner  aforesaid,  one  other  tract 

t  land,  reserved  for  them  by  the  second  article  of  the  treaty 


made  at  St.  Mary's,  in  Ohio,  on  the  seventeenth  of  September, 
the  year  1818,  (preceding  treaty,)  which  tract  is  described  in 
1  treaty  as  follows:  "  Eight  thousand  nine  hundred  and  sixty 


1037 

46198  acres  to  be  laid  off  adjoining  the  west  line  of  the  reserve  of  forty  - 

40199  eight  square  miles  at  Lewistown." 

46200  ARTICLE  2.  In  consideration  of  the  cessions  stipulated  in 

46201  the  foregoing  article  the  United  States  agree  to  cause  the  said 

46202  band  of  Senecas  and  Sbawnees,  consisting  of  about  three  hnn- 
^ 46203  dred  souls,  to  be  removed  in  a  convenient  and  suitable  manner 

46204  to  the  western  side  of  the  Mississippi  River,  and  will  grant  by 

46205  patent,  in  fee-simple,  to  them  and  their  heirs  forever,  as  long  as 

46206  they  shall  exist  as  a  nation  and  remain  on  the  same,  a  tract  of 

46207  land  to  contain  sixty  thousand  acres,  to  be   located  under  the 

46208  direction  of  the  President  of  the  United  States,  contiguous  to 

46209  the  lands  granted  to  the  Senecas  of  Sandusky  by  the  treaty 

46210  made  with  them  at  the  city  of  Washington,  on  the  28th  of  Feb- 

46211  ruary,  1831,  and  the  Cherokee  settlement.     The  east  line  of  said 

46212  tract  shall   be  within  two  miles  of  the  west  line  of  the  lauds 

46213  granted  to  the  Senecas  of  Sandusky,  and  the  south  line  shall 

46214  be  within  two  miles  of  the  north  line  of  the  lands  held  by  the 

46215  Cherokees  ;  and  said  two  miles  between  the  aforesaid  lines,  shall 

46216  serve  as  a  common  passway  between  the  before-mentioned  tribes 

46217  to  prevent  them  from  intruding  upon  the  lands  of  each  other. 

46218  ARTICLE  3.  The  United  States  will  defray  the  expense  of 

46219  the  removal  of  the  said  Senecas  and  Shawnees,  and  will  more- 

46220  over  supply  them  with  a  sufficiency  of  good  and  wholesome  pro- 

46221  visions  to  support  them  for  one  year  after  their  arrival  at  their 

46222  new  residence. 

46223  ARTICLE  4.  Out  of  the  first  sales  to  be  made  of  the  lands 

46224  herein  ceded  by  the  said  Seueeas  and  Shawnees,  the   United 

46225  States  will  cause  a  saw-mill  and  a  blacksmith  shop  to  be  erected 

46226  on  the  lands  granted  to  the  said  Indians  west  of  the  Mississippi, 

46227  with   all  necessary   machinery  and  tools,  to  be  supported  and 

46228  kept  in  operation  at  the  expense  of  the  United  States,  for  the 

46229  mutual  and  sole  benefit  of  the  said  Seuecas  and  Shawnees,  and 

46230  the  United  States  will  employ  a  blacksmith  to  execute  the  nec- 

46231  essary  work  for  the  said  Indians  for  such  time  as  the  President 

46232  of  the  United  States,  in  his  discretion,  may  think  proper. 

46233  ARTICLE  5.  In  lieu  of  the  improvements  which   have  been 

46234  made  on  the  lands  herein  ceded,  it  is  agreed  that  the   United 

46235  States  shall  advance  to. the  said  Senecas  and  Shawuees  the  sum 

46236  of  six  thousand  dollars,  to  be  re-imbursed  from  the  sales  of  the 

46237  lands  herein  ceded  by  them  to  the  United  States.     A  fair,  and 

46238  equitable  distribution  of  this  sum  shall  be  made  by  the  chiefs 

46239  of  the  said   Senecas  and   Shawnees,  with  the  consent  of  their 

46240  tribes  in  general  council  assembled,  to  such  individuals  of  the 

46241  tribes  as,  having  left  improvements,  may  be  properly  entitled  to 

46242  the  same. 

46243  ARTICLE  6.  The  live  stock,  farming  utensils,  and  other  chat- 


1038 

46244  tel  property,  which  the  said  Senecas  and  Shawnees  now  own,  and 

46245  may  not  be  able  to  carry  with  them,  shall  be  sold  under  the 
4<>246    superintendauce  of  some  suitable  person  appointed  by  the  Secre- 

46247  tary  of  War,  and  the  proceeds  paid  over  to  owners  of  such  prop- 

46248  erty  respectively. 

46249  ARTICLE  7.  The  said  Senecas  and  Shawnees  shall  be  re 

46250  moved  to  their  new  residence  under  the  care  and  protection  of 

46251  some  competent  and   proper  person,  friendly  to  them  and  ac- 

46252  qnainted  with  their  habits,  manners,  and  customs  5  and  the  chiefs 

46253  of  the  said  tribes  shall  have  the  privilege  of  nominating  such 

46254  person  to  the  President,  who,  if  approved  of  by  him,  shall  have 

46255  charge  of  their  conveyance. 

46256  ARTICLE  8.  The  United  States  will  expose  to  public  sale  to 

46257  the  highest  bidders,  in  the  manner  of  selling  the.  public  lands, 

46258  the  tracts  of  land  herein  ceded  "by  the  Seuecas  and  Shawnees; 
46250    and  after  deducting  from  the  proceeds  of  such  sale  the  sum  of 

46260  seventy  cents  per  acre,  exclusive  of  the  cost  of  surveying  the 

46261  lands,  the  cost  of  the  saw-mill  and  blacksmith  shop,  and  the  sum  of 

46262  six  thousand  dollars  to  be  advanced  in  lieu  of  the  improvements 

46263  on  the  ceded   lands,  it  is  agreed  that  any  balance  which  may  re- 

46264  main  of  the  lands  after  sale  as  aforesaid,  shall  constitute  a  fund 

46265  for  the  future  necessities  of  said  tribes,  on  which  the  Government 

46266  of  the  United  States  agree  and  consent  to  pay  to  the  chiefs  for 
40267  the  use  and  general  benefit  of  the  said  tribes  annually,  five  per 

46268  cent,  on  the  amount  of  the  said  balance  as  an  annuity.     Said  fund 

46269  to  be  con  tinned   during  the  pleasure  of  Congress,  unless  the 

46270  chiefs  of  the  said  tribes,  by  and  with  the  consent  of  the  whole  of 

46271  their  people  in  general  council  assembled,  should  desire  that  the 

46272  fund  thus  to  be  created  shall   be  dissolved  and   paid  over  to 

46273  them,  in  which  case  the  President  shall  cause  the  same  to  be 

46274  paid  over,  if  in  his  discretion  he  shall  think  the  happiness  and 

46275  prosperity  of  said  tribes  would  be  promoted  thereby. 

ARTICLE  9.  It  is  agreed  that  any  annuities  accruing  to  the 

46277  said  Senecas  and  Shawnees  by  former  treaties  shall  be  paid  to 

46278  them  at  their  intended  residence  west  of  the  Mississippi,  under 

46279  the  direction  of  the  President. 

ARTICLE  10.  In  consideration  of  the  former  good  conduct 
J81    and  friendly  disposition  of  the  aforesaid  band  of  Senecas  and 
Shawnees  towards  the  American  Government,  and  as  an  earnest 
183    of  the  kind  feelings  and  good  wishes  of  their  Great  Father  for 
the  future  welfare  and  happiness  of  themselves  and  their  pos 
terity,  it  is  agreed  that  the  United  States  will  give  them,  as 
presents,  the  following  articles,  to  wit:  one  hundred  blankets, 
renty  ploughs,  one  hundred  hoes,  fifty  axes,  ten  rifles,  twenty 
sets  of  horse  gears,  and  Eussia  sheeting  sufficient  to  make  forty 
tents ;  the  whole  to  be  delivered  to  them  as  soon  as  practicable 


1089 

46290  after  their  arrival  at  their  new  residence,  except  the  blankets 

46291  and  the  Russia  sheeting  for  the  tents,  which  shall  be  given  at 

46292  the  time  of  their  setting  out  on  their  journey  ;  all  of  said  articles 

46293  to  be  distributed  by  the  chiefs  according  to  the  just  claims  and 

46294  necessities  of  their  people. 

46295  ARTICLE  11.  The  lands  granted  by  this  agreement  and  con- 

46296  veution  to  the  said  band  of  Senecas  and  Shawnees  shall  not  be 

46297  sold  or  ceded  by  them  except  to  the  United  States.     And  the 

46298  United  States  guarantee  that  said  lands  shall  never  be  within 

46299  the  bounds  of  any  State  or  Territory,  nor  subject  to  the  laws 

46300  thereof;  and  further,  that  the  President  of  the  United  States  will 

46301  cause  said  tribes  to  be  protected  at  their  new  residence  against 

46302  all  interruption  or  disturbance  from  any  other  tribe  or  nation 

46303  of  Indians,  or  from  any  other  person  or  persons  whatever;  and 

46304  he  shall  have  the  same  care  and  superintendence  over  them  in 

46305  the  country  to  which  they  may  design  to  remove,  that  he  has 

46306  heretofore  had  over  them  at  their  present  place  of  residence. 

46307  ARTCLE  12.  At  the  request  of  the  chiefs  of  the  Senecas  and 

46308  Shawnees,  there  is  granted  to  James  McPherson  one  half  section 

46309  of  laud,  to  contain  three  hundred  and  twenty  acres,  to  be  laid  off" 

46310  in  such  part  of  the  lands  here  ceded  as  he  may  select,  so  that 

46311  the  said  half  section  shall  adjoin  the  land  heretofore  donated  to 

46312  him  near  the  southeast  corner  of  that  part  of  the  lauds  herein 

46313  ceded  which  was  assigned  to  the  Shawnees  by  the  second  article 

46314  of  the  treaty  made  at  St.  Mary's,  on  the  17th  of  September, 

46315  1818.     And  this  grant  was  made  in  consideration  of  the  sincere 

46316  attachment  of  the  said  chiefs  and  their  people  for  the  said  James 

46317  McPherson,  who  has  lived  among  them  and  near  them  for  forty 

46318  years,  and  from  whom  they  have  received  numerous  and  valuable 

46319  services  and  benefits;  and  also  in  consideration  of  the  able  and 

46320  candid  manner  in   which  he  has  explained  to  the  Indians  the 

46321  policy  of  the  United  States  in  regard  to  the  future  welfare  and 

46322  permanent  settlement  of  the  Indian  tribes. 

46323  ARTICLE  13.     At  the  request  of  the  aforesaid  chiefs,  there  is 

46324  hereby  granted  to  Henry  H.  McPherson,  an  adopted  son  of  their 

46325  nation,  a    half  section  of  land,  to  contain  three  hundred  and 

46326  twenty  acres,  to  be  added  to  a  half  section  of  land  granted  to 
46527  him   by  the  said  chiefs  on  the  20th  day  of  March,  1821,  and  ap- 

46328  proved  by  the  President  of  the  United  States,  which  is  to  be 

46329  so  laid  off  as  to  enlarge  the  last-mentioned  grant  to  a  square  sec- 

46330  tion. 

46331  ARTICLE  14.  At  the  special  request  of  the  aforesaid  chiefs, 

46332  one  quarter  section  of  land,  to- contain  one  hundred  and  sixty. 

46333  acres,  is  hereby  granted  to  Martin  Lane,  their  interpreter,  who 

46334  married  a  quarter-blood   Indian  woman,  and  has  lived  a  long 

46335  time   among  the   Senecas.     The  said   quarter  section  is  to   be 


1040 

46336  located   under  the  direction  of  the   President    of  the    United 

46337  States. 

40338  ARTICLE  15.  It  is  understood  and  agreed  by  the  present  eon- 

4(5339  tracting  parties  that  the  words  "the  lands  heretofore  donated  to 

4(i;UO  him"  in  the  twelfth  article  of  this  treaty,  have   direct   and  sole 

40341  reference  to  a  verbal  donation  heretofore,  made  by  the  said  Sene- 

40342  cas  and  Shawnees  to  the  said  McPherson,  and  that  the  intention 

40343  is  that  this  treaty  should  confirm  the  former  as  well  as  the  latter 

40344  grant,  so  that  the  said  McPherson  is  entitled  to  one  whole  sec- 

40345  tion  to  be  located  in  the  southeast  corner  of  the  Shawnee  part 
40340  of  the  lands  herein  ceded  as  aforesaid. 

40347  Proclaimed  April  0,  1832. 


40348  YAKAMAS. 

40349  Treaty  between   the    United   States  and  the   Yakama   Nation   of 
46350  Indians,   concluded  at    Camp   Stevens,   Walla  Walla   Valley, 

40351  June  9,  1855;  ratified  by  the  Senate  March  8,  1859. 

40352  JAMES  BUCHANAN,  President  of  the  United  States  of  America, 

40353  to  all  and  singular  to  whom  these  presents  shall  come,  greet- 

40354  ing : 

40355  Whereas  a  treaty  was  made  and  concluded  at  the  treaty - 

46356  ground,  Camp  Stevens,  Walla-Walla  Valley,  on  the  ninth  day  of 

46357  June,  in  the  year  one  thousand  eight  hundred  and  fifty  five,  be- 

46358  tween  Isaac  I.  Stevens,  governor  and  superintendent  of  Indian 

46359  affairs  for  the  Territory  of    Washington,  on   the  part  of  the 

46360  United  States,  and  the  hereinafter-named  head  chief,   chiefs. 

46361  head-men,  and  delegates  of  the  Yakama,  Palouse,  Pisquouse, 

46362  Wenatshapam.  Klikatat,  Kliuquit,  Kow-was-say-ee,   Li-ay-was, 

46363  Skin-pah,  Wish-ham,  Shyiks,  Oche-chotes,    Kah-milt-pah,   and 

46364  Se-ap-cat,  confederate  tribes  and  bands  of  Indians,  occupying 

46365  lands  lying  in  Washington  Territory,  who,  for  the  purposes  of 

46366  this  treaty,  are  to  be  considered  as  one  nation,  under  the  name 
463l>7  of  "  Yakama,"  with  Kamaiakun  as  its  head  chief,  on  behalf  of 

46368  and  acting  for  said  bands  and  tribes,  and  duly  authorized  thereto 

46369  by  them;  which  treaty  is  in  the  words  and  figures  following,  to 

46370  wit : 

3371  Articles  of  agreement  and  convention  made  and  concluded  at 
the  treaty-ground,  Camp  Stevens,  Walla- Walla  Valley,  this 
ninth  day  of  Jane,  in  the  year  one  thousand  eight  hundred 
and  fifty-five,  by  and  between  Isaac  I.  Stevens,  governor 
and  superintendent  of  Indian  affairs  for  the  Territory  of 
Washington,  on  the  part  of  the  United  States,  and  the 
undersigned  head  chief,  chiefs,  head-men,  and  delegates  of 


1041 

the  Yakama,  Palouse,  Pisquouse,  Wenatehapam,  Klikatat, 
Klinquit,  Kow-was-say-ee,  Li-ay-was,  Skin-pah,  Wish-ham, 
Shyiks,  Ocbe-chotes,  Kah-milt-pah,  and  Se-ap-cat,  confeder 
ated  tribes  and  bands  of  Indians,  occupying  lands  herein 
after  bounded  and  described,  and  lying  in  Washington 
Territory,  who  for  the  purposes  of  this  treaty  are  to  be  con 
sidered  as  one  nation,  under  the  name  of  ''Yakama,'7  with 
Kamaiakun  as  its  head  chief,  on  behalf  of  and  acting  for 
said  tribes  and  bands,  and  being  duly  authorized  thereto  by 
46387  them. 

ARTICLE  1.  The  aforesaid  confederated  tribes  and  bands  of 

46389  Indians  hereby  cede,  relinquish,  and  convey  to  the  United  States 

4639D  all  their  right,  title,  and  interest  in  and  to  the  lands  and  country 

46391  occupied  and  claimed  by  them,  and  bounded  and  described  as 

follows, to  wit:  Commencing  at  Mount Eanier ;  thence  northerly 

4G393  along  the  main  ridge  of  the  Cascade  Mountains  to  the  point 

594  where  the  northern  tributaries  of  Lake  Che-Ian  and  the  southern 

46395  tributaries  of  the  Methow  Eiver  have  their  rise;  thence  south- 

46396  easterly  on  the  divide  between   the  waters  of  Lake  Che-Ian 

46397  and  the  Methow  River  to  the  Columbia  Eiver;  thence  crossing 

46398  the  Columbia  on  a  true  east  course  to  a  point  whose  longitude 

46399  is  one  hundred  and  nineteen  degrees  and  ten  minutes,  (119°  10',) 

46400  which  two  latter  lines  separate  the  above  confederated  tribes 

46401  and  bands  from  the  Oakinakane  tribe  of  Indians;  thence  in  a 

46402  true  south  course  to  the  forty-seventh  (47°)  parallel  of  latitude; 

46403  thence  east  on  said  parallel  to  the  main  Palouse  Eiver,  which 

46404  two  latter  lines  of  boundary  separate  the  above  confederated 

46405  tribes  and  bands  from  the  Spokanes;  thence  down  the  Palouse 

46406  Eiver  to  its  junction  with  the  Moh-hah-ne-she  or  southern  tribu- 

46407  tary  of  the  same ;  thence  in  a  southesterly  direction  to  the  Snake 

46408  Eiver  at  the  mouth  of  the  Tucannon  Eiver,  separating  the  above 

46409  confederated  tribes  from  the  Nez  Perce  tribe  of  Indians ;  thence 

46410  down  the  Snake  Eiver  to  its  junction  with  the  Columbia  Eiver  ; 

46411  thence  up  the  Columbia  Eiver  to  the  "  White  Banks"  below  the 
464112  Priest's  Rapids;  thence  westerly  to  a  lake  called  "La  Lac;*' 

46413  thence  southerly  to  a  point  on  the  Yakama  Eiver  called  Toh- 

46414  mjih-luke;  thence  in  a  southwesterly  direction  to  the  Columbia 

46415  Elver,  at  the  western  extremity  of  the  u  Big  Island,  '7  between 

464 16  the  mouths  of  the  Umatilla  Eiver  and  Butler  Creek  ;  all  which 

46417  latter  boundaries  separate  the  above  confederated  tribes  and 

46418  bands  from  the  Walla- Walla,  Cayuse,  and  Umatilla  tribes  and 
4f3419  bands  of  Indians;  thence  down  the  Columbia  Eiver  to  midway 

46420  between  the  mouths  of  White  Salmon  and  Wind  Rivers  ;  thence 

46421  along  the  divide  between  said  rivers  to  the  main  ridge  of  the 

46422  Cascade  Mountains;  and  thence  along  said  ridge  to  the  place  of 


46423     beginning. 


131  I  T 


1042 

4G424  ARTICLE  2.  There  is,  however,  reserved  from  the  lands 

40425  above  ceded  for  the  use  and  occupation  of  the  aforesaid  con- 

4G426  federated  tribes  and  bands  of  Indians,  the  tract  of  land  included 

40427  within  the  following  boundaries,  to  wit:  Commencing  on  the 

46428  Yakama  River,  at  the  mouth  of  the  Attah-nain  River;  thence 

46429  westerly  along  said  Attah-nam  River  to  the  forks 5  thence  along 
4G430  the  southern  tributary  to  the  Cascade  Mountains ;  thence  south - 
4643L  erly  along  the  main  ridge  of  said  mountains,  passing  south  and 
46432  east  of  Mount  Adams,  to  the  spur  whence  flows  the  waters  of  the 
4G433  Klickatat  and  Pisco  Rivers;  thence  down  said  spur  to  the  divide 
4G434  between  the  waters  of  said  rivers;  thence  along  said  divide  to 
46435  the  divide  separating  the  waters  of  the  Satass  River  from  those 
4G43G  flowing  into  the  Columbia  River;  thence  along  said  divide  to 
4G437  the  main  Yakama,  eight  miles  below  the  mouth  of  the  Satass 
4G438  River;  and  thence  up  the  Yakama  River  to  the  place  of  begin- 
4G439  mug. 

46440  All  which  tract  shall  be  set  apart  and,  so  far  as  necessary, 

46441  surveyed  and  marked  out,  for  the  exclusive  use  and  benefit  of 

46442  said  confederated  tribes  and  bands  of  Indians,  as  an  Indian  res- 

46443  ervation ;  nor  shall  any  white  man,  excepting  those  in  the  employ- 

46444  ment  of  the  Indian  Department,  be  permitted  to  reside  upon  the 

46445  said  reservation  without  permission  of  the  tribe  and  the  super  - 

46446  intendent  and  agent.    And  the  said   confederated  tribes  and 

46447  bands  agree  to  remove  to  and  settle  upon  the  same  within  one 

46448  year  after  the  ratification  of  this  treaty.     In  the  mean  time  it 

46449  shall  be  lawful  for  them  to  reside  upon  any  ground  not  in  the 

46450  actual  claim  and  occupation  of  citizens  of  the  United  States ;  and 

46451  upon  any  ground  claimed  or  occupied,  if  with  the  permission  of 

46452  the  owner  or  claimant. 

46453  Guaranteeing,  however,  the  right  to  all  citizens  of  the  United 

46454  States  to  enter  upon  and  occupy  as  settlers  any  lands  not  actu- 

46455  ally  occupied  and  cultivated  by  said  Indians  at  this  time,  and 

46456  not  included  in  the  reservation  above  named. 

And  provided,  That  any  substantial  improvements  hereto- 

46458  fore  made  by  any  Indian,  such  as  fields  enclosed  and  cultivated, 

46459  and  houses  erected  upon  the  lands  hereby  ceded,  and  which  he 
:60    may  be  compelled  to  abandon  in  consequence  of  this  treaty,  shall 

be  valued,  under  the  direction  of  the  President  of  the  United 
States,  and  payment  made  therefor  in  money  ;  or  improvements 
:C3  of  an  equal  value  made  for  said  Indian  upon  the  reservation. 
And  no  Indian  will  be  required  to  abandon  the  improvements 
aforesaid,  now  occupied  by  him,  until  their  value  in  money  or 

improvements  of  an  equal  value  shall  be  furnished  him  as  afore - 
46467     said. 

ARTICLE  3.  And  provided,  That,  if  necessary  for  the  public 
convenience,  roads  maybe  run  through  the  said  reservation; 


1043 

46470  and  on  the  other  hand,  the  right  of  way,  with  free  access  from 

46471  the  same  to  the  nearest  public  highway,  is  secured  to  them  ;  as 

46472  also  the  right,  in  common  with  citizens  of  the  United  States,  to 

46473  travel  upon  all  public  highways. 

46474  The  exclusive  right  of  taking  fish  in  all  the  streams,  where 

46475  running  through  or  bordering  said  reservation,  is  further  secured 

46476  to  said  confederated  tribes  and  bands  of  Indians,  as  also  the 

46477  right  of  taking  fish  at  all  usual  and  accustomed  places,  in 

46478  common  with  the  citizens  of  the  Territory,  and  of  erecting  tern- 
46470  porary  buildings  for  curing  them  ;  together  with  the  privilege  of 

46480  hunting,  gathering  roots  and  berries,  and  pasturing  their  horses 

46481  and  cattle  upon  open  and  unclaimed  land. 

46482  ARTICLE  4.  In  consideration  of   the  above  cession,   the 

46483  United  States  agree  to  pay  to  the  said  confederated  tribes  and 

46484  bands  of  Indians,  in  addition  to  the  goods  and  provisions  distrib- 

46485  uted  to  them  at  the  time  of  signing  this  treaty,  the  sum  of  two 

46486  hundred  thousand  dollars,  in  the  following  manner,  that  is  to  say : 

46487  Sixty  thousand  dollars,  to  be  expended  under  the  direction  of  the 

46488  President  of  the  United  States  the  first  year  after  the  ratifica- 

46489  tion  of  this  treaty,  in  providing  for  their  removal  to  the  reserva- 

46400  tion,  breaking  up  and  fencing  farms,  building  houses  for  them, 

46401  supplying  them  with  provisions  and  a  suitable  outfit,  and  for 

46402  such  other  objects  as  he  may  deem  necessary,  and  the  remainder  in 

46403  annuities  as  follows  :  For  the  first  five  years  after  the  ratification 

46404  of  the  treaty,  ten  thousand  dollars  each  year,  commencing  Sep- 

46405  tember  first,  1856  ;  for  the  next  five  years,  eight  thousand  dollars 

46406  each  year ;  for  (he  next  five  years,  six  thousand  dollars  per  year ; 

46407  and  for  the  next  five  years,  four  thousand  per  year. 

46408  All  which  sums  of  money  shall  be  applied  to  the  use  and 
46400  benefit  of  said  Indians  under  the  direction  of  the  President  of 

46500  the  United  States,  who  may  from  time  to  time  determine,  at  his 

46501  discretion,  upon  what  beneficial  objects  to  expend  the  same  for 

46502  them.    And  the  superintendent  of  Indian  affairs,  or  other  proper 

46503  officer,  shall  each  year  inform  the  President  of  the  wishes  of  the 

46504  Indians  in  relation  thereto. 

46505  ARTICLE  5.  The  United  States  further  agree  to  establish  at 

46506  suitable  points  within  said  reservation,  within  one  year  after  the 

46507  ratification  hereof,  two  schools,  erecting  the  necessary  buildings, 

46508  keeping  them  in  repair,  and  providing  them  with  furniture,  books 
46500  and  stationery,  one  of  which  shall  be  an  agricultural  and  indus- 

46510  trial  school,  to  be  located  at  the  agency,  and  to  be  free  to  the 

46511  children  of  the  said  confederated  tribes  and  bauds  of  Indians, 

46512  and  to  employ  one  superintendent  of  teaching  and  two  teachers ; 

46513  to  build  two  blacksmiths'  shops,  to  one  of  which  shall  be  attached 

46514  a  tin-shop,  and  to  the  other  a  gunsmith's  shop  ;  one  carpenter's 

46515  shop,  one  wagon  and  plough  maker's  shop,  and  to  keep  the  same 


1044 

46516  in  repair  and  furnished  with  the  necessary  tools;  to  employ  one 

46317  superintendent  of  farming-  and  two  farmers,  two  blacksmiths, 

46518  one  tinner,  one  gunsmith,  one  carpenter,  one  wagon  and  plough 

46510  maker,  for  the  instruction  of  the  Indians  in  trades  and  to  assist 

46520  them  in  the  same;  to  erect  one  saw-mill  and  one  flouring-mill, 

46521  keeping  the  same  in  repair  and  furnished  with  the  necessary 

46522  tools  and  fixtures ;  to  erect  a  hospital,  keeping  the  same  in  repair 

46523  and  provided  with  the  necessary  medicines  and  furniture,  and 

46524  to  employ  a  physician ;  and  to  erect,  keep  in  repair,  and  provided 

46525  with  the  necessary  furniture,  the  building  required  for  the  accom- 

46526  moda'tion  of  the  said  employees.     The  said  buildings  and  estab- 

46527  lishinents  to  be  maintained  and  kept  in  repair  as  aforesaid,  and 

46528  the  employees  to  be  kept  in  service  for  the  period  of  twenty 

46529  years. 

46530  And  in  view  of  the  fact  that  the  head  chief  of  the  said  con- 

46531  federated  tribes  and  bauds  of  Indians  is  expected,  and  will  be 

46532  called  upon  to  perform  many  services  of  a  public  character, 

46533  occupying  much  of  his  time,  the  United  States  further  agree  to 

46534  pay  to  the  said  confederated  tribes  and  bands  of  Indians  five 

46535  hundred  dollars  per  year,  for  the  term  of  twenty  years  after  the 

46536  ratification  hereof,  as  a  salary  for  such  person  as  the  said  con- 

46537  federated  tribes  and  bands  of  Indians  may  select  to  be  their 

46538  head  chief,  to  build  for  him  at  a  suitable  point  on  tlm  reserva- 
46530  tion  a  comfortable  house,  and  properly  furnish  the  same,  and  to 

46540  plough  and  fence  ten  acres  of  laud.    The  said  salary  to  be  paid 

46541  to,  and  the  said  house  to  be  occupied  by,  such  head  chief  so  long 

46542  as  he  may  continue  to  hold  that  office. 

46543  And  it  is  distinctly  understood  and  agreed  that  at  the  time 

46544  of  the  conclusion  of  this  treaty  Kaniaiakuu  is  the  duly  elected 

46545  and  authorized  head  chief  of  the  confederated  tribes  and  bauds 

46546  aforesaid,  styled  the  Yakama  Nation,  and  is  recognized  as  such 

46547  by  them  and  by  the  commissioners  on  the  part  of  the  United 

46548  States  holding  this  treaty;   and  all  the  expenditures  and  ex-' 
46540  penses  contemplated  in  this  article  of  this  treaty  shall  be  defrayed 

46550  by  the  United  States,  and  shall  not  be  deducted  from  the  an- 

46551  unities  agreed  to  be  paid  to  said  confederated  tribes  and  bands 

46552  of  Indians.    Xor  shall  the  cost  of  transporting  the  goods  for  the 

46553  annuity  payments  be  a  charge  upon  the  annuities,  but  shall  be 

46554  defrayed  by  the  United  States. 

ARTICLE  6.  The  President  may,  from  time  to  time,  at  his 
discretion,  cause  the  whole  or  such  portions  of  such  reservation 

557  as  he  may  think  proper,  to  be  surveyed  into  lots,  and  assign  the 
same  to  such  individuals  or' families  of  the  said  confederated 
tribes  and  bands  of  Indians  as  are  willing  to  avail  themselves  of 
the  privilege,  and  will  locate  on  the  same  as  a  permanent  home, 
on  the  same  terras  and  subject  to  the  same  regulations  as  are 


1045 

46502  provided  in  the  sixth  article  of  the  treaty  with  the  Omahas,  so 

46563  far  as  the  same  may  bo  applicable. 

46564  ARTICLE  7.  The  annuities  of  the  aforesaid  confederated 

46565  tribes  and  bands  of  Indians  shall  not  be  taken  to  pay  the  debts 

46566  of  individuals. 

46567  ARTICLE  8.  The  aforesaid  confederated  tribes  and  bands  of 

46568  Indians  acknowledge  their  dependence  upon  the  Government  of 
46560  the  United  States,  and  promise  to  be  friendly  with  all  citizens 

46570  thereof,  and  pledge  themselves  to  commit  no  depredations  upon 

46571  the  property  of  such  citizens. 

46572  And  should  any  one  *r  more  of  them  violate  this  pledge, 

46573  and  the  fact  be  satisfactorily  proved  before  the  agent,  the  prop- 

46574  erty  taken  shall  be  returned,  or  in  default  thereof,  or  if  injured 

46575  or  destroyed,  compensation  may  be  made  by  the  Government 

46576  out  of  the  annuities. 

46577  Nor  will  they  make  war  upon  any  other  tribe,  except  in 

46578  self-defence,  but  will  submit  all  matters  of  difference  between 

46579  them  and  other  Indians  to  the  Government  of  the  United  States 

46580  or  its  agent  for  decision,  or  abide  thereby.    And  if  any  of  the 

46581  said  Indians  commit  depredations  on  any  other  Indians  within 

46582  the  Territory  of  Washington  or  Oregon,  the  same  rule  shall  pre- 
46583  vail  as  that  provided  in  this  article  in  case  of  depredations 

46584  against  citizens.    And  the  said  confederated  tribes  and  bands 

46585  of  Indians  agree  not  to  shelter  or  conceal  offenders  against  the 

46586  laws  of  the  United  States,  but  to  deliver  them  up  to  the  author - 

46587  ities  for  trial. 

46588  ARTICLED.  The  said  confederated  tribes  and  bands  of  I  n- 

46589  dians  desire  to  exclude  from  their  reservation  the  use  of  ardent 

46590  spirits,  and  to  prevent  their  people  from  drinking  the  same,  and, 
40591  therefore,  it  is  provided  that  any  Indian  belonging  to  said  con- 
46592  federated  tribes  and  bauds  of  Indians  who  is  guilty  of  bringing 

40593  liquor  into  said  reservation,  or  who  drinks  liquor,  may  have  his 

40594  or  her  annuities  withheld  from  him  or  her  for  such  time  as  the 

40595  President  may  determine. 

40590  ARTICLE  10.  And  provided,*  That  there  is  also  reserved  and 

46597  set  apart  from  the  lands  ceded  by  this  treaty,  for  the  use  and 

46598  benefit  of  the  aforesaid  confederated  tribes  and  bauds,  a  tract 

46599  of  land  not  exceeding  in  quantity  one  township  of  six  miles 

46600  square,  situated  at  the  forks  of  the  Pisquouse  or  TVenatshapani 

40001  Kiver,  and  known  as  the  "  Wenatshapam  Fishery,"  which   said 

40002  reservation  shall  be  surveyed   and  marked  out  whenever  the 

40003  President  may  direct,  and  be  subject  to  the  same  provisions  and 

40004  restrictions  as  other  Indian  reservations. 

40005  ARTICLE  11.  This  treaty  shall  be  obligatory  upon  the  con- 
40000  tracting  parties  as  soon  as  the  same  shall  be  ratified  by  the 
46007  President  and  Senate  of  the  United  States. 

40608  Proclaimed  April  18,  1859. 


1046 


4660«,  CHOCTAWS  AND  CHICKASAWS. 

46010  X.  B.— The  following  treat}*  ought  to  appear  at  page  274. 

4CG11  Articles  of  convention  and  agreement  made  on  the  seventeenth  clay 

40012  of  January,  1837,  between  the  undersigned  chiefs  and  commis- 

40013  signers  duly  appointed  and  empowered  ly  the  Choctaw  tribe  of 

40014  red  people,  and  John  NcLish,  Pitman  Colbert,  James  Brown, 
4001,")  and  James  Perry,  delegates  of  the  Chiehasaw  tribe  of  Indians, 
40010  duly  authorized  by  the  chiefs  and  head-men  of  said  people  for 

40017  that  purpose,  at  Doaksrillc,  near  Fort  Toivson,  in  the  Choctaw 

40018  country. 

40019  ARTICLE  1.  It  is  agreed  by  the  Choctaws  that  the  Chicka- 

40020  saws  shall  have  the  privilege  of  forming  a  district  within  the 
40G21  limits  of  their  country,  to  be  held  on  the  same  terms  that  the 

40022  Choctaws  now  hold  it,  except  the  right  of  disposing  of  it,  (which 

40023  is  held  in  common  with  the  Choctaws  and  Chickasaws,)  to  be 

40024  called  the  Chickasaw  district  of  the  Choctaw7  Nation;  to  have 

40025  an  equal  representation  in  their  general  council,  and  to  be  placed 
4GG2G  on  an  equal  footing  in. every  other  respect  with  any  of  the  other 
4GG27  districts  of  said  nation,  except  a  voice  in  the  management  of  the 

40028  consideration  which  is  given  for  these  rights  and  privileges ;  and 

40029  the  Chickasaw  people  to  be  entitled  to  all  the  rights  and  privi- 

40030  leges  of  Choctaws,  with  the  exception  of  participating  in  the 

40031  Choctaw  annuities  and  the  consideration  to  be  paid  for  these 
40632  rights  and  privileges,  and  to  be  subject  to  the  same  laws  to  which 
40G33  the  Choctaws  are;  but  the  Chickasaws  reserve  to  themselves 

40034  the  sole  right  and  privilege  of  controlling  and  managing  the 

40035  residue  of  their  funds  as  far  as  is  consistent  with  the  late  treaty 
40G3G  between  the  said  people  and  the  Government  of  the  United 
46037  States,  and  of  making  such  regulations  and  electing  such  officers 
4GG38  for  that  purpose  as  they  may  think  proper. 

46039  ARTICLE  2.  The  Chickasaw  district  shall  be  bounded  as  fol- 

46640  lows,  viz:  beginning  on  the  north  bank  of  Eed  lliver,  at  the 

46641  mouth  of  Island  Bayou,  about  eight  or  ten  miles  below  the 

46642  mouth  of  False  Wachitta ;  thence  running  north  along  the  main 
:6G43  channel  of  said  bayou  to  its  source;  thence  along  the  dividing 

46644  ridge  between  the  Wachitta  and  Low  Blue  Elvers  to  the  road 
leading  from  Fort  Gibson  to  Fort  Wachitta;  thence  along  said 

46  road  to  the  line  dividing  Musha-la-tubbee  and  Push-meta-haw 

347  districts ;  thence  eastwardly  along  said  district  line  to  the  source 
of  Brushy  Creek ;  thence  down  said  creek  to  where  it  flows  into 
the  Canadian  lliver,  ten  or  twelve  miles  above  the  mouth  of  the 

MfcO  south  fork  of  the  Canadian  ;  thence  west  along  the  main  Cana 
dian  River  to  its  source,  if  in  the  limits  of  the  United  States,  or 


1047 

46G52  to  those  limits;  and  thence  due  south  to  Red  River,  and  down 

46653  Red  River  to  the  beginning. 

46654  ARTICLE  3.  The  Chickasaws  agree  to  pay  the  Choctaws,  as  a 

46655  consideration  for  these  rights  and  privileges,  the  sum  of  five 

46656  hundred  and  thirty  thousand  dollars— thirty  thousand  of  which 

46657  shall  be  paid  at  the  time  and  in  the  manner  that  the  Choctaw 

46658  annuity  of  1837  is  paid,  and   the  remaining  five  hundred  thou- 

46659  sand  dollars  to  be  invested  in  some  safe  and  secure  stocks,  under 

46660  the  direction  of  the  Government  of  the  United  States,  redeem  - 

46661  able  within  a  period  of  not  less  than  twenty  years — and  the 

46662  Government  of  the  United  States  shall  cause  the  interest  aris- 

46663  ing  therefrom  to  be  paid  annually  to  the  Choctaws  in  the  follow- 

46664  ing  manner:  twenty  thousand  dollars  of  which  to  be  paid  as 

46665  the  present  Choctaw  annuity  is  paid,  for  four  years,  and  the 

46666  residue  to  be  subject  to  the  control  of  the  general  council  of  the 

46667  Choctaws  ;  and  after  the  expiration  of  the  four  years  the  whole 

46668  of  said  interest  to  be  subject  to  the  entire  control  of  the  said 

46669  council. 

46670  ARTICLE  4.  To  provide  for  the  future  adjustment  of  all  com- 

46671  plaints  or  dissatisfaction  which  may  arise  to  interrupt  the  peace 

46672  and  harmony  which  have  so  long  and  so  happily  existed  between 

46673  the  Choctaws  and  Chickasaws,  it  is  hereby  agreed  by  the  parties 

46674  that  all  questions  relative  to  the  construction  of  this  agreement 

46675  shall  be  referred  to  the  Choctaw  agent  to  be  by  him  decided  ; 

46676  reserving,  however,  to  either  party,  should  it  feel  itself  aggrieved 

46677  thereby,  the  rights  of  appealing  to  the  President  of  the  United 

46678  States,  whose  decision  shall  be  final  and  binding.    But  as  con- 

46679  siderable  time  might  elapse  before  the  decision  of  the  President 

46680  could  be  had,  in  the  mean  time  the  decision  of  the  said  agent 

46681  shall  be  binding. 

46682  ARTICLE  5.  It  is  hereby  declared  to  be  the  intention  of  th  e 

46683  parties  hereto,  that  equal  rights  and  privileges  shall  pertain  to 

46684  both  Choctaws  and  Chickasaws  to  settle  in  whatever  district 

46685  they  may  think  proper,  and  to  be  eligible  to  all  the  different 

46686  offices  of  the  Choctaw  Nation,  and  to  vote  on  the  same  terms  in 

46687  whatever  district  they  may  settle,  except  that  the  Choctaws  are 

46688  not  to  vote  in  anywise  for  officers  in  relation  to  the  residue  of 

46689  the  Chickasaw  fund. 

46690  Proclaimed  March  24,  1837. 

4G691  TREATY  OF  FORT  LARAM1E. 

46692  The  following  treaty,  though  never  ratified  or  printed,  is 

46693  sometimes  referred  to  in  appropriations  and  in  other  treaties ; 

46694  for  instance,  treaty  with  the  Sioux,  Yauctou  tribe,  proclaimed 

46695  February  26,  1859.     See  foot  of  page  856. 


1048 

46696  Articles  of  a  treaty  made  and  concluded  at  Fort  Laramie, 

4GG97  in  the  Indian  Territory,  between  D.  D.  Mitchell,  superintendent 

4G698  of  Indian  affairs,  and  Thomas  Fitzpatrick,  Indian  agent,  com- 

46609  missioners  specially  appointed  and  authorized  by  the  President 

46700  of  the  United  States,  of  the  first  part,  and  the  chiefs,  head- 

46701  men,  and  braves  of  the  following  Indian  nations,  residing  south 

46702  of  the  Missouri  River,  east  of  the  Eocky  Mountains,  and  north 

46703  of  tbe  lines  of  Texas  and  New  Mexico,  viz,  the  Sioux  or  Dah- 

46704  cotahs,   Cheyennes,    Arrapahoes,   Crows,  Assinaboiues,   Gros- 

46705  Ventre  Maudans,  and  Arrickaras,  parties  of  the  second  part,  on 

46706  the  seventeenth  day  of  September,  A.  D.  one  thousand  eight 

46707  hundred  and  fifty-one. 

46708  ARTICLE  1.  The  aforesaid  nations,  parties  to  this  treaty, 

46709  having  assembled  for  the  purpose  of  establishing  and  confirming 

46710  peaceful  relations  amongst  themselves,  do  hereby  covenant  and 

46711  agree  to  abstain  in  future  from  all  hostilities  whatever  against 

46712  each  other,  to  maintain  good  faith  and  friendship  in  all  their 

46713  mutual  intercourse,  and  to  make  an  effective  and  lasting  peace. 

46714  ARTICLE  2.  The  aforesaid  nations  do  hereby  recognize  the 

46715  right  of   the  United   States  Government  to   establish  roads, 

46716  military  and  other  posts,  within  their  respective  territories. 

46717  ARTICLES.  In  consideration  of  the  rights  and  privileges 

46718  acknowledged  in  the  preceding  article,  the  United  States  bind 

46719  themselves  to  protect  the  aforesaid  Indian  nations  against  the 

46720  commission  of  all  depredations  by  the  people  of  the  said  United 

46721  States,  after  the  ratification  of  this  treaty. 

46722  ARTICLE  4.  The  aforesaid  Indian  nations  do  hereby  agree 

46723  and  bind  themselves  to  make  restitution  or  satisfaction  for  any 

46724  wrongs  committed,  after  the  ratification  of  this  treaty,  by  any 

46725  band  or  individual  of  their  people,  on  the  people  of  the  United 

46726  States,  whilst  lawfully  residing  in  or  passing  through  their  re- 

46727  spective  territories. 

ARTICLE  5.  The  aforesaid  Indian  nations  do  hereby  recognize 

46729  and   acknowledge  the  following  tracts  of    country,   included 

46730  within  the  metes  and  boundaries  hereinafter   designated,  as 

46731  their  respective  territories,  viz  : 

The  territory  of  the  Sioux  or  Dahcotah  Nation,  commencing 

46733  the  mouth  of  the  White  Earth  Kiver,  on  the  Missouri  River ; 

46734  thence  in  a  southwesterly  direction  to  the  forks  of  the  Platte 

46735  Kiver;  thence  up  the  north  fork  of  the  Platte  Kiver  to  a  point 
iGI3?  known  as  the  Red  Bute,  or  where  the  road  leaves  the  river  ; 
46737  thence  along  the  range  of  mountains  known  as  the  Black 

Hills,  to  the  head- waters  of  Heart  Kiver ;  thence  down  Heart 
Kiver  to  its  mouth ;  and  thence  down  the  Missouri  Kiver  to  the 

46740  place  of  beginning. 

The  territory  of  the  Gros  Yentre,  Maudans,  and  Arrickaras 


1049 

46742  Nations,  commencing  at  the  mouth  of  Heart  Kiver  ;  thence  up 

4G743  the  Missouri  Eiver  to  the  mouth  of  the  Yellowstone  Kiver; 

46744  thence  up  the  Yellowstone  Eiver  to  the  mouth  of  Powder  Kiver 

46745  in  a  southeasterly  direction,  to  the  head- waters  of  the  Little  Mis- 

46746  souri  Kiver ;  thence  alouge  the  Black  Hills  to  the  head  of  Heart 

46747  River,  and  thence  down  Heart  Kiver  to  the  place  of  beginning. 

46748  The  territory  of  the  Assinaboin  Nation,  commencing  at  the 

46749  mouth  of  Yellowstone  Kiver ;  thence  up  the  Missouri  Kiver  to  the 

46750  mouth  of  the  Muscle-shell  Kiver  ;  thence  from  the  mouth  of  the 

46751  Muscle-shell  Kiver  in  a  southeasterly  direction  until  it  strikes 

46752  the  head-waters  of  Big  Dry  Creek  ;  thence  down  that  creek  to 

46753  where  it  empties  into  the  Yellowstone  River,  nearly  opposite 

46754  the  mouth  of  Powder  River,  and  thence  down  the  Yellowstone 

46755  River  to  the  place  of  beginning. 

46756  The  territory  of  the  Blackfoot  Nation,  commencing  at  the 

46757  mouth  of  Muscle-shell  River ;  thence  up  the  Missouri  River  to  its 

46758  source ;  thence  along  the  main  range  of  the  Rocky  Mountains,  in 

46759  a  southerly  direction,  to  the  head-waters  of  the  northern  source 

46760  of  the  Yellowstone  River  ;  thence  down  the  Yellowstone  River 

46761  to  the  mouth  of  Twenty-five  Yard  Creek  ;  thence  across  to  the 

46762  head-waters  of  the  Muscle-shell  River,  and  thence  down  the 

46763  Muscle-shell  River  to  the  place  of  beginning. 

46764  The  territory  of  the  Crow  Nation,  commencing  at  the  mouth 

46765  of  Powder  River  on  the  Yellowstone ;  thence  up  Powder  River  to 

46766  its  source  ;  thence  along  the  main  range  of  the  Black  Hills  and 

46767  Wind  River  Mountains  to  the  head-waters  of  the  Yellowstone 

46768  River ;  thence  down  the  Yellowstone  Kiver  to  the  mouth  of  Twen. 

46769  ty-five  Yard  Creek;  thence  to  the  head-waters  of  the  Muscle 

46770  shell  River ;  thence  down  the  Muscle-shell  River  to  its  mouth ; 

46771  thence  to  the  head-waters  of  Big  Dry  Creek,  and  thence  to  its 

46772  mouth. 

46773  The  territory  of  the  Cheyennes  and  Arrapahoes,  commenc- 

46774  ing  at  the  Red  Bute,  or  the  place  where  the  road  leaves  the 

46775  north  fork  of  the  Platte  River ;  thence  up  the  north  fork  of  the 

46776  Platte  River  to  its  source ;  thence  along  the  main  range  of  the 

46777  Rocky  Mountains  to  the  head- waters  of  the  Arkansas  River; 

46778  thence  down  the  Arkansas  River  to  the  crossing  of  the  Santa 

46779  Fe  road  ;  thence  in  a  northwesterly  direction  to  the  forks  of  the 

46780  Platte  River,  and  thence  up  the  Platte  River  to  the  place  of 

46781  beginning. 

46782  It  is,  however,  understood  that,  in  making  this  recognition 

46783  and  acknowledgement,  the  aforesaid    Indian    nations    do  not 

46784  hereby  abandon  or  prejudice  any  rights  or  claims  they  may  have 
40785  to  other  lands ;  and  further,  that  they  do  not  surrender  the  priv- 

46786  ilege  of  hunting,  fishing,  or  passing  over  any  of  the  tracts  of 

46787  country  heretofore  described. 

*132  I  T 


1050 

4G788  ARTICLE  6.  The  parties  to  the  second  part  of  this  treaty 

46789  having  selected  principals  or  head-chiefs  for  their  respective 

46790  nations,  through  whom  all  national  business  will  hereafter  be 

46791  conducted,  do  hereby  bind  themselves  to  sustain  said  chiefs 

46792  and  their  successors  during  good  behavior. 

46793  ARTICLE  7.  In  consideration  of  the  treaty  stipulations,  and 

46794  for  the  damages  which  have  or  may  occur  by  reason  thereof  to 

46795  the  Indian  nations,  parties  hereto,  and  for  their  maintenance 

46796  and  the  improvement  of  their  moral  and  social  customs,  the 

46797  United  States  bind  themselves  to  deliver  to  the  said  Indian  na- 

46798  tions  the  sum  of  fifty  thousand  dollars  per  annum  for  the  term 

46799  of  ten  years,  with  the  right  to  continue  the  same  at  the  discre. 

46800  tion  of  the  President  of  the  United  States  for  a  period  not 

46801  exceeding  five  years  thereafter,  in  provisions,  merchandise,  do- 

46802  mestic  animals,  and  agricultural  implements,  in  such  proportions 

46803  as  may  be  deemed  best  adapted  to  their  condition  by  the  Pres- 

46804  ident  of  the  United  States,  to  be  distributed  in  proportion  to  the 

46805  population  of  the  aforesaid  Indian  nations. 

46806  ARTICLE  8.  It  is  understood  and  agreed  that  should  any  of 

46807  the  Indian  nations,  parties  to  this  treaty,  violate  any  of  the 

46808  provisions  thereof,  the  United  States  may  withhold  the  whole 

46809  or  a  portion  of  the  annuities  mentioned  in  the  preceding  article 

46810  from  the  nation  so  offending,  until,  in  the  opinion  of  the  Pres- 

46811  ident  of  the  United  States,  proper  satisfaction  shall  have  been 

46812  made. 

46813  In  testimony  whereof  the  said  D.  D.  Mitchell  and  Thomas 

46814  Fitzpatrick,  commissioners  as  aforesaid,  and  the  chiefs,  head- 

46815  men,  and  braves,  parties  hereto,  have  set  their  hands  and 

46816  affixed  their  marks,  on  the  day  and  at  the  place  first  above 

46817  written. 

46818  [The  following  agreement  is  conditionally  recognized  in  the 

46819  act  of  February  14,  1873,  17   Statutes  at  Large,  page  457, 

46820  where  the  agreement  is  confirmed,  except  the  paragraphs  third 

46821  to  ninth,  both  inclusive,  no  part  of  the  appropriation  to  be  ex 
pended  until  the  ratification  of  the  agreement  by  the  Indians  as 

46823  amended.    The  treaty  referred  to  in  the  agreement  is  to  be  found 

46824  at  page  909,  foot.] 

Agreement  with  the  Sisseton  and  Wahpeton  lands  of  Sioux  In- 


Whereas  the  Sisseton  and  Wahpeton  bands  of  Dakotah 
or  Sioux  Indians  made  and  concluded  a  treaty  with  the  United 
States,  at  the  City  of  Washington,  D.  0.,  on  the  19th  day  of 
February,  A,  D.  1867,  (see  page  909,)  which  was  ratified,  with 


1051 

46831  certain  amendments,  by  the  Senate  of  the  United  States  on  the 

46832  15th  day  of  April,  1867,  and  finally  promulgated  by  the  Presi- 

46833  dent  of  the  United  States  on  the  2d  day  of  May,  in  the  year 

46834  aforesaid,  by  which  the  Sisseton  and  Wahpeton  bands  of  Sioux 

46835  Indians  ceded  to  the  United  States  certain  privileges  and  rights 

46836  supposed  to  belong  to  said  bands  in  the  territory  described  in 

46837  article  two  (2)  of  said  treaty;  and 

46838  Whereas  it  is  desirable  that  all  said  territory,  except  the 

46839  portion  thereof  comprised  in  what  is  termed  the  permanent  res- 

46840  ervations,  particularly  described  in  articles  three  (3)  and  four 

46841  (4)  of  said  treaty,  shall  be  ceded  absolutely  to  the  United  States 

46842  upon  such  consideration  as  in  justice  and  equity  should  be  paid 
46843^  therefor  by  the  United  States ;  and 

46844  Whereas  said  territory,  now  proposed  to  be  ceded,  is  no 

46845  longer  available  to  said  Indians  for  the  purpose  of  the  chase, 

46846  and  such  value  or  consideration  is  essentially  necessary  in  order 

46847  to  enable  said  bands  interested  therein  to  cultivate  portions  of 

46848  said  permanent  reservations,  and  become  wholly  self-supporting 

46849  by  the  cultivation  of  the  soil  and  other  pursuits  of  husbandry  : 

46850  Therefore,  the  said  bands,  represented  in  said  treaty,  and  parties 

46851  thereto,  by  their  chiefs  and  head-men,  now  assembled  in  coun- 

46852  cil,  do  propose  to  M.  N.  Adams,  William  H.  Forbes,  and  James 

46853  Smith,  jr.,  commissioners  on  behalf  of  the  United  States,  as 

46854  follows : 

46855  First.  To  cede,  sell,  and  relinquish  to  the  United  States  all 

46856  their  right,  title,  and  interest  in  and  to  all  lands  and  territory 

46857  particularly  described  in  article  two  (2)  of  said  treaty,  as  well  as 

46858  all  lands  in  the  Territory  of  Dakota  to  which  they  have  title  or 

46859  interest,  excepting  the  said  tracts  particularly  described  and 

46860  bounded  in  articles  three  (3)  and  four  (4)  of  said  treaty,  which 

46861  last-named  tracts  ajid  territory  are  expressly  reserved  as  per- 

46862  manent  reservations  for  occupancy  and  cultivation,   as  con- 

46863  templatedby  articles  eight,  (8,)  nine,  (9,)  and  ten  (10)  of  said 

46864  treaty. 

46865  Second.  That,  in  consideration  of  said  cession  and  reliii- 

46866  quishment,  the  United  States  shall  advance  and  pay,  annually, 

46867  for  the  term  of  ten  (10)  years  from  and  after  the  acceptance  by 

46868  the  United  States  of  the  proposition  herein  submitted,  eighty 

46869  thousand  (80,000)  dollars,  to  be  expended  under  the  direction  of 

46870  the  President  of  the  United  States,  on  the  plan  and  in  accordance 

46871  with  the  provisions  of  the  treaty  aforesaid,  dated  February  19, 

46872  1867,  for  goods  and  provisions,  for  the  erection  of  manual-labor 

46873  and  public  school-houses,  and  for  the  support  of  manual-labor 

46874  and  public  schools,  and  in  the  erection  of  mills,  blacksmith- 

46875  shops,  and  other  work-shops,  and  to  aid  in  opening  farms,  break. 

46876  ing  land  and  fencing  the  same,  and  in  furnishing  agricultural 


1052 

4G877  implements,  oxen,  and  milch-cows,  and  such  other  beneficial  ob- 

4G878  jects  as  may  be  deemed  most  conducive  to  the  prosperity  and 

4G879  happiness  of  the  Sisseton  and  Wahpeton  bands  of  Dakota  or 

46880  Sioux  Indians  entitled  thereto  according  to  the  said  treaty  of 

4G881  February  19,  18G7.     Such  annual  appropriation  or  consideration 

46882  to  be  apportioned  to  the  Sisseton  and  DeviPs  Lake  agencies,  in 

46883  proportion  to  the  number  of  Indians  of  the  said  bands  located 

46884  upon  the  Lake  Traverse  and  Devil's  Lake  reservations  respect- 

46885  ively.    Such  apportionment  to  be  made  upon  the  basis  of  the 

46886  annual  reports  or  returns  of  the  agents  in   charge.     Said  con- 

46887  sideration,  amounting  in  the  aggregate  to  eight  hundred  thou- 

46888  sand  (800,000)  dollars,  payable  as  aforesaid,  without  interest. 

46889  Third.  As  soon  as  may  be  the  said  territory  embraced  with- 

46890  in  said  reservation  described  in  article  four,  (4,)  (Devil's  Lake 

46891  reservation,)  shall  be  surveyed,  as  Government  lands  are  sur- 

46892  veyed,  for  the  purpose  of  enabling  the  Indians  entitled  to  acquire 

46893  permanent  rights  in  the  soil,  as  contemplated  by  article  five  (5) 

46894  of  said  treaty. 

46895  Fourth.  We  respectfully  request  that,  in  case  the  foregoing 

46896  propositions  are  favorably  entertained  by  the  United  States,  the 

46897  sale  of  spirituous  liquors  upon  the  territory    ceded  may  be 

46898  wholly  prohibited  by  the  United  States  Government. 

46899  Fifth.  The  provisions  of  article  (5)  of  the  treaty  of  Feb- 

46900  ruary  19, 1867,  to  be  modified  as  follows :  An  occupancy  and 

46901  cultivation  of  five  (5)  acres,  upon  any  particular  location,  for  a 

46902  term  of  five  (5)  consecutive  years,  shall  entitle  the  party  to  a 

46903  patent  for  forty  acres ;  a  like  occupancy  and  cultivation  of  ten 

46904  (10)  acres,  to  entitle  the  party  to  a  patent  to  eighty  acres ;  and 

46905  a  like  occupancy  and  cultivation  of  any  tract,  to  the  extent  of 
4G906  twenty  acres,  shall  entitle  the  party  so  occupying  and  cultivat- 
46607  ing  to  a  patent  for  160  acres  of  land.    Parties  who  have  already 

46908  selected  farms  and  cultivated  the  same  may  be  entitled  to  the 

46909  benefit  of  this  modification.    Patents  so  issued  (as  hereinbefore 

46910  set  forth)  shall  authorize  a  transfer  or  alienation  of  such  lands 

46911  situate  within  the  Sisseton  agency,  after  the  expiration  of  ten 
(10)  years  from  this  date,  and  within  the  Devil's  Lake  reserva- 

46913  tion  after  the  expiration  of  fifteen  (15)  years,  but  not  sooner. 

Sixth.  The  consideration  to  be  paid,  as  hereinbefore  pro- 

46915  posed,  is  in  addition  to  the  provisions  of  article  six  (6)  of  the 

916  treaty  of  February  19, 1867,  under  which  Congress  shall  appro - 

)17  priate,  from  time  to  time,  such  an  amount  as  may  be  required 

to  meet  the  necessities  of  said  Indians,  to  enable  them  to  become 

46819  civilized. 

Seventh,  Sections  sixteen  (16)  and  thirty-six  (36)  within  the 

(5921  reservations  shall  be  set  apart  for  educational  purposes,  and  all 


1053 

46922  children  of  a  suitable  age  within  either  reservation  shall  be  com  - 

46923  pelled  to  attend  school  at  the  discretion  of  the  agents. 

46924  Eighth.  At  the  expiration  of  ten  (10)  years  from  this  date 

46925  all  members  of  said  bands  under  the  age  of  twenty-one  years 

46926  shall  receive  40  acres  of  land  from  said  permanent  reservations 

46927  in  fee-simple. 

46928  Ninth.  At  the  expiration  of  ten  (10)  years  the  President  of 

46929  the  United  States  shall  sell  or  dispose  of  all  the  remaining  or 

46930  unoccupied  lands  in  the  Lake  Traverse  reservation,  (excepting 

46931  that  which  may  hereafter  be  set  apart  for  school  purposes ;)  the 

46932  proceeds  of  the  sale  of  such  lands  to  be  expended  for  the  benefit 

46933  of  the  members  of  said  bands  located  on  said  Lake  Traverse  res- 

46934  ervation  ;  and,  at  the  expiration  of  fifteen  (15)  years,  the  Presi- 

46935  dent  shall  sell  or  dispose  of  all  the  remaining  unoccupied  lands 

46936  (excepting  that  which  may  be  hereafter  set  apart  for  school  pur- 

46937  posevs)  in  the  Devil's  Lake  reservation  $  the  proceeds  of  the  sale 

46938  of  such  lands  shall  be  expended  for  the  benefit  of  all  members  of 

46939  said  bands  who  may  be  located  on  the  said  Devil's  Lake  res- 

46940  ervation. 

46941  Executed  at   Sisseton  agency,  Dakotah  Territory,   Lake 

46942  Traverse  reservation,  this  20th  day  of  September,  A.  D.  1872. 

46943  MOSES  N.  ADAMS, 

46944  WM.  H.  FOEBES, 

46945  JAMES  SMITH,  JR., 

46946  Commissioners. 


ICRRATA. 


Page  152,  line  6721,  for  «  1836,"  read  "1816." 

Page  396,  between  linos  17714  and  17715,  insert  the  words  "  Proclaimed  January  5, 
1819." 

Page  398,  line  17809,  for  "January  5,  1819,"  read  "  February  13,  1833." 

Page  436,  line  19495,  in  the  blank  after  the  word  "page,"  insert  "  375." 

Page  481,  line  21489,  for  "  1835,"  read  "  1833." 

Page  674,  between  lines  30140  and  30141,  insert  the  words  "  Treaty  made  September 
19,  1827." 

Page  922,  between  lines  41090  and  41091,  insert  the  words  "  Six  Nations ;  "  line  41130, 
for  "  proclaimed,"  read  "  concluded." 


INDEX 


TO 


COMPILATION    OF    TREATIES 

BETWEEN 

THE  UNITED  STATES  AND  THE  INDIAN  TRIBES. 


Allied  tribes  in  Washington  Territory. 

Treaty  proclaimed  April  11,  1859 373 

Ana-da-ca. 

Treaty  proclaimed  March  8,  1847 300 

Apaches. 

Treaty  proclaimed  February  12,  1854 309 

August  25,  1858 31-j 

May  26,186G ........II....       128 

Apalachicolas. 

Treaty  proclai  mod  February  13,  1833 3 

April  12,  1834 4 

Relinquishment  of  certain  lands  by 5 

Arrapahoos. 

Treaty  proclaimed  February  2,  1837 122 

May  26,  18(51) ." 128 

August  19,1868 129 

A  rrapahoes,  Northern. 

Treaty  proclaimed  August  25,  1868 130 

Ash-kum  Wee-saw,  chief  Pottawatomies. 

Treaty  proclaimed  February  18,  1837 715 

Aub-ba-naub-ba's  band,  Pottawatomies. 

Treaty  proclaimed  May  25,  1836 709 

13. 
Black  feet. 

Treaty  proclaimed  April  25,  1856 7 

March  17,  1866 11 

February  24,  1869 914 

Black  River  Baud  of  C  hippo  was. 

Treaty  proclaimed  May  23,  1856 227 

June  21,  1856 233 

July  9,  1860 228 

August  16,  1866 237 

Blauchard's  Creek,  Ottawas  of. 

Treaty  proclaimed  December  21 ,  1814 1032 

Blauchard's  Fork  of  the  Great  Auglaize,  Ottowas  residing  on. 

Treaty  proclaimed  April  6,  1832 590 

Blauchard's  Fork  and  Rocho  do  B(euf,  United  Bauds  of  Ottowas. 

Treaty  proclaimed  April  6,  1832 590 

J  n  1  y  28,  1862 599 

October  14,1868 839 

Bauuacks. 

Treaty  proclaimed  February  24,  1869 931 

Bclautse-etoa. 

Treaty  proclaimed  February  6,  1826 13 

Big  Spring,  Crawford  County,  Ohio,  Wyandots  of. 

Treaty  proclaimed  April  6,  1832 1030 

133  i  T 


1058 

Page. 

Treaty  proclaimed  April  25,  1S5G  .........................................  7 

Bois  Forte  band  of  Chippewas. 

Treaty  proclaimed  April  26,  18uG  .........................................       241 

ISroad  Leaf,  Sioux  of  the. 

Treaty  proclaimed  December  30,  1816  ...................................  .-•       o7U 

Untie"  band  of  Sioux. 

Treaty  proclaimed  February  24,  18G9  .....................................       914 

C. 

Cad.lo. 

Treaty  proclaimed  February  2,  1836  ......  .  ...............................         15 

March  8,  1347  .........................................................       306 

Cahokia. 

Treaty  proclaimed  January  5,  1819  ......  .  ................................       395 

February  13,  1833  .....................................................       396 

Callapooiaa. 

Treaty  proclaimed  April  10,  1855  ........  ........  *  ........................         18 

March  30,  1855  ......................  .  .................................       977 

Calapooia  band  of  Calapooias. 

Treaty  proclaimed  April  10,  1855  .........................................         18 

Canada,  Seven  Nations  of. 

Treaty  proclaimed  January  31,  1797  ......................................       852 

Cam-o-za,  chief  Pottawatomies. 

Treaty  proclaimed  March  16,  1835  ........................................       705 

Capote  tribe  of  Utes. 

Treaty  proclaimed  November  6,  1868  .....................................       981 

Cay  n  gas. 

Treaty  concluded  October  22,  1784  ........................................       922 

June  9,  1789  _____  ......................................................      -923 

Treaty  proclaimed  Jan  nary  21,  1795  ..........  ,  ...........................       925 

April  4,  1840  ..........................................................       553 

Cay  uses. 

Treaty  proclaimed  April  11,  1859  .........................................       987 

Chafau  band  of  Calapooias. 

Treaty  proclaimed  April  10,  1855  .  .  .  .......................................         18 

C  hast  as. 

Treaty  proclaimed  April  10,  1855  .........................................         23 

Clackamas  tribe  of  Calapooias. 

Treaty  proclaimed  April  10,  1855  ...........   .............................         18 

Certain  chiefs  and  braves,  Sioux. 

Treaty  proclaimed  June  15,  1838  ...................  878 

Che-cose's  only  son,  Wau-we-ka,  chief  Pottawatomies. 

Treaty  proclaimed  June  4,  1836  ............  .........  708 

Chee-chaw-kose,  chief  Pottawatomies. 

Treaty  proclaimed  February  18,  1837  ..............  715 

Che-luk-i-ma-uke  band  of  Calapooias. 

Treaty  proclaimed  April  10,  1855  ...............  18 

Che-lam-e-la  band  of  Calapooias. 

Treaty  proclaimed  April  10,  1855  ____  13 

Chem-a-kum  tribe  of  S'Klallams. 

Treaty  proclaimed  April  29,  1859.  800 

Chem-a-pho  band  of  Calapooias. 

Treaty  proclaimed  April  10,  1855  10 

Chep-en-a-pho  band  of  Calapooias. 

Treaty  proclaimed  April  10,  1855  ia 

Che-qnaw-ka-ko,  chief  Pottawatomies. 

Treaty  proclaimed  February  18,  1837  711 

Cherokees.  ........................       '  L  L 

Treaty  concluded  November  22,  1785  o~ 

treaty  proclaimed  February  7  179->  os 

January  21,  1795  ........  .  ..................  .........         *" 

Treaty  concluded  October  2  1798  "  "  ..........................         '>  } 

" 


1  reaty  proclaimed  May  17,  1804 
April  24,  1806  ' 

June  10,  1806. 


.... 

t|y,  elucidation  of,  pr^aim'cd  Aprii  S 
aty  proclaimed  May  23,  1807  ____  .  ____ 


1059 

Cberokees— Continued.  ra«e- 
Treaty  ratified  April  8,  1816... 

Aprils,  1816 .'..'.".'.'. 

Treaty  proclaimed  December  30,  181G 

December  26,  1817 

March  10,  1819 

May  28,  1828 *J 

April  12,  1834 

May  10,  1836 1.™.™.""  303 

May  23, 1836 *£ 

May  23,  1836 ""  „ 

August  17,  1846 7(, 

July  10,  1866 or 

April  27,  1868 ...""."..".'."  97* 

C  hey  en  lies. 

Treaty  proclaimed  February  2,  1867 190 

May  26,  1866 

August  19,  1868 -V  "."".".".".".""  129 

Cheyennes,  Northern. 

Treaty  proclaimed  August  25,  1868 I$Q 

Creeks. 

Treaty  proclaimed  August  13,  1790  100 

January  11,  1H03 "_'  100 

January  24,  1806 KH 

April  4, 1832 ".  101 

April  12,  1834 102 

March  2,  1839 "  104 

August  28, 1856 .'..'.'.'.'.'.'.'.'.  104 

August  11, 1866 114 

August  19, 1868 '.'.'.'.'.'.'.'.  129 

Chippewas. 

Treaty  proclaimed  December  2,  1795 1^4 

April  24,  1806 190 

January  27,  1808 192 

March  3,  1809 194 

Treaty  ratified  December  26,  1815 196 

Treaty  proclaimed  December  30, 1816 150 

January  4, 1819 , 197 

January  4, 1819 1033 

March  25,  1820 141 

March  2,  1821 143 

March  8.  1821 605 

February  6,  1826 155 

February  27,  1827 144 

June  15,  1828 149 

January  7,  1829 160 

February  23,  1829 209 

January  2,  1830 161 

March  25,  1832 152 

February  21,  1835 164 

February  21 , 1835,  (supplementary) 176 

May  27,  1836 606 

July  2,  1838 244 

March  2,  1839,  (supplementary) 249 

March  3,  1838 250 

March  2,  1838 251 

March  28,  1843 217 

July  22,  1846 181 

April  7,  1848 212 

April  7,  1848 '^1 

January  29,  1855 222 

April  7,  1855 2£3 

April  24, 1856 ^>-{ 

May  23,  1856 *& 

June  21,  1856 - 

September  10,  1856 

July  9,  1860 a** 

March  19,  1863 JW 

May  5,  1864 *>4 


1060 

Page. 


March  20,  1865 _" 237 

Aii'Mist  16, 1866 241 

April  26, 1866 "         271 

April  18,1867 

Christian  Indians.  621 

Treat  v  procln  i  med  May  1  / ,  lc«8 55-j 

'     April  4,  1840 228 

July  9,  1860 

Cow  creek  baud  of  Umpquas.  (J74 

Treaty  proclaimed  February  5,  18o5 

Cow-nan-ti-co  band  of  Scotons  23 

Treaty  proclaimed  April  10,  leoo =  - 

Cho-bah-ah-bish.  3-^ 

Treat  v  proclaimed  April  11,  looJ 

Ch°&  proclaimed  May  19,  1836 -       '03 

Choctaws  and  Chickasaws. 

Treaty  proclaimed  March  24, 18->/ A^»« 

March  4, 1856 **J 

July  10,  1866 

Clow-we-wal-la  band  of  Calapooias. 

Treaty  proclaimed  April  10,  1855 

Treaty  proclaimed  February  6,  1826 325 

August  12,  1868 

Comanches.  ~n~ 

Treaty  proclaimed  May  19,  1836 JJJ* 

March  8, 1847 ^ 

February  12,  1854 


May  26,  1866 

August  25,  1868 J18 

CuthcadH  band  of  Sioux. 

Treaty  proclaimed  February  24,  1869 J14 

Confederated  Teorias. 

Treaty  proclaimed  October  14,  1863 o«Jy 

D. 
Dacotahs. 

Treaty  proclaimed  February  24,  1853 879 

February  24,  1853 882 

February  26,  1859 855 

March  31,  1859 885 

March  31,  1859 903 

March  17,  1866 862 

March  17,  1866 K90 

March  17,  1866 892 

March  17,  1866 895 

March  17,1866 897 

March  17,  1866 899 

March  17,  1866 901 

May  2,  1867 .                     909 

May  2,  1868 864 

Dwamish. 

Treaty  proclaimed  April  11,  1859 378 

Delawares. 

Treaty  concluded  September  17,  1778 333 

Treaty  proclaimed  December  2,  1795 184 

December  26,  1803 !570 

February  14, 1805 335 

April  24,  1806 '.',  190 

April  24,  1806 371 

January  16,1810 373 

December  21, 1814 '.'.',',  1032 

Treaty  ratified  December  26,  1815. ..."." " ." ......                                          ...... .  196 

Treaty  proclaimed  January  4, 1819  .  197 

January  4,1819 1033 


1061 

Pago. 
Dela  wares— Continued. 

Treaty  proclaimed  January  15, 1819 337 

January  2, 1820 369 

March  24,  1831  (supplementary) 338 

February  12,  1833 ". 370 

July  17,1854 340 

October  47  1801 • 350 

August  4,  18GG 302 

May  2, 18G7 •   1)09 

August  27, 1870 345 

Different  bands  of  Sioux. 

Treaty  proclaimed  February  24,  1869 911 

E. 
Eel  River. 

Treaty  proclaimed  December  2, 1795 184 

December  23,  1803 383 

December  26, 1803 370 

April  24,1800 371 

January  16, 181 0 373 

January  16, 1810 370 

December  21, 1814 , 1032 

May  7, 1828 520 

Elh-wa. 

Treaty  proclaimed  April  29, 1859 800 

F. 
Flatheads. 

Treaty  proclaimed  April  25,  1856. 

April  18, 18f,9 383 

Fond  du  Lac  band  of  Chippewas. 

Treaty  proclaimed  January  29,  1855 '~24 

Fort  Laramie. 

Treaty  of  (not  ratified.) 04< 

Floridas. 

Treaty  proclaimed  January  2, 1824. . 
Foxes. 

Treaty  ratified  December  26,  1815 M* 

Treaty  proclaimed  February  21,  1805 * •" 

February  12,  1823 ™0 

January  18, 1825 

February  26,  1820 

February  24, 1831 JjJ 

February  13,  1 833 JJJ 

February  25, 1837 JjJ 

February  27,  1837 J«J 

December  13,1837 - 1™ 

February  21,  1838 •»• 

F e b  r  u  a r y  2 1 , 1 838 H ' ? 

March  23,  1843 i?J 

July  17,  1854 ™° 

July  9,  1860 J5; 

March  26,  1863 Jil 

October  14,  1868 

G. 

Grand  Pawnees.  f44 

Treaty  proclaimed  January  7,  1819 

April  12,  1834 

January  8, 1849 

May  26,  1858 

Grand  Portage  band  of  Chippewas.  00, 

Treaty  proclaimed  January  29,  18oo 

G  rand  River  band  of  Utes.  081 

Treaty  proclaimed  November  G,  It 
Grave  Creek  band  of  Umpquas.  0.? 

Treaty  proclaimed  April  10,  1855 

Gros  Ventures. 

Treaty  proclaimed  April  25,  Iboo 


1062 

H. 


Page. 


Huiinints.  800 

Treaty  proclaimed  April  29,  1859. 
Hankpapa  Sioux.  §73 

Treaty  proclaimed  February  6,  1826 

I. 

11111  Tmtty  proclaimed  December  23,  1803.  - '.  423 

January  5,  181  J - '^Qfj 

February  13, 1833 

Illinois  River,  Pottawatomies  residing  on. 

Treaty  proclaimed  December  20,  181o - -.- OJ' 

Indian  reserves  on  the  Miami  of  Lake  Erie,  Ottawas  residing  on. 

Treaty  proclaimed  March  22,  1833 

Indiana  State,  Pottawatomiea  of. 

Treaty  proclaimed  January  21,  183,5 

""•Treaty  proclaimed  March  8,1847 30(5 

"  Treaty  ratified  December  20, 1815 

Treaty  proclaimed  January  18, 1825 - •><>•> 

February  G,  1820 f ^ 

February  24, 1831 J°i 

February  15,1837 

February  21, 1838 • - f 

March  2,  1839 *01 

July  17,1854 4(U 

March  20,  1803 ''" 


K. 
Klamaths. 

Treaty  proclaimed  February  17, 1870 , 432 

Kah-milt-pah  band  of  Yakamas. 

Treaty  proclaimed  April  18, 1859 1040 

Kaukakeo  and  Prairie  Pottawatoniies. 

Treaty  proclaimed  January  21, 1833 697 

Kansas. 

Treaty  ratilied  December  20, 1818 410 

Treaty  proclaimed  December  30, 1825 410 

May  3,  1820 414 

April  15, 1840 415 

November  17,  1800 4 17 

February  6, 1803 422 

Kaskaskias. 

Treaty  proclaimed  December  2,  1795  184 

December  23, 1803 383 

December  23, 1803 423 

December  20, 1803 ,. .- 370 

January  5, 1819 395 

February  13, 1833 ?9B 

August  10, 1854 426 

October  14,1808 839 

Katakas. 

Treaty  proclaimed  February  21,  1838 456 

Kah-tai. 

Treaty  proclaimed  April  29, 1859 - 800 

Klat-la-wash. 

Treaty  proclaimed  April  29,1859 800 

Keeohy. 

Treaty  proclaimed  March  8,  1847 30(5 

Kee-waw-my,  chief  Pottawatomies. 

Treaty  proclai med  May  25,  1830 709 

Klikatat  baud  of  Yakamas. 

Treaty  proclaimed  April  18, 1859 1040 

BjckapooB. 

Treaty  proclaimed  December  2,  1795  184 

1  fecembei  20, 1803 379 

December  23,  1803 ..Ill"  383 


1063 

Kiekapoos— Continued.  1>a«°- 

Treaty  proclaimed  March  3,  1810 

December  21, 1814 

Treaty  ratified  December  '2(5, lslf>  .'."."'.'.'. 
Treaty  proclaimed  December  30,  Irtio"" 

May  10,  1820 

January  8, 1821 

January  13, 1821 ." 

January  13, 1821 

February  13,  1833  . . 

July  17, 1854 :::.;:::;;  js 

May  28, 1863  ..  *\1 

Kik-i-illlus.  

Treaty  proclaimed  April  11, 1859  . .  o~a 

Klinquit,  band  of  Yakamas. 

Treaty  proclaimed  April  18, 1859 i nin 

Kiowas. 

Treaty  proclaimed  February  21, 1838 4r)(J 

February  12, 1854 g0g 

August  25, 1858... 

May  26,  18(56 '.".'.'.'.'.". '.'.'.'.'."'.'.'.".  ".'.'.'.'."]  ;'<14 

August  25,  1868 ^ 

Kootenays. 

Treaty  proclaimed  April  25, 1856 

April  18, 1859 .- ."." !  I.I ."  1 1 ! !       38.J 

Kow-was-say-ee  baud  of  Yakamas. 

Treaty  proclaimed  April  18, 1859 1040 

L. 

Lakes,  Sioux  of  the. 

Treaty  proclaimed  December  26, 1815 8(59 

Lake  Superior,  Cbippewas  of  the. 

Treaty  proclaimed  March  23, 1843 217 

April  7, 1848 221 

January  29, 1855 222 

Lake  Winnebagoshish  band  of  Chippewas. 

Treaty  proclaimed  April  7, 1855 263 

March  19, 1863 213 

March  20, 1865 259 

L'Anse  band  of  Chippewas. 

Treaty  proclaimed  January  29,  1855 222 

La  Pointe  band  of  Chippewas 

Treaty  proclaimed  January  29,  1855 222 

Leaf,  Sioux  of  the. 

Treaty  proclaimed  December  30, 1816 870 

Lepnns. 

Treaty  proclaimed  March  8, 1847 300 

Li-ay-was  band  of  Yakamas. 

Treaty  proclaimed  April  18, 1859 

Long  Tom  band  of  Calapooias. 

Treaty  proclaimed  April  10, 1855 1^ 

Long-wha. 

Treaty  proclaimed  March  8, 1847 306 

Louison,  chief  Pottawatonries. 

Treaty  proclaimed  February  18, 1837 '  1^> 

Loups,  Pawnee. 

Treaty  proclaimed  April  12, 183 1 

January  8, 1849 

May  26, 1858 cr>° 

Lower  Brule  band  Sioux. 

Treaty  proclaimed  March  17, 1866 

Lower  de  Chutes  band  of  Walla- Wallas. 

Treaty  proclaimed  April  18, 1859 

M. 

Mac-kah-tah-mo-ah,  chief  Pottawatomies. 

Treaty  proclaimed  February  18,  1837 ' '  - 


1064 

Page. 

Mn<l<ly  baud  of  Calapooias. 

Treaty  proclaimed  April  10,  looo 

Treaty  ratified  December  26,  1815 458 

Treaty  proclaimed  February  6,  1826 

Makahs.  Ari 

Treaty  proclaimed  April  18,1859 

Mandaus.  Ari 

Treaty  proclaimed  February  6,  1826 

Marliar,  Pawnees. 

Treaty  proclaimed  January  5,  18 12 

Marysville  band  of  Calapooias. 

Treaty  proclaimed  April  10, 1855 

Mat-cbis-faw,  cliicf  Pottawatomies. 

Treaty  proclaimed  May  25,  1836 -  -  709 

Medawah-Kantons. 

Treaty  proclaimed  February  24,  1831 '81 

February  24,  1853 8^ 

March  31, 1859 e85 

Me-mat-way,  chief  Pottawatomies. 

Treaty  proclaimed  February  18,  1837 711 

Ifenomonees. 

Treaty  proclaimed  December  26,  1817 467 

'February  6,  1826 155 

February  23,  1829 209 

July  9,  1832 468 

March  13, 1833 475 

February  15,  1837 481 

Januarys:*,  1849 485 

August  2, 1854 487 

April  24,  1856 489 

Mes-<|uaw-buck,  chief  Pottawatomies. 

Treaty  proclaimed  June  4,  1836 707 

Mee-see-qua-quilch. 

Treaty  proclaimed  April  11,  1859 378 

Miamis. 

Treaty  proclaimed  1  )ecembcr  2,  1795 184 

December  26, 1803 370 

April  24, 1806 37 1 

-January  16,  1^10 373 

January  16, 1810 375 

December  21,  1814 '..'.'.'.'.'.'.'.'. ... '.                           !"!"..... 1 0:52 

Treaty  ratified  December  26,  1815 196 

Treaty  proclaimed  January  15,  1819         .                                         491 

J  anuary  24,  1827 1 495 

May  7, 1828., .  520 

December  22,  1837 498 

February  8,  1839 "                                                                          502 

June  7, 1841 508 

August  4, 1854 511 

October  14,  1868 ."..'.".".'.".                                          ."""""....  839 

Mimieconjon  band,  Sioux. 

Treaty  proclaimed  March  17,  1866  890 

February  24,  1869 914 

Minnetsaree. 

Treaty  proclai  in ed  Febru  a ry  26,  1826 . .  13 
Michigan  Territory,  Pottawatomies  of. 

Treaty  proclaimed  January  21,  1833  701 
Mitchigamia. 

Treaty  proclaimed  January  5,  1819..  395 

February  13, 1833 yj(] 

Mississippi.  Chipoewaa  of  the. 

Treaty  proclaimed  March  28, 1843  217 

April  7,  1848 , 221 

January  29,  1855  ......  222 

April?.  1855  ..  9K-i 

March  19,  1863  "  mo 

March  20,  1865  . .  259 

April  18, 1867 '.'_"  271 


1065 

Missourias.  Page< 

Treaty  proclaimed  February  6,  1826..  r/tt) 

February  15,  1827 034 

February  24,  1831 781 

April  12,  1834 63:i 

June  21,  1854 g-w- 

April  19, 1855 640 

Missouri,  Foxes  of. 

Treaty  proclaimed  February  21,  1838  ..  775 

March  26,  1863 777 

Missouri  River,  Sacs  residing  on. 

Treaty  proclaimed  December  26,  1815 734 

Missouri,  Sacs  of. 

Treaty  proclaimed  February  21,  1838  . .  775 

March  26,  1863 777 

Missouri,  Sacs  and  Foxes  of. 

Treaty  proclaimed  February  15,  1837 407 

February  21, 1838 775 

March  26,  1863 777 

Missouri,  Shawnees  residing  in. 

Treaty  proclaimed  December  30,  1825 786 

November  2, 1854 792 

Mixed  Senecas. 

Treaty  proclaimed  October  14,  1868 839 

Moadocs. 

Treaty  proclaimed  February  17,  1870 432 

Mohawks. 

Treaty  concluded  October  22,  1784 922 

June  9, 1789 923 

January  21, 1795 925 

Mohawks  residing  in  Upper  Canada. 

Treaty  proclaimed  April  27,  1798 521 

Mohawk  baud  of  Calapooias. 

Treaty  proclaimed  April  10,  1855 18 

Molallas,  (Molels.; 

Treaty  proclaimed  April  10,  1855 18 

April  27,  1859 522 

Mo-sack,  chief  Pottawatomies. 

Treaty  proclaimed  February  16,  1837 714 

Mota,  chief  Pottawatomies. 

Treaty  proclaimed  March  16,  1835 706 

Muache  band  of  Utes. 

Treaty  proclaimed  November  6, 1868 , 984 

Muck-kose,  chief  Pottawatomies. 

Treaty  proclaimed  February  18,  1837 715 

Muck-rose,  chief  Pottawatomies. 

Treaty  proclaimed  March  16, 1835 706 

Muusees. 

Treaty  proclaimed  April  24,  1806 19° 

May  16,  1840 

Septembers,  1856 

July  9,  1860 228 

Muscogees. 

Treaty  proclaimed  May  19,  1836 303 

N. 
Na-al-ye  baud  of  Scotons. 

Treaty  proclaimed  April  10,  1855 «• 

Na-hel-ta  baud  of  Chastas. 

Treaty  proclaimed  April  10,  1855 *6 

Nas-waw-kee,  chief  Pottawatomies. 

Treaty  proclaimed  May  25, 1836 '1() 

Navajoes.  ro_ 

Treaty  proclaimed  August  12,  1868 »27 

September  24, 1850..... ^ 

Nes-boash,  chief  Pottawatomies.  ^no 

Treaty  proclaimed  May  25, 1836 

New  Yorks. 


Treaty  proclaimed  April  4, 1840 
134  IT 


548 


1066 

Page. 


Treaty  proclaimed  April  25,  185G 
April29,1859 

April  24,  1807 
February  24,  1869 


proclaimed  March  3,  1855  .........................................  560 

Noisy  Pawnees.  645 

Treaty  proclaimed  January  /  ,  1819  ............................... 

Nook-wa-cha-mish.  Q^u 

Treaty  proclaimed  April  11,  1859  ..........................................  ^<° 

No-taw-kah,  chief  Pottawatomies. 

Treaty  proclaimed  February  18,  1837  ......................................  **•* 

Nov-wlni-ha".  .,  Q 

Treaty  proclaimed  April  11,1859  .........................................  *™ 

N'Quentl-ma-mish. 

Treaty  proclaimed  April  11,  1859  ..........................................  «» 

0. 

Oche-chotcs  band  of  Yakamas. 

Treaty  proclaimed  April  18,  1859  ......................................... 

O'Gallala  "band  of  Sioux. 

Treaty  proclaimed  February  6,  1826  .......................................  "71 

March  17,  1866  ....................................    ...................  901 

February  24,  1869  .................  '.  ....................................  914 

Ohio,  Wyandota  in. 

Treaty  proclaimed  April  6,  1832  ..........................................  1030 

May  16,  1836  .....  .  ....................................................  1029 

0-ka-mause,  chief  Pottawatomies, 

Treaty  proclaimed  May  25,  1836  ..........................................  709 

Oniahas. 

Treaty  proclaimed  February  15,  1827  ......................  ................  634 

February  24,  1831  ..........................................  .  ...........  781 

June  21,'  1854  ..........................................................  564 

February  15,  1866...  ...................................................  569 

Oukpabpah  band  of  Sioux. 

Treaty  proclaimed  March  17,  1866  ........................................  899 

Onoxa,  chief,  Pottawatomies  who  adhered  to. 

Treaty  proclaimed  December  21,  1814  .....................................  1032 

Orchard  Party. 

Treaty  proclaimed  May  17,  1828  ..........................................  621 

April  4,  1840  ..........................................................  553 

Osages. 

Treaty  ratified  April  28,  1810  .............................................  571 

December  26,  1815  .............................................  ,  .......  575 

Treaty  proclaimed  January  7,  1819  .......................................  575 

February  19,  1823  ......................................................  576 

December  30,  1825  ............                                                                       ____  577 

May  3,  1826  ...................  581 

May  19,1836  ..........  303 

March2,1839  .....................                                                            ......  583 

January  21,  1867  .......  584 

Ottawas. 

Treaty  proclaimed  December  2,  1795  .  .  184 

April  24,  1806  ...............  190 

January  27,  1808  ..........  192 

March  3,  1809  ...................  194 

December  21,  1814  ...........  .......                                                           ....  1032 

Treaty  ratified  December  26,  1815  .....  "  ...".".".".".  "I".".  1".  "."."".  ".".  ".".".".  .  ".".".".  "  .....  196 

Treaty  proclaimed  December  30,  1816  150 

January  4,  1819  .............  197 

January  4,  1819  ............  1033 

March  8,  1821  ............  (505 

February  6,  1826  .......  "  155 

January  7,  1829  ........  1^0 

January  2,  1830  .........     ."  jGl 

Treaty  proclaimed  March  25^  1832  .  '."  152 

February  21,  1835  .......  164 


1067 

Ottawas—  Continued. 

February  21,  1835,  (supplementary)  .........................  176 

April  6,  1832  .......................           .  r«n 

March  22,  1833  ....................... 

May  27,1836  .................. 

July  22,1846  ......................................  ".  181 

September  10,  1856  ...................  613 

July  28,  1862  ................................  599 

October  14,  1868  .............................................  ^39 

Oke-Nos. 

Treaty  proclaimed  April  29,  1859  .........................................  gOO 

Oneidas. 

Treaty  concluded  October  22,  1784  ........................................  922 

June  9,  1789  ...........................................................  923 

Treaty  proclaimed  January  21,  1795  ....................................  925 

Treaty  proclaimed  January  21  ,  1795  .....................................  620 

Treaty  proclaimed  May  17,  1828  ........................................  621 

Treaty  proclaimed  April  4,  1840  .........................................  553 

Oregon,  Middle,  tribes  and  bands  of. 

Treaty  proclaimed  April  18,  1859  .......................................  622 

March  29,  1867  ........................  .................................  628 

Ohio,  Shawnees  residing  in. 

Treaty  proclaimed  April  6,1832  ..........................................  788 

Onondagas. 

Treaty  concluded  October  22,  1784  ........................................  922 

June  9,  1789  ...........................................................  923 

Treaty  proclaimed  January  21,  1795  ......................................  925 

April  4,  1840  ...........................................................  553 

Outouagou  baud  of  Chippewas. 

Treaty  proclaimed  January  29,  1855  .......................................  224 

Ottoes. 

Treaty  proclaimed  December  26,  1817  .....................................  630 

February  6,  1826  .......................................................  630 

February  15,  1827  ......................................................  634 

February  24,  1831  ......................................................  781 

April  12,  1834  ..........................................................  633 

June  21,1854  ...................  .  ......................................  637 

April  19,  1855  ..........................................................  640 

P. 

Prairie  and  Kankakee,  Pottawatomies  of  the. 

Treaty  proclaimed  January  21,  1833  .......................................  697 

Pau-koo-shuck,  chief  Pottawatomies. 

Treaty  proclaimed  May  25,1836...  .......................................  709 

Pawnees. 

Treaty  proclaimed  January  5,  1812  .......................................  644 

January  7,  1819  ........................................................  644 

January  7,  1819  ........................................................  645 

January  17,  1819  .......................................................  646 

February  6,  1826  .......................................................  «42 

April  12,  1834  ..........................................................  ^48 

January  8.  1849  .........................................  ...............  M7 

May  26,  1858  ...........................................................  650 

Pelouse  band  of  Yakauias. 

Treaty  proclaimed  April  18,  1859  .........................................  1040 

Pembiua  band  of  Chippewas. 

Treaty  proclaimed  April  25,  1864  .........................................  2o7 

May  5,1864  ...........................................................  254 


Treaty  proclaimed  January  5,  1819  ----  .................................... 

Feb'r  u  ary  1  3,  1833  .......................................................  m 

August  10,  1854  ........................................................  V* 

October  14,1868  ....................  -  ..................................  839 

Pe-pin-a-waw,  and  other  chiefs  Pottawatomies. 

Treaty  proclaimed  February  18,  1837  ......................................  *M 

Piankeshaws. 

Treaty  proclaimed  December  2,  179o  ...................................... 

December  23,1803  .....................................................  JW 


1068 

Page 


Piankeshaws—  Continued. 

Treaty  proclaimed  December  26,  1803 

February  6,  1805 


657 


Treaty  proclaimed  February  23, 

August  10,  1854 

October  14,  18G8 
Pillager  band  of  Chippewas. 

Treaty  proclaimed  April  /  ,  1858 

April  7,  1855 

March  19,  1863 

March  20,  1865 


" 


Treaty  proclaimed  April  25,  1856 


7 


Pine  Tops,  Sioux  who  shoot  in  the. 

Treaty  proclaimed  December  30,  1816  .......   ............................  o7U 

18  Treaty  proclaimed  April  29,  1859  ...........                                                   -  -  -  800 

Pisquouse  band  of  Yakamas. 

Treaty  proclaimed  April  18,  1859  ......................................... 

Pitavirate  Pawnees. 

Treaty  proclaimed  January  7,  1819  ....................................... 

Treaty  proclaimed  February  6,  1826  ......................................  666 

Treaty  proclaimed  December  26,  1817  ....................................  668 

Treaty  proclaimed  April  11,  1859  .........................................  659 

March  28,  1867  ........................................................  664 

Pottawatomies. 

Treaty  proclaimed  December  2,  1795  ......................................  184 

December  26,  1803  .....................................................  370 

April  24,  1806  .........................................................  371 

April  24,  1806  .........................................................  190 

January  27,  1803  ......................................................  192 

March  3,  1809  ..........................................  ~-  .............  194 

January  16,  1810  ......................................................  373 

December  21,1814  ....................................................  1032 

Treaty  ratified  December  26,  1815  ........................................  697 

December  26,  1815  .....................................................  196 

Treaty  proclaimed  December  30,  1816  .....................................  150 

January  4,  1819  .......................................................  197 

January  4,  1819  .......................................................  1033 

January  15,  1819  ......................................................  669 

February  6,  1826  ......................................................  155 

February  7,  1827  ......................................................  670 

January  7,  1829  .......................................................  160 

January  27,  1829  ...................  .  ..................................  676 

February  23,  1829  .....................................................  674 

January  2,  1830  .......................................................  161 

March  25,  1832  ........................................................  152 

January  21,  1833  ......................................................  697 

January  21,  1833  ......................................................  701 

January  21,  1833  ......................................................  680 

February  21,  1835  .....................................................  164 

February  21,  1835,  (supplementary)  .....................................  176 

March  16,  1835  .......  .  .........  .  683 

March  16,  1835  ....................                                                                   .  705 

March  16,  1835  ...........  706 

March  16,  1835  ............  706 

June  4,  1836  ____  707 

June  4,1836  ..................  708 

May  25,  1836  ............  709 

May  25,  1836  ........  709 

May  25,  1836  ................  "  710 

February  18,  1837  ........  711 

February  18,  1837  ........  712 

February  18,  1837  ........  713 

February  16,  1837  ......  714 


1069 

Pottawatomics — Continued.  Page. 

Treaty  proclaimed  February  18,  18.37 

July  22, 1846 715 

April  19,  1862 ".".".".""" 

Treaty  supplementary,  ratified  April"  26."  1866  .V 

Treaty  proclaimed  August  7,  1868 

Puget's  Sound,  tribes  and  bands  occupying  laud  around  head  of!" 

Treaty  proclaimed  March  3,  1855 . . ,  r rn 

Puyallups. 

Treaty  proclaimed  March  3, 1855 560 

Quapaws. 

Treaty  proclaimed  July  5,  1818 ...  „.  c 

February  18,  1825 

April  12,  1834 JJ° 

May  19,  1836 | 

October  14,1868 

Quash-quaw,  chief  Pottawatomies. 

Treaty  proclaimed  May  25, 1836 ~,  n 

Quil-Jeh-utes. 

Treaty  proclaimed  April  1 1 ,  1859 ~9o 

Quil-si-etou  band  of  Cbastas. 

Treaty  proclaimed  April  10, 1855 no 

Qui-nai-elts. 

Treaty  proclaimed  April  11,  1859 72-j 

Qui-qui-to,  cbief  Pottawatomies. 

Treaty  proclaimed  February  18,  1837 715 

R. 
Red  Lake  Baud  of  Chippewas. 

Treaty  proclaimed  April  25, 1804 057 

May  5, 1864 gj 

Republic  Pawnees. 

Treaty  proclaimed  January  17, 1819 646 

January  8, 1 849 

Aprill2,1834 648 

May  26, 1858 "111111.""       650 

Ricaras. 

Treaty  proclaimed  February  26, 1825 737 

Roche  de  Bceuf,  on  Miami  River  of  Lake  Erie,  Ottawas  residing  at. 

Treaty  proclaimed  April  6, 1832 590 

Roche  de  Bceuf,  Ottawas  of. 

Treaty  proclaimed  October  14, 1868 839 

Rock  River,  Sacs  of. 

Treaty  proclaimed  December  30, 1816 735 

Kogue  River. 

Treaty  proclaimed  April  12, 1854 729 

April  7, 1855 732 

S. 
Sacs. 

Treaty  proclaimed  December  26, 1815 734 

December  30, 1816 735 

February  21, 1805 737 

February  12,1823 740 

January  18,1825.... 741 

February  24, 1831 781 

February  13, 1833 743 

February  25, 1837 - 746 

February  27, 1837 747 

December  13,1837 749 

February  21, 1838 

February  21, 1838 775 

March  23, 1843 

July  17,1854 

July  9, 1860 76'^ 

March  26, 1863 

October  14, 1868 767 


1070 

Page. 

,1886  ........................  -  .............  156 

February  15,  1837  ......................................................  40? 

Sa-cher-i-ton  band  of  Sootons. 

Treaty  proclaimed  April  10,  leoo  ....................... 

Saginaw/Chippewas  of. 

Treaty  proclaimed  July  2,  1638  ...........................................  244 

March  '2,  1839,  (supplementary)  ........................................  249 

March  2,  1839,  (supplementary)  ......................  ..........  »,  ........  249 

July  3,  1838  ...........................................................  250 

July  2,  1838  ...........................................................  251 

June  21,  1856  ..........................................................  233 

August  16,  1866  ....................  -  ..................................  237 

Sah-ku-me'hu. 

Treaty  proclaimed  April  11,1859  .........................................  .378 

Sa-beh-wauiish. 

Treaty  proclaimed  March  3,  1855  .........................................  560 

Sam-ahmish. 

Treaty  proclaimed  April  11,  1859  .........................................  378 

Saudusky  River,  Delawares  on. 

Treaty  proclaimed  January  2,  1820  .......................................  369 

Sandusky  River,  Senecas  residing  ou. 

Treaty  proclaimed  March  24,  1831  ........................................  833 

Santee  band  of  Sioux. 

Treaty  proclaimed  February  15,  1827  .....................................  634 

February  24,  1831  ......................................................  781 

February  24,  1869  ......................................................  914 

Santiam  bands  of  Calapooias. 

Treaty  proclaimed  April  10,1855  ..........  ,  .............................  18 

Sans  Arc  baud  of  Sioux. 

Treaty  proclaimed  March  17,1866  ........................................  897 

February  24,  1869  .....................................................  914 

Shawuees. 

Treaty  proclaimed  January  31,  1786  ......................................  784 

December  2,  1795  ......................................................  184 

December  26,  1803  .....................................................  370 

April  24,  1806  .............................  ..............................  190 

March  3,  1809  .........................................................  194 

December  21  ,  1814  .....................................................  1032 

Treaty  ratified  December  26,  1815  ...........  .............................  196 

Treaty  proclaimed  January  4,  1819  .......................................  197 

January  4,  1819  ......................  .  .................................  1033 

December  30,  1825  .............................  786 

April  6,  1832  ....................................  788 

April  6,  1832  ..................................  1035 

February  12,  1833  ...........  376 

March  22,  1833  .........................  "III!III"IIJJ"II!!I!II™"  837 

November  2,  1854  ..............  793 

October  14,  1868  ........  839 

Skrigits. 

Treaty  proclaimed  April  11,  1859  ................  378 

Skai-wha-mish. 

Treaty  proclaimed  April  1  1  ,  1859  .  .  378 
S'Klallams. 

Treaty  proclaimed  April  29,  1859  .  .  800 
Sk-trih-le-jun. 

Treaty  proclaimed  April  11,  1859  .  .  378 
Sko-ko-mish. 

Treaty  proclaimed  April  29,  1859  .  .  800 
Sk-tahl-inish. 

Treaty  proclaimed  April  11,  1859  .  .  378 
Smah-kahmish. 


proclaimed  April  11,  1859  .........................................  373 

proclaimed  July  10,  1866  .  .  «04 

ary  17,lb70..:....V.  ......  ....................  ^ 

.  ...................... 

Treaty  proclaimed  March  3,  1855  ....  560 


Treaty  proclaimed  July  10,  1866 

February  17,lb70..:....V. 
Squawskms. 


1071 

St-kah-misb. 

Treaty  proclaimed  April  11, 1859 379 

Sault  Ste.  Marie,  Chippewas  of. 

Treaty  proclaimed  April  24, 1856 253 

Swan  Creek  band  of  Chippewas. 

Treaty  proclaimed  May  23, 1856 227 

June  21, 1856 033 

July  9, 1860  , II.IICII;"  2->3 

August  16,1866 237 

So-ap-cat  band  of  Yakamas. 

Treaty  proclaimed  April  18, 1859 1040 

See-Seeton  Sioux. 

Treaty  proclaimed  February  26, 1853 879 

Semiuoles. 

Treaty  proclaimed  April  12, 1834 807 

April  12, 1834 809 

August  16, 1866 810 

Senecas. 

Treaty  concluded  October  22, 1784 , 922 

June  9, 1789 923 

Treaty  proclaimed  January  21, 1795 925 

September  15, 1797 818 

January  12, 1803 821 

February  7, 1803 823 

December  21, 1814 1032 

Treaty  ratified  December  26, 1815 196 

Treaty  proclaimed  January  4, 1819 197 

January  4, 1819 1033 

March  24, 1831 833 

April  6, 1832 1035 

March  22, 1833 837 

May  19,1836 303 

April  4, 1840 552 

August  26, 1842 824 

March  31, 1859 829 

March  31, 1859,  (supplementary) 833 

October  14, 1868 839 

Seven  Nations  of  Canada. 

Treaty  proclaimed  January  31, 1797 852 

Steh-chass. 

Treaty  proclaimed  March  3, 1855 560 

Steilacoom. 

Treaty  proclaimed  March  3, 1855 560 

Ste-tehtlum. 

Treaty  proclaimed  April  29, 1859 800 

Saint  Peters  River,  Sioux  of. 

Treaty  proclaimed  December  26, 1815 

Saint  Regis. 

Treaty  proclaimed  January  31, 1797 

April  4, 1840 

April  4, 1840,  (supplementary) 560 

Sioux. 

Treaty  proclaimed  July  19,1815 

July  19, 1815 

December  26,1815 

December  30,1816 J«J 

February  6, 1826 

February  6, 1826 gf 

February  6, 1826 £J 

February  26, 1826 gg 

February  15, 1827 ™* 

February  24, 1831 ™ 

February  13, 1837 ™2 

February  18, 1837 %* 

June  15, 1838 ™J 

February  21, 1838 g-3 

February  24, 1853 

February  24, 1853 

February  26, 1859 


1072 

Page. 

Sioux— Continued.  8Qr 

Treaty  proclaimed  March  31,1859 g» 

March  31,1859 J™ 

March  17,  1866 Q™> 

March  17,1866 gon 

March  17,  1866 #£ 

March  17,  1866 ™? 

March  17,1866 ~£ 

March  17,1866 goo 

March  17,1866 g^f 

March  17,1866 g« 

May  a,  1867 - *£ 

March  17,1868 °°4 

February  24, 1869 J14 

Sioune  band  of  Sioux. 

Treaty  proclaimed,  February  6,  1826 H7i 

Siaseton  band  of  Sioux. 

Treaty  proclaimed,  May  2,  1867 

Agreement  witb,  February  19,  1867 105" 

Sissetougs. 

Treaty  proclaimed,  February  24,  1831 781 

March  31,  1859 903 

Six  Nations. 

Treaty  concluded  October  22,  1784 922 

June  9, 1789 ; 923 

Treaty  proclaimed  January  21,  1795 925 

Six  Nations  of  New  York. 

Treaty  proclaimed  April  4,  1840 548 

Skin-pah  baud  of  Yakamas. 

Treaty  proclaimed  April  18,  1859 1040 

Squm-ah-mish. 

Treaty  proclaimed  April  11,  1859 378 

Squi-aiti. 

Treaty  proclaimed  March  3, 1855 560 

Swin-a-imsh. 

Treaty  proclaimed  April  11,1859 378 

Scotons. 

Treaty  proclaimed  April  10, 1855 23 

Sboshouees,  Northwestern  bands. 

Treaty  proclaimed  June  17,1865 928 

Shoshouee-Goships. 

Treaty  proclaimed  January  17, 1865 929 

Shoshonees,  Eastern  Band. 

Treaty  proclaimed  February  24, 1869 931 

S'Homamisli. 

Treaty  proclaimed  March  3, 1855 560 

Skope-amish. 

Treaty  proclaimed  April  11, 1859 378 

Siioquulmoos. 

Treaty  proclaimed  April  11, 1859 378 

Sno-ho-mish. 

Treaty  proclaimed  April  11, 1859 378 

Stockbridges. 

Treaty  proclaimed  January  21,  1795 ...  620 

May  16, 1840 ..       937 

March  1,1849 "."."."."."."".".".".".'.".'  '.'... 941 

September  8, 1856 ...       951 

Stoluck-wha-mish. 

Treaty  proclaimed  April  11,  1859 378 

Subordinate  tribes  in  Washington  Territory. 

Treaty  proclaimed  April  11, 1859. . .  378 

Susseton  Sioux.  "   'i»" 

Treaty  proclaimed  February  18, 1837. . .  876 

Suquamish. 

laimeaApri111'1859 378 

Treaty  proclaimed  April  29, 1859 ...  800 

Shyiks  band  of  Yakamas. 

Treaty  proclaimed  April  18, 1859 . . .  1040 


1073 

T. 

Tabeguache  band  of  Utahs.  1>ag<>- 

Treaty  proclaimed  December  14, 18C4 

Tabeguache  band  of  Utes.  J7° 

Treaty  proclaimed  November  G,  1868 
1  .ah-wa-Carros. 

Treaty  proclaimed  March  8. 1847 

February  21,  1838 

Ta-ih  baud  of  Walla- Wallas.  456 

Treaty  proclaimed  April  18.  1859. . .  ,.00 

Tamarois.  0<w 

Treaty  proclaimed  January  5, 1819 

February  13, 1833 ££ 

Tappage  Pawnees. 

Treaty  proclaimed  April  12. 1834  .  r<a 

January  8, 1849  , JJ2 

May  26, 1858 

Tekopa  baud  of  Calapooias. 

Treaty  proclaimed  April  10, 1855 i  H 

Teniuo  baud  of  Walla-Wallas. 

Treaty  proclaimed  April  18,  1859  ...  noo 

Tetou  baud  of  Sioux. 

Treaty  proclaimed  February  6, 1826... 
Teetons. 

Treaty  proclaimed  December  26,  1815 979 

Tobiuipee,  grand  sachem,  Pottawatomies  who  adhere  to. 

Treaty  proclaimed  December  21,  1814 1031 

To-i-sas  brother,  chief  Pottawatomies. 

Treaty  proclaimed  February  18,  1837 711 

Tonne wanda  baud  of  Seuecas. 

Treaty  proclaimed  March  31,  1859 839 

March  31,  1859,  (supplementary) 833 

Too-an-hooch. 

Treaty  proclaimed  April  29,  1859 800 

Thorutowii  party  of  Miamies. 

Treaty  proclaimed  May  7,  1828 520 

Tsohkw. 

Treaty  proclaimed  April  29,  1859 800 

Two-Kettle  band  Sioux. 

Treaty  proclaimed  March  17,  1866 895 

February  24, 1869 914 

Tualatin  baud  of  Calapooias. 

Treaty  proclaimed  April  10,  1855 13 

Tuscaroras. 

Treaty  concluded  October  22,  1784 922 

June  9,  1789 923 

Treaty  proclaimed  January  21,  1795 925 

January  21, 1795 G20 

April  4,  1840 553 

Teh-queen. 

Treaty  proclaimed  April  29,  1859 800 

T'Peeksiu. 

Treaty  proclaimed  March  3,  1855 560 

U. 
Uintali  baud  of  Utes. 

Treaty  proclaimed  November  6,  1868 981 

Umatillas. 

Treaty  proclaimed  April  11,  1859 987 

Umpquas. 

Treaty  proclaimed  February  5,  1855 

March  30,  1855 977 

April  10, 1855 *<* 

Unckpapa  band  of  Sioux. 

Treaty  proclaimed  February  24, 1869 

Upper  de  Chutes  baud  of  Walla-Wallas. 

Treaty  proclaimed  April  18,  1859 C22 

Upper  Medawakanton  Sioux. 

Treaty  proclaimed  February  18,  1837 87C 

*135  I  T 


1074 

Tagc. 

Upper  Pend  d'Oreillo.  7 

Treaty  proclaimed  April  25,  18ob 383 

April  18,  1859 

^Treaty  proclaimed  September  9,  1850 "^""l'.":'.      970 

December  14,  1864 

C  Treaty  proclaimed  November  6,  1868 

V. 
Vermillion,Kickapoosofthe 

Treaty  proclaimed  May  10,  1820 

January  8,  1821 

Vieux  de  Sert  band  of  Chippewas. 

Treaty  proclaimed  January  29,  ISoo 

W. 

Wabash,  Pottawatomies  of. 

Treaty  proclaimed  February  18, 183/  

'^Treaty  proclaimed  March  8,  1847 306 

Wa-haw-sbaw's  tribe,  Sioux. 

Treaty  proclaimed  February  13,  18.37 s/o 

Wabpetous. 

Treaty  proclaimed  February  24,  1831 781 

March  31,  1859 - 903 

Agreement  with,  February  19,  1867 lOoO 

Wah-lal-la  baud  of  Calapooias. 

Treaty  proclaimed  April  10,  1855 

Wab-pay-toun  Sioux. 

Treaty  proclaimed  February  24,  1853 879 

Wahpacootas. 

Treaty  proclaimed  February  24,  1831 781 

February  18, 1837 876 

February  24, 1853 882 

March  31, 1859 885 

Walla-Wallas. 

Treaty  proclaimed  April  11,  1859 987 

April  18,  1859 622 

Warpeton  band  of  Sioux. 

Treaty  proclaimed  May  2,  1867 909 

Wau-ke-Wa,  Che-cose's  only  son,  chief  Pottawatomies. 

Treaty  proclaimed  June  4,  1836 708 

Weas. 

Treaty  proclai  med  December  2,  1795 184 

December  26,  1803 370 

April  24,  1806 37 1 

January  25,  1810 997 

April  16, 1810 376 

December  31,  1814 1032 

December  30,  1816 , 438 

January  7,  1819 993 

January  8,  1821 994 

February  23,  1833 658 

August  10,  1854 426 

October  14,  1868 .....""..""I.  I ..  T.  ......  I ..  839 

Wenat-shaparn  band  of  Yakamas. 

Treaty  proclaimed  April  18,  1859 1040 

Weemiuuche  tribe  of  Utes. 

Treaty  proclaimed  November  6, 1868 981 

Winnebagoes. 

Treaty  proclaimed  January  30, 1816 ...  995 

February  26, 1826 155 

January  7, 1829 K50 

February  23, 1829 209 

February  2, 1830 99^ 

February  13,  1833 oqg 

j»"e  16, 1838 ...:::;:;.;;::::;;:::: :::::::::  998 

1  ebruary  4,  1847 

March  23,  1855 


1075 

Wiunebagoes — Continued. 

Treaty  preclaimed  March  23,  18G1 ion 

March  28,1866 !."".".'.'.".""!."  {of.} 

Willamette  Twinwater  band  of  Calapooias. 

Treaty  proclaimed  April  10,  1855 10 

Winnefelly  band  of  Calapooias. 

Treaty  proclaimed  April  10,  1855 jg 

Wing,  chief  of  Ottawas  of  Blanchard's  Fork,  living  near  Detroit. 

Treaty  proclaimed  December  21, 1814 1032 

Wisconsin  band  of  Chippewas. 

Treaty  proclaimed  January  29,  1855 , 224 

Wisconsin  River,  Winnebagoes  on. 

Treaty  proclaimed  January  30,  1816 995 

Wis-ham  band  of  Yakamas. 

Treaty  proclaimed  April  ]  8, 1859 1040 

Witchetaws. 

Treaty  proclaimed  May  19,  1836 303 

March  8, 1847 mm"m  306 

Wolf  Rapids  on  the  Miami  River  of  Lake  Erie,  Ottawas  residing  at. 

Treaty  proclaimed  April  6,  1832 599 

Woll-pah-pe  Snakes. 

Treaty  proclaimed  July  10, 1866 804 

Wyam  band  of  Walla- Wallas. 

Treaty  proclaimed  April  18,  1859 622 

Wyandotts. 

Treaty  proclaimed  December  2,  1795 184 

December  23,  1803 383 

April  24,  1806 190 

January  27, 1808 ]  92 

March  3,  1809 194 

April  6,  1832 1030 

Ratified  December  26, 1 815 196 

Proclaimed  January  4, 1819 197 

January  4, 1819 1033 

January  7, 1819 1017 

April  6,  1832 1030 

December  21,  1814 1032 

April  6, 1832 1035 

May  16,  1836 1029 

Octobers,  1842 1017 

December  30, 1850 1021 

March  1,  1855 1022 

October  14,  1868 839 

Y. 
Yahooskin  band  of  Snake  Indians. 

Treaty  proclaimed  February  17, 1870 432 

Yakamas. 

Treaty  proclaimed  April  18,  1859 1040 

Yam  Hill  band  of  Calapooias. 

Treaty  proclaimed  April  10,  1855 18 

Yanktou  baud  of  Sioux. 

Treaty  proclaimed  July  19,  1815 854 

February  6,  1826 866 

February  15, 1827 634 

February  24,  1831 783 

February  21,  1838 854 

February  26, 1859 855 

Yanktonies  band  of  Sioux. 

Treaty  proclaimed  February  6,  1826 866 

Yanktouai  band  of  Sioux. 

Treaty  proclaimed  March  17,  1866 862 

February  24, 1868 914 

Yanktonai  upper  band  of  Sioux. 

Treaty  proclaimed  March  17,  1868 864 

Yeunis. 

Treaty  proclaimed  April  29,  1859 800 

Yampa  band  of  Utes. 

Treaty  proclaimed  November  6, 1868 

O 


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